Among other matters, Bill C-38 would, if passed,

• amend Part I of the Canada Labour Code (“Code”) to require each party to a collective agreement to file a copy of the agreement with the Minister of Labour “immediately after it is entered into, renewed or revised,” subject to the regulations, as a condition of its coming into force;
• amend Part III of the Code to generally require employers that provide benefits to their employees under long-term disability plans to insure those plans. As an exception, however, a new subsection 239.2(2) would allow for an employer to not insure long-term disability benefits under circumstances and subject to the conditions provided for in the regulations. Uninsured long-term disability benefits that are in pay and long-term disability benefits in respect of claims initiated prior to the coming into force of these amendments may, as a transitional measure, continue to be provided on an uninsured basis; 
• in addition to a general and significant increase in maximum fines for first, second and subsequent offences under section 256(1) of the Code, Bill C-38 would specifically increase maximum fines for non-compliance with the above long-term disability provisions, the employer obligation to provide wage replacement to an employee who is absent from work due to work-related illness or injury section in section 239.1(2), or Group Termination of Employment regulations (section 227) to a fine of not more than $250,000;

Generally, the Bill C-38 amendments highlighted above would come into force on a day or days to be fixed by order of the Governor in Council.

For more information about Budget 2012, see our FTR Now, “Federal Budget 2012 – Highlights for Employers.”

• a requirement that federally regulated private sector employers insure the long-term disability plans they offer to employees;
• tax changes in respect of employer contributions made to group sickness or accident insurance plans;
• a reduction of the federal public service by 19,200 jobs, taking into account attrition through retirement or voluntary departures;
• continued elimination of severance benefits in case of voluntary severance and retirement;
• amendments to the Public Service Pension Plan such that employees bear 50% of the contribution costs over time;
• changes to the eligibility age for Old Age Security and Guaranteed Income Security benefits;
• new rules regarding the Retirement Compensation Arrangements; and
• various initiatives relating to innovation, research and development and tax reform measures.

For more information on the federal Budget 2012, see our FTR Now, Federal Budget 2012 – Highlights for Employers.

In part, Bill 55 proposes amendments to reform the interest arbitration process in Ontario that would affect a variety of employment-related statutes, including the Ambulance Services Collective Bargaining Act, 2001, the Fire Protection and Prevention Act, 1997, the Hospital Labour Disputes Arbitration Act and the Police Services Act, among others. The amendments would:

• require submissions from the parties to the arbitration;
• require written reasons from the arbitrator upon the request of either party;
• create a 12-month time limit on the issuance of an arbitration award (subject to limited extension in exceptional circumstances); and
• permit the Ontario Labour Relations Board to issue an award if the arbitration award is not rendered in accordance with the prescribed time limits.

Technical amendments to the Pension Benefits Act are also proposed in Bill 55 which, if passed, would clarify amendments in prior pension reform legislation and support initiatives proposed in the Budget.

More detailed information about Bill 55 and the Budget is available in our FTR Now of March 29, 2012, “Ontario Budget 2012: Highlights for Employers.”

The Budget comes on the heels of the Drummond Report, which was released in mid-February and which recommended sweeping reform measures aimed at increasing efficiencies within the broader public service and the delivery of a variety government programs.

Key components of the Drummond Report are summarized in two previous issues of FTR Now: The Drummond Report – Impact on the Broader Public Sector and Drummond Commission Reports on Elementary and Secondary Education Reform.

We are in the process of reviewing the Budget. An FTR Now discussing the Budget’s highlights will be available shortly on our website.

If passed, Bill 28 will repeal the Registered Human Resources Professional Association of Ontario Act, 1990, and will:

• provide a framework for membership in the Association;
• prohibit the use of specified designations and initials by unauthorized individuals or entities;
• set out procedures to deal with complaints against members of the Association and establish a disciplinary process;
• authorize practice inspections;
• establish procedures for determining whether a member of the Association is incapacitated and provide the capacity committee with the power to take steps to address any incapacity in so far as it affects a member’s practice; and 
• provide for the appointment of investigators and inspectors to conduct investigations and inspections under the Act, and set out their powers.

Our FTR Now of December 15, 2011, Legislative Update - A New ESA Leave and Potential Changes to the Regulation of the HR Profession, reviews the changes proposed by Bill 28.

Bill 28 is the reintroduction of Bill 138, Registered Human Resources Professionals Act, 2010.

In June of 2011, the Ontario government tasked the Commission with the examination of its service delivery models, and the preparation of a comprehensive report identifying:

• programs that were no longer serving their intended purpose that could be eliminated or redesigned;
• areas of overlap and duplication that could be eliminated; and
• areas of value in the public sector that could be further enhanced.

With hundred of recommendations made, the Drummond Report is intended to provide the Minister of Finance with a series of wide-ranging and far-reaching recommendations for the government to consider in advance of its 2012 Ontario Budget.

We are in the process of reviewing the Report, and will be providing a more detailed analysis of the potential impact of the Report in subsequent FTR Nows over the coming days

The Internet Child Pornography Reporting Regulations provide the enabling framework for the legislation. It names the designated organization (Canadian Centre for Child Protection) for the purpose of receiving reports, and elaborates upon its role, functions and activities, as well as the manner in which "service providers" discharge their duties under the Act. This includes the notification of police, and preservation of evidence in accordance with sections 3 and 4 of the Act.

Both the Customer Service Standards and the emergency response requirements under the Integrated Accessibility Standards have compliance deadlines of January 1, 2012.

More information about these standards is outlined in our FTR Nows of November 17, 2011, “Are You Prepared for the AODA?”, and June 9, 2011, “Ontario Government Releases Final Integrated Accessibility Standards Regulation Under the AODA.”

Information on the AODA is available on the Ministry of Community and Social Services website.

• amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees unless there is a bona fide occupational requirement;
• amends the Canada Labour Code to repeal a provision that denies federally regulated employees the right to severance pay for involuntary termination if they are entitled to a pension;
• amends the Canada Pension Plan to include amounts received by an employee under an employer-funded disability plan in contributory salary and wages;
• allows eligible volunteer firefighters to claim a 15% non-refundable tax credit based on an amount of $3,000;
• introduces tax anti-avoidance rules for registered retirement savings plans (RRSP) and registered retirement income funds (RRIF);
• introduces rules to limit tax deferral opportunities for individual pension plans;
• introduces rules to limit tax deferral opportunities for corporations with significant interests in partnerships;
• extends the dividend stop-loss rules to dividends deemed to be received on the redemption of shares held by certain corporations;
• clarifies that the “financially dependent” test applies for the purposes of provisions that permit rollovers of the assets of a deceased taxpayer’s RRSP or RRIF to an infirm child or grandchild’s registered disability savings plan;
• provides a temporary measure to refund a portion of employer Employment Insurance premiums for small business;
• amends the pension-to-RRSP transfer limits in situations where the accrued pension amount was reduced due to the insolvency of the employer and underfunding of the employer’s registered pension plan; and
• extends in certain circumstances the period during which an employee may seek unpaid wages from a bankrupt employer or one in receivership under the Wage Earner Protection Program Act.

A number of these tax measures follow the release of previously reported draft proposed changes to the Income Tax Act and regulations by the Department of Finance.

The amendments to the Canadian Human Rights Act and the Canada Labour Code come into force December 15, 2012.

Bill C-13 should be consulted for other coming into force information.

This resolution is consistent with the federal government’s prior announcement of a reduction in the maximum potential increase in EI premium rates for 2012 from 10 cents, to 5 cents.

According to the government press release, the leave would be available to all full-time, part-time, permanent, or contract employees covered by the Employment Standards Act, 2000. If passed, employees would be eligible for the leave to care for:

• a spouse;
• the parent, step-parent, or foster parent of the employee or the employee's spouse;
• a child, step-child, or foster child of the employee or the employee's spouse;
• a grandparent, step-grandparent, grandchild, or step-grand-child of the employee or the employee's spouse;
• the spouse of a child of the employee;
• the employee's brother or sister; or
• a relative of the employee who is dependent on the employee for care or assistance.

An employee would be required to have a medical certificate from a qualified health practitioner stating that the employee's family member has a serious medical condition in order to be eligible for the leave. The employee would have to produce the medical certificate if requested by his or her employer.

Bill 30 would build on the existing Family Medical Leave, which currently provides up to eight weeks of job-protected leave to provide care or support to certain individuals if the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks.

Should Bill 30 pass, the Ontario government has indicated its intention to press the federal government for an extension of Employment Insurance benefits to those employees who qualify for the leave.

As previously reported, the Bill was introduced on October 4, 2011.

The Speech from the Throne will be given on Tuesday November 22, 2011.

As previously reported, the Bill was introduced on October 4, 2011.

If passed, the Bill would, among other things:

• amend the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees unless there is a bona fide occupational requirement;
• amend the Canada Labour Code to repeal a provision that denies federally regulated employees the right to severance pay for involuntary termination if they are entitled to a pension;
• amend the Canada Pension Plan to include amounts received by an employee under an employer-funded disability plan in contributory salary and wages;
• allow eligible volunteer firefighters to claim a 15% non-refundable tax credit based on an amount of $3,000;

A number of these tax measures follow the release of previously reported draft proposed changes to the Income Tax Act and regulations by the Department of Finance.

The amendments to the Canadian Human Rights Act and the Canada Labour Code would come into force one year from the date the Bill receives Royal Assent.

Bill C-13 should be consulted for other coming into force information.

O. Reg. 219/11 is now in force.

O. Reg. 191/11, which will come into force on July 1, 2011, has now been posted on the e-laws website.

More information about the Integrated Accessibility Standards regulation is available in our FTR Now of June 9, 2011, "Ontario Government Releases Final Integrated Accessibility Standards Regulation Under the AODA".

These amendments are contained in Schedule 4 of the Better Tomorrow for Ontario Act (Budget Measures), 2011. Section 11.1 pertains to the issuance of perquisite directives by the Management Board of Cabinet which will apply to "designated broader public sector organizations". Section 11.2 permits the Management Board of Cabinet to make guidelines with respect to allowable perquisites for "publicly funded organizations".

More information about these amendments is available in our FTR Now of June 1, 2011, “Perquisites Directive Issued by Ontario Government Now in Effect”.

Proclamation information will be published in The Ontario Gazette on June 11, 2011.