On June 11, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013 passed Third Reading on recorded division. As previously reported, Bill 65 is legislation which will give effect to certain initiatives contained in the Ontario Budget 2013.
On the same date, the Ontario Legislature adjourned until September 9, 2013.
On June 5, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, carried on recorded division at Second Reading and was ordered referred to the Standing Committee on Finance and Economic Affairs.
As previously reported, Bill 65 is legislation which, if passed, will give effect to certain initiatives contained in the Ontario Budget 2013.
On June 5, 2013, a Procedural Order relating to the timetable for consideration of Bill 65 also carried on division. The Order establishes a short timeframe for Committee hearings and, once the Bill is returned to the Legislature, allots two hours for the Third Reading stage.
The Legislature is currently scheduled to rise for the summer on June 6, 2013. The Order establishes that, if needed, the Parliamentary Calendar will be revised to allow the Legislature to resume sitting on June 10, 2013 for consideration of Bill 65.
The Procedural Order also requires the government to table a bill with respect to the establishment of a Financial Accountability Office within two days of resumption of sitting in September 2013.
The federal government has fixed June 9, 2013 as the day subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force.
These sections amend the Canada Labour Code to provide an unpaid leave to an eligible federally regulated employee whose child is critically ill and the Employment Insurance Act to create a new employment insurance benefit for eligible parents of critically ill children.
Regulations Amending the Employment Insurance Regulations, supporting Regulations to these amendments, were registered on May 24, 2013 and come into force on June 9, 2013.
On May 17, 2013, the Ontario government filed O. Reg. 157/13 amending Regulation 460 (General) made under the Freedom of Information and Protection of Privacy Act (“FIPPA”).
O. Reg. 157/13 amends the Schedule to Regulation 460 by revoking and/or adding certain entities as designated institutions under FIPPA.
With one exception, O. Reg. 157/13 came into force on May 17, 2013.
On May 7, 2013, Bill C-60, Economic Action Plan 2013 Act No. 1, passed Second Reading in the House of Commons and was ordered referred to the Standing Committee on Finance.
As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.
Social Insurance Number Regulations made under the Department of Human Resources and Skills Development Act, which include Consequential Amendments to the Employment Insurance Act Regulations, came into force on April 30, 2013.
Among other things, these Regulations align the regulatory framework with legislative changes enacted in the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) which end the mandatory issuance of Social Insurance Number (“SIN”) cards (cards may continue to be issued on a discretionary basis). Operationally, this will be achieved by March 31, 2014. As previously reported, the relevant provisions in the JGLPA regarding the end of the mandatory issuance of SIN cards came into force on March 1, 2013.
Under these changes, the SIN will still be required by employers, but there may be no physical SIN cards. SIN cards which are already in circulation will remain valid.
Regulations Amending the Canada Pension Plan (Social Insurance Numbers) Regulations, made under the Canada Pension Plan, also align these Regulations with the legislative changes which end the mandatory issuance of SIN cards.
Sections 434 to 439 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) have been proclaimed into force effective July 1, 2014.
The JGLPA is omnibus legislation giving effect to certain initiatives contained in the federal Budget 2012. Sections 434 to 439 amend the Canada Labour Code (“Code”) to, among other things:
On May 2, 2013, the Ontario government tabled its Budget 2013, “A Prosperous and Fair Ontario” as well as Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, legislation which, if passed, would implement certain initiatives contained in the Budget.
Among other things, the measures contained in the Budget of interest to employers include:
An FTR Now providing a more detailed analysis of the Budget proposals will be availabe shortly on our website.
For an analysis of the Carrigan v. Carrigan Estate decision, see our FTR Now of March 28, 2013 “Supreme Court Denies Leave in Carrigan.”
On April 29, 2013, the federal government tabled Bill C-60, Economic Action Plan 2013 Act, No. 1, omnibus legislation giving effect to some of its Budget 2013 initiatives.
In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they become available, the federal government also announced significant modifications to the Temporary Foreign Worker Program (“TFWP”) through legislative, regulatory and administrative changes. In this regard, Bill C-60 would, if passed, amend the Immigration and Refugee Protection Act to include the following:
On April 25, 2013, Bill 32, Registered Human Resources Professionals Act, 2013, carried at Second Reading and was ordered referred to the Standing Committee on Regulations and Private Bills.
As previously reported, if passed Bill 32 would repeal the Human Resources Professionals Association of Ontario Act, 1990. Among other things, it would provide a framework for membership in the association, set out procedures relating to complaints, establish a disciplinary process and authorize practice inspections.
On April 1, 2013, the federal Social Security Tribunal (“SST”) became operational. It creates a new appeals process for decisions made under the Employment Insurance Act (“EI Act”), the Canada Pension Plan (“CPP”) and the Old Age Security Act (“OAS Act”).
The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation giving effect to the federal government’s Budget 2012 initiatives. It will replace four separate administrative tribunals:
The JGLPA sets out transitional provisions for appeals before these tribunals between April 1, 2013 and March 31, 2014. On April 1, 2014, the SST will begin hearing all appeals under the EI Act, the CPP and the OAS Act. Corresponding amendments to the EI Act, the CPP and the OAS Act have been made.
The SST provides for two levels of appeals: the General Division and the Appeal Division.
Social Security Tribunal Regulations and Reconsideration Request Regulations, supporting regulations to the SST initiative, came into force on April 1, 2013.
On April 10, 2013, the Ontario government introduced Bill 51, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2013. If passed, Bill 51 would:
On April 7, 2013, certain amendments to the Employment Insurance Act (“EI Act”) made by the federal government’s Budget 2012 legislation, Jobs, Growth and Long-term Prosperity Act, will come into force and create a new benefit rate calculation for employment insurance benefits.
As of April 7, 2013, the calculation of the benefit rate of most claimants will be based on the highest weeks of insurable earnings out of the qualifying period. The number of weeks used in that calculation will vary and will depend on the monthly unemployment rates in the applicable region (“Variable Best Weeks”).
As previously reported, Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks) was extended to April 6, 2013, pending the enactment of the new permanent approach to calculating employment insurance benefits.
On March 8, 2013, the federal government registered Regulations Amending the Employment Insurance Regulations (“Regulations”) which make technical amendments to align the Employment Insurance Regulations with the amendments to the EI Act. The Regulations will come into force on April 7, 2013.
On March 21, 2013, the federal government tabled its Budget 2013, Jobs Growth and Long Term Prosperity – Economic Action Plan 2013.
Some of the highlights of interest to employers and pension plan administrators include:
For more detailed analysis of the Budget 2013 initiatives see our FTR Now "Federal Budget 2013".
Today, the federal government tabled its Budget 2013, Jobs, Growth and Long Term Prosperity - Economic Action Plan 2013.
Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget's highlights for employers and pension plan administrators will be available shortly on our website.
On March 20, 2013, Bill 32, Registered Human Resources Professionals Act, 2013, was introduced in the Ontario Legislature. Bill 32 is a Private Member's Bill which is co-sponsored by three Members of Provincial Parliament, one from each of the Liberal, PC and NDP parties.
Bill 32 reintroduces Bill 28, Registered Human Resources Professionals Act, 2011, which expired on the order paper with the prorogation of the Legislature in October 2012.
If passed, Bill 32 will repeal the Human Resources Professionals Association of Ontario Act, 1990 and will:
Our FTR Now of December 15, 2011 discusses the changes which were introduced by Bill 28 and which have now been reintroduced by Bill 32: “Legislative Update – A New ESA Leave and Potential Changes to the Regulation of the HR Profession.”
Sections 15, 16 and 21 of the Helping Families in Need Act (“Act”) have been proclaimed into force effective March 24, 2013.
Sections 15 and 16 amend the Employment Insurance Act (“EI Act”) to allow insured and self-employed persons who are in receipt of employment insurance (“EI”) parental benefits to qualify for EI sickness benefits should they become ill or are injured while on parental benefits, even though they are not available for work. Section 16 of the Act amends the EI Act to ensure that, regardless of the reason a claimant stopped working, if the claimant is in receipt of any sickness benefits under a provincial law due to illness, injury or quarantine, the EI benefits payable shall be reduced or eliminated as prescribed.
Regulations giving support to these amendments have been registered. Regulations Amending the Employment Insurance Regulations come into force on March 24, 2013. Regulations Amending the Employment Insurance (Fishing) Regulations should be consulted for coming into force information.
The federal government has fixed March 1, 2013 as the day Division 7 Part 4, sections 304 to 308 and 310 to 312 and sections 685 and 687 to 695 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force.
Division 7 Part 4 of the JGLPA consolidates the Privacy Codes of the Department of Human Resources and Skills Development Canada (“HRSDC”) and makes corresponding amendments to the Department of Human Resources and Skills Development Act (“Act”) the Canada Pension Plan and the Old Age Security Act. Consequential amendments are also made to the Access to Information Act and the Income Tax Act.
Pursuant to sections 304 to 308 and 310 to 312 of the JGLPA, the Act is amended to include terms relating to the Social Insurance Number (“SIN”). Among other things, the HRSDC may maintain a Social Insurance Register (“SIR”) which contains SIN information and the production of SIN cards will be allowed to end. These sections also contain SIN-related amendments to, among other statutes, the Canada Pension Plan, the Employment Insurance Act and the Wage Earner Protection Program Act.
The federal government has fixed March 1, 2013 as the day sections 449, 450 and 453 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. These sections amend the Old Age Security Act to provide for automatic enrolment of eligible persons for Old Age Security (“OAS”) pensions, to allow an eligible person to decline a waiver of the requirement for an application and to allow a pensioner to request cancellation of his or her pension after it has commenced.
The federal government registered Regulations Amending the Old Age Security Regulations on February 14, 2013. Sections 2 and 5 to 9 support the first phase of the proactive enrolment provisions found in sections 449, 450 and 453 of the JGLPA, noted above, and came into force on March 1, 2013. The Regulations also make an amendment to the age of eligibility provision in the Old Age Security Regulations (effective February 14, 2013) and to the manner in which a pension for those who have voluntarily deferred their OAS pensions is rounded to the nearest cent (effective July 1, 2013).
On February 8, 2013, the federal government registered Rules Amending the Federal Courts Rules (“Rules”). The Rules are the result of a consultation process and are housekeeping in nature.
Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general procedures for ex parte motions, eliminate the need to file an affidavit attaching the certified record in subsections 309(2) and 310(2) of the Federal Courts Rules (Part 5 Applications) and provide for respondents to appear in support of an application (not just in opposition to it).
The Rules (except for paragraphs 34(1)(b) and (c)) came into force on the date of registration, or February 8, 2013.
Sections 605 and 607 of the Jobs, Growth and Long-term Prosperity Act, which amend the Employment Insurance Act (“EI Act”) have been proclaimed into force effective January 6, 2013.
Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations of employers and other prescribed parties. The section states:
46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent.
As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of a Criminal Code offence. It will also amend the Employment Insurance Act to allow an eligible person to claim benefits where that person is providing support or caring for a critically ill child.
The Bill should be consulted for coming into force information.
On December 14, 2012, Bill C-45, Jobs and Growth Act 2012, passed Third Reading in the Senate and received Royal Assent.
As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which gives effect to certain initiatives contained in its Budget 2012.
The Bill should be consulted for coming into force information.
For more information on Bill C-45, see our FTR Now of October 26, 2012, “Federal Government Introduces Second Budget Implementation Bill.”
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent.
As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of a Criminal Code offence. It will also amend the Employment Insurance Act to allow an eligible person to claim benefits where that person is providing support or caring for a critically ill child.
The Bill should be consulted for coming into force information.
On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading.
As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file public information returns containing certain prescribed information including, among other things, financial statements and statements of disbursements made on labour relations and political and lobbying activities.
On November 14, 2012, Regulations Amending the Political Activities Regulations made under the Public Service Employment Act were registered. The amendments are intended to facilitate the application of the Political Activities Regulations and to clarify certain provisions of those Regulations.
On December 5, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Third Reading in the House of Commons and will proceed to the Senate for debate.
As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which, if passed, will give effect to certain initiatives contained in its Budget 2012.
For more information on Bill C-45, see our FTR Now of October 26, 2012, “Federal Government Introduces Second Budget Implementation Bill.”
On November 27, 2012, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was deemed reported without amendment back to the House of Commons from the Standing Committee on Finance. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file public information returns containing certain prescribed information including, among other things, financial statements and statements of disbursements made on labour relations and political and lobbying activities.
On November 26, 2012, Bill C-45, Jobs and Growth Act, 2012, was reported back to the House of Commons from the Standing Committee on Finance without amendment. As previously reported, Bill C-45 is the federal government’s second omnibus Bill which, if passed, will give effect to certain initiatives contained in its Budget 2012.
For more information on Bill C-45, see our FTR Now of October 26, 2012, “Federal Government Introduces Second Budget Implementation Bill.”
The federal government has announced that it will be raising the annual contribution limit for the Tax-Free Savings Account (“TFSA”) by $500, from the current $5000.00 to $5500.00, commencing in 2013.
On November 22, 2012, the Ontario government filed O. Reg. 385/12 made under the Public Sector Salary Disclosure Act, 1996. It provides that the following amounts are to be considered “salary” for the purposes of the Act for each year, commencing in 2012:
1. An amount received by an employee as remuneration on a per diem basis for performing his or her duties as,
i) a director, or
ii) a holder of office elected or appointed under the authority of an Act of Ontario.
2. An amount received by an employee as a retainer in consideration for agreeing to perform duties as a director or holder of office.
O. Reg. 385/12 comes into force on January 1, 2013.
On November 20, 2012, Bill C-44, Helping Families in Need Act, was passed at Third Reading in the House of Commons and was referred to the Senate.
As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of a Criminal Code offence. It will also amend the Employment Insurance Act to allow an eligible person to claim benefits where that person is providing support or caring for a critically ill child
On November 17, 2012, the federal government published proposed Regulations Amending the Canada Industrial Relations Board Regulations, 2001, inviting interested parties to comment on the proposed regulatory text within two weeks of the date of publication.
The proposed Regulations follow consultations conducted by the Canada Industrial Relations Board (“CIRB”) throughout 2011 with labour and management stakeholders in the federally regulated sector, and are made under authority of the Canada Labour Code (“Code”). If registered, they will amend the Canada Industrial Board Regulations, 2001. Among other matters, the amendments would include:
Details on how to make submissions on the proposed regulatory text is found in the Canada Gazette of November 17, 2012.
On November 2, 2012, Bill C-44, Helping Families in Need Act, was reported back to the House of Commons without amendment by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of a Criminal Code offence. It will also amend the Employment Insurance Act to allow an eligible person to claim benefits where that person is providing support or caring for a critically ill child.
On October 30, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Second Reading in the House of Commons and was referred to the Standing Committee on Finance.
As previously reported, Bill C-45 is the second omnibus budget bill giving effect to certain initiatives contained in the federal government's Budget 2012.
On October 18, 2012, the federal government tabled Bill C-45, Jobs and Growth Act, 2012, the second omnibus budget bill giving effect to the initiatives found in its Budget 2012, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-term Prosperity.
If passed, Bill C-45 will, among other things:
On October 15, 2012, the federal government also tabled a Notice of Ways and Means Motion to implement certain tax measures contained in its Budget 2012.
As previously reported, the first omnibus budget bill, Jobs, Growth and Long-term Prosperity Act, received Royal Assent on June 29, 2012.
On October 15, 2012, Ontario Premier McGuinty announced his resignation and as well the Ontario Legislature prorogued. As a result of the prorogation, all outstanding business before the Legislature, including all government and Private Members' Bills, “died” on the Order Paper. All Committee work has also ended.
For more information on the prorogation, and especially its impact on the government’s ongoing compensation restraint initiatives, see our FTR Now dated October 16, 2012, “Premier McGuinty Announces his Resignation and Prorogues the Legislature.”
On October 2, 2012, Bill C-44, Helping Families in Need Act, passed Second Reading and was referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, among other things Bill C-44, if passed, will make certain amendments to the Employment Insurance Act and the Canada Labour Code.
Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices.
As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act ("PIPEDA") to prohibit the collection of personal information by means of unauthorized access to computer systems, and the unauthorized compiling of lists of electronic addresses.
The CRTC had previously announced that on March 7, 2012, Electronic Commerce Protection Regulations (CRTC) were registered. The Regulations prescribe the information to be included in commercial electronic messages, the form of commercial electronic messages and the information to be included in a request for consent. As well, specified functions of computer programs must be separately brought to the attention of the person from whom consent is being sought and a written acknowledgement from that person, stating that they understand and agree that the program performs the specified functions, must be obtained.
The Regulations come into force on the day sections 6 to 11 and subsection 64(2) of Bill C-28 come into force.
Bill C-28 has not yet been proclaimed into force (with the exception of certain amendments to the PIPEDA).
On September 14, 2012, the 2013 employment insurance premium rate for residents of all provinces (with the exception of Québec) was set at $1.88 per $100 of insurable earnings by resolution of the Canada Employment Insurance Financing Board. The 2013 employment insurance premium rate for Québec residents was set at $1.52 per $100 of insurable earnings.
On September 26, 2012, the government announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”).
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act ("EI Act") and the Canada Labour Code as follows:
If passed, and once the Bill takes effect, the federal government will also make available a new grant to provide for federal income support for up to 35 weeks for parents of murdered or missing children (under 18 years of age), beginning on January 1, 2013.
On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy.
As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time, part-time, permanent, or contract employees covered by the Employment Standards Act, 2000 in certain circumstances to provide care for relatives and family members.
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.
[NOTE: With the prorogation of the Ontario Legislature on October 15, 2012, Bill 30 died on the Order Paper. See our FTR Now of October 16, 2012, "Premier McGunity Announces His Resignation and Prorogues the Legislature."]
The Pay Equity Commission has published “A Guide to Interpreting Ontario's Pay Equity Act” (August 2012). The Guide provides an overview of the interpretation by the Pay Equity Office of the minimum requirements of the Pay Equity Act, and is primarily intended to provide employers with guidance as to their obligations under that legislation.
The Ontario Ministry of Community and Social Services has published “A Guide to the Integrated Accessibility Standards Regulation” dated July 2012. The Integrated Accessibility Standards (IAS) Regulation was made under the Accessibility for Ontarians with Disabilities Act, 2005. It came into force on July 1, 2011 and affects nearly all organizations in Ontario. The Guide is a resource to assist organizations achieve compliance with the general, employment, information and communication, and transportation standards of the IAS Regulation.
In addition, the Ministry has released an online “Compliance Wizard” tool to help organizations prepare a customized schedule of the IAS Regulation’s requirements and deadlines, which vary depending on the type and size of the organization.
A discussion of the IAS Regulation can be found in our FTR Nows of June 9, 2011, “Ontario Government Releases Final Integrated Accessibility Standards Regulation under the AODA” and November 17, 2011, “Are You Prepared for the AODA?”
Further to its Economic Action Plan 2012, the federal government has announced the creation of a Panel on Labour Market Opportunities for Persons with Disabilities. The Panel has been charged with identifying private sector successes and best practices regarding labour market participation of persons with disabilities. It will also identify barriers and disincentives to employment for these persons. The Panel will report on its findings by December 2012.
On June 20, 2012, Regulations Amending The Employment Insurance Regulations (“Regulations”) were registered and are now in force. Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks), previously scheduled to end on June 23, 2012, is extended by the Regulations and will now end on April 6, 2013. This extension will bridge a gap until the new permanent approach to calculating employment insurance benefits, based on the availability of work in each region of the country (Variable Best Weeks), comes into effect on April 7, 2013. The new approach was announced in the federal Budget 2012.
The Regulations also establish Pilot Project No. 18, Pilot Project to Encourage Claimants to Work More While Receiving Benefits, which introduces a new Working While on Claim (“WWC”) pilot for three years, from August 5, 2012 to August 1, 2015. WWC Pilot Project No. 17, Pilot Project Increasing Allowable Earnings While Claimant is Receiving Benefits, will end on August 4, 2012. Pilot Project No. 18 will reduce a claimant’s benefits by 50% of his or her earnings while on a claim, starting with the first dollar earned, and has been established further to changes announced in the federal Budget 2012. It will test a new approach to create incentives for claimants to accept more available work while claiming employment insurance.
On June 20, 2012, Regulations Amending The Employment Insurance Regulations (“Regulations”) were registered and are now in force. Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks), previously scheduled to end on June 23, 2012, is extended by the Regulations and will now end on April 6, 2013. This extension will bridge a gap until the new permanent approach to calculating employment insurance benefits, based on the availability of work in each region of the country (Variable Best Weeks), comes into effect on April 7, 2013. The new approach was announced in the federal Budget 2012.
The Regulations also establish Pilot Project No. 18, Pilot Project to Encourage Claimants to Work More Wh
On June 20, 2012, Regulations Amending The Employment Insurance Regulations (“Regulations”) were registered and are now in force. Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks), previously scheduled to end on June 23, 2012, is extended by the Regulations and will now end on April 6, 2013. This extension will bridge a gap until the new permanent approach to calculating employment insurance benefits, based on the availability of work in each region of the country (Variable Best Weeks), comes into effect on April 7, 2013. The new approach was announced in the federal Budget 2012.
The Regulations also establish Pilot Project No. 18, Pilot Project to Encourage Claimants to Work More While Receiving Benefits, which introduces a new Working While on Claim (“WWC”) pilot for three years, from August 5 2012 to August 1, 2015. WWC Pilot Project No. 17, Pilot Project Increasing Allowable Earnings While Claimant is Receiving Benefits, will end on August 4, 2012. Pilot Project No. 18 will reduce a claimant’s benefits by 50% of his or her earnings while on a claim, starting with the first dollar earned. The goal is to ensure claimants benefit from working more. Pilot Project No. 18 has been established further to changes announced in the federal Budget 2012, and will test a new approach to create incentives to accept more available work while claiming employment insurance.
ile Receiving Benefits, which introduces a new Working While on Claim (“WWC”) pilot for three years, from August 5 2012 to August 1, 2015. WWC Pilot Project No. 17, Pilot Project Increasing Allowable Earnings While Claimant is Receiving Benefits, will end on August 4, 2012. Pilot Project No. 18 will reduce a claimant’s benefits by 50% of his or her earnings while on a claim, starting with the first dollar earned. The goal is to ensure claimants benefit from working more. Pilot Project No. 18 has been established further to changes announced in the federal Budget 2012, and will test a new approach to create incentives to accept more available work while claiming employment insurance.
On Thursday, June 21, 2012, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, September 17, 2012.
On June 29, 2012, Bill C-38, Jobs, Growth and Long-term Prosperity Act, received Royal Assent. Bill C-38 is omnibus legislation intended to give effect to certain key initiatives outlined in the federal government's Budget 2012.
For more information about Bill C-38, see our April 27, 2012 blog post and our FTR Now, “Federal Budget 2012 – Highlights for Employers.”
The Bill should be consulted for coming into force information.
On June 20, 2012, the House adjourned for the summer break. It is scheduled to resume sitting on September 10, 2012.
On June 20, 2012, Bill 55, Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”) passed Third Reading, as amended by the Standing Committee on Finance and Economic Affairs (“Committee”).
Among other matters, proposed amendments to interest arbitration processes under a variety of statutes were deleted from the Bill, including the Ambulance Services Collective Bargaining Act, 2001, the Fire Protection and Prevention Act, 1997, the Hospital Labour Disputes Arbitration Act, the Police Services Act and Toronto Transit Commission Labour Disputes Resolution Act, 2011.
Significant changes to the proposed Schedule 5 (Broader Public Sector Accountability Act, 2012) “wage freeze” amendments were also made, including:
A more detailed discussion of the above amendments, Bill 55 and Budget 2012 is available in our FTR Now of June 20, 2012, “Amended Ontario Budget Bill Passes.”
On June 18, 2012, after voting on over 800 proposed amendments, the House of Commons passed Bill C-38, Jobs, Growth and Long-term Prosperity Act, the omnibus legislation intended to give effect to certain key initiatives outlined in its Budget 2012. Bill C-38 now moves to the Senate for review and confirmation.
For more information about Bill C-38, see our April 27, 2012 blog post and our FTR Now, “Federal Budget 2012 – Highlights for Employers.”
Throughout June, July and August of 2012, the Ontario government will be conducting targeted inspections of temporary employee agencies across the province to ensure compliance with the Employment Standards Act, 2000. The blitz will focus on the following:
On April 26, 2012, the federal government introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, omnibus legislation intended to give effect to certain key initiatives outlined in its Budget 2012.
Among other matters, Bill C-38 would, if passed,
On March 29, 2012, the federal government tabled its 2012 Budget, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. Among other things, the Budget includes the following proposals:
For more information on the federal Budget 2012, see our FTR Now, Federal Budget 2012 – Highlights for Employers.
On March 27, 2012, the Ontario government introduced Bill 55, Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”), omnibus legislation designed to implement a number of the proposals contained in its 2012 Budget, "Strong Action For Ontario."
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:
On March 27, 2012, the Ontario government tabled its 2012 Budget, "Strong Action For Ontario."
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.
On March 1, 2012, Bill 28, Registered Human Resources Professional Act, 2011, was referred to the Standing Committee on General Government. Bill 28 is a private member's bill which is co-sponsored by three Members of Provincial Parliament, one from each of the Liberal, PC and NDP parties.
If passed, Bill 28 will repeal the Registered Human Resources Professional Association of Ontario Act, 1990, and will:
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.
On February 21, 2012, the House resumed sitting.
On February 15, 2012, the Commission on the Reform of Ontario's Public Services (“Commission”) chaired by Don Drummond released its long-awaited report (“Drummond Report”) identifying wide-ranging reform measures aimed at increasing efficiencies within the broader public service.
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:
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
On December 8, 2011, Bill C-22, an Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, came into force, along with supporting regulations.
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.
On December 21, 2011, the Ontario government confirmed that private sector and not-for-profit organizations have until December 31, 2012 to file accessibility reports required under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) Customer Service Standards regulation. The government also prepared “tip sheets” to assist organizations in meeting the emergency response requirements under the Integrated Accessibility Standards, the second regulation enacted under the AODA.
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.
On December 15, 2011, Bill C-13, Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. Bill C-13 is omnibus legislation designed to implement a number of measures proposed in its 2011 Budget, as outlined in our FTR Now of March 24, 2011, “Federal Budget 2011.”
On November 14, 2011, the Board of Directors of the Canada Employment Insurance Financing Board passed a resolution setting the 2012 Employment Insurance (“EI”) premium rate for residents of all provinces, with the exception of Quebec, at $1.83 per $100 of insurable earnings. The EI premium rate for Quebec residents has also been set, at $1.47 per $100 of insurable earnings.
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.
On December 8, 2011, the Ontario government introduced Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011, legislation that, if passed, will amend the Employment Standards Act, 2000 to create Family Caregiver Leave, effective July 1, 2012. The initiative to provide eligible employees with up to eight weeks of job-protected unpaid leave was first outlined in the Ontario Liberal Party's platform, which was released prior to the October, 2011 provincial election.
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:
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.
On November 22, 2011, First Reading of Bill C-13, Keeping Canada's Economy and Jobs Growing Act, commenced in the Senate.
As previously reported, the Bill was introduced on October 4, 2011.
On November 21, 2011, the Ontario Legislative Assembly convened for the Election of the Speaker.
The Speech from the Throne will be given on Tuesday November 22, 2011.
On November 4, 2011, the Standing Committee on Finance presented its Report to the House on the federal government’s omnibus Budget implementation Bill C-13, Keeping Canada’s Economy and Jobs Growing Act.
As previously reported, the Bill was introduced on October 4, 2011.
On October 4, 2011, the federal government introduced Bill C-13, Keeping Canada’s Economy and Jobs Growing Act, omnibus legislation designed to implement a number of measures proposed in its 2011 Budget (as previously discussed here).
If passed, the Bill would, among other things:
On Sunday June 26, 2011, the federal House of Commons adjourned until 11:00 a.m. (EDT) Monday, September 19, 2011.
On June 7, 2011, the Ontario government filed a regulation under the Broader Public Sector Accountability Act, 2010, expressly designating (1) district social services administration boards established under the District Social Services Administration Boards Act, and (2) "First Nations" as defined in the Indian Act as excluded "Publicly Funded Organizations" for the purposes of the Act.
O. Reg. 219/11 is now in force.
As previously reported, the Ontario government announced the release of the final version of the Integrated Accessibility Standards regulation under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) on June 3, 2011.
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".
August 2, 2011 has been named as the date sections 11.1 and 11.2 of the Broader Public Sector Accountability Act, 2010 will come into force.
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.
On June 6, 2011, the federal government re-introduced "Budget 2011, the Next Phase of Canada's Economic Action Plan—A Low-Tax Plan for Jobs and Growth” (PDF).
As anticipated, the Budget includes all of the measures previously introduced by the government in March of 2011, which are outlined in our FTR Now of March 24, 2011, “Federal Budget 2011”.
On June 3, 2011, the Ontario government announced the release of the final version of the Integrated Accessibility Standards regulation (the “final regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”).
The final regulation appears to follow the draft Integrated Accessibility Standards regulation (“draft regulation”), which was published in February of 2011 for public review and commentary. As previously reported, the draft regulation reflected public input received on the initial proposed regulatory requirements released in September 2010.
On June 2, 2011, the 41st Parliament commencement its first session. The government is expected to re-introduce its 2011 pre-election Budget, on June 6, 2011.
On June 1, 2011, the Ontario government prorogued, thus ending the session until after the Fall 2011 election, which is scheduled for October 6. As a result, all outstanding business before the House, including all government and Private Members' Bills, expired on the Order Paper.
On May 12, 2011, Bill 173, the Better Ontario for Tomorrow Act (Budget Measures), 2011 received Royal Assent. As previously reported, Bill 173 is omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on March 23, 2011.
The Bill should be consulted for coming into force information.
On May 10, 2011, Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011, carried at Third Reading after being reported as amended by the Standing Committee on Finance and Economic Affairs. It is expected to receive Royal Assent shortly.
The Committee amendments to Bill 173 with respect to the Pension Benefits Act relate specifically to the new asset transfer rules for prior sales of business (section 80.1) introduced by Bill 236, the Pension Benefits Amendment Act, 2010 (the details of which are discussed in our FTR Now of May 19, 2010).
On May 5, 2011, Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011, was reported as amended by the Standing Committee on Finance and Economic Affairs.
As previously reported, Bill 173 is omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on March 23, 2011.
More information about Bill 173 is outlined in our FTR Now of March 31, 2011, "Ontario Budget 2011 - Highlights For Employers".
On March 30, 2011, Bill 110, the Good Government Act, received Royal Assent.
As previously reported, the Good Government Act is omnibus legislation that makes a number of amendments to various statutes, including several which are employment-related.
The Act should be consulted for coming into force information.
On March 29, 2011, the Ontario government introduced Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011 (PDF), omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on that date.
Highlights in Bill 173 of interest to employers include:
We are reviewing Bill 173 and the Budget. An FTR Now discussing key highlights in further detail will be posted shortly on our website.
On March 29, 2011, the Ontario government introduced its 2011 Budget, “Turning the Corner to a Better Tomorrow” (PDF). Highlights in the Budget of interest to employers include:
We are in the process of reviewing the Budget. An FTR Now discussing the Budget’s highlights will be available shortly on our website.
On March 26, 2011, Parliament was proclaimed dissolved following adoption of a motion of non-confidence in the House of Commons. As a result, all outstanding business before the House, including all government and Private Members' Bills, expired on the Order Paper.
At the present time, Parliament is scheduled to reconvene on May 30, 2011, following the election on May 2, 2011.
On March 23, 2011, Bill C-22, an Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, received Royal Assent.
As previously reported, Bill C-22 imposes a mandatory duty on persons providing an "internet service" (a service providing internet access, e-mail or internet content hosting) to the public to report child pornography in specific cases. This includes where the person has "reasonable grounds to believe" the internet service is being used for this purpose. "Persons" is defined to include individuals, corporations, partnerships, unincorporated associations or organizations. There is an offence provision for non-compliance.
The Act will come into force on a day to be fixed by order of the Governor in Council.
On March 22, 2011, the federal government introduced its 2011 Budget “A Low-Tax Plan for Jobs and Growth”. Highlights in the Budget of interest to employers include:
Our FTR Now contains more detailed information on the Budget. (Note: it is unknown at this point whether the Budget will pass.)
On March 7, 2011, Bill 110, the Good Government Act, was carried at Third Reading.
As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes. The Bill should be consulted for coming into force information.
On March 3, 2011, Bill 138, the Registered Human Resources Professionals Act, 2010, passed Second Reading and was ordered referred to the Standing Committee on General Government.
As previously reported, Bill 138 is a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, it would create a more comprehensive legislative framework for the regulation of the human resources profession, and would provide the Human Resources Professionals Association (the “HRPA”) with broad powers of self-regulation.
On February 1, 2011, the Ontario government published its proposed Integrated Accessibility Regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for final public review and commentary. This draft regulation reflects public input received on the initial draft Integrated Accessibility Standard summary of proposed regulatory requirements released in September 2010.
Among the proposed amendments, the IAR would:
The government is also seeking comment on a proposed change to section 10 (Compliance) of O. Reg. 429/07, Accessibility Standards for Customer Service, and on the proposed amendments to O. Reg. 629, Vehicles for the Transportation of Physically Disabled Passengers.
On February 19, 2011, the federal government proposed new regulations under the Family Orders and Agreements Enforcement Assistance Act relating to the garnishment of designated federal monies for the purposes of family support obligations.
Specifically, the proposed regulations would designate two new income-related federal sources of funds under section 3 of the Act, including payments made by employers, monitors and trustees under the Wage Earner Protection Program (“WEPP”).
The regulations would further allow provincial enforcement services (such as the Ontario Family Responsibility Office) to serve the garnishee summons by way of electronic communications, which is already permitted in respect of a garnishment application under section 7 of the Act.
On February 22, 2011, the House resumed sitting.
On February 11, 2011, the Ontario government announced that the provincial minimum wage rate will remain fixed at $10.25 per hour in 2011.
The Ontario government published Form 1 (“Compliance Report”) to O. Reg. 6/11, which was made under the Public Sector Compensation to Protect Public Services Act, 2010 earlier this year.
As previously reported, O. Reg. 6/11 specifically prescribes mandatory Compliance Reports under section 13(1) of the Act.
On January 31, 2011, the House of Commons resumed sitting.
On January 17, 2011, the Ontario government filed O. Reg. 6/11 under the Public Sector Compensation to Protect Public Services Act, 2010.
The regulation specifically prescribes the following Compliance Reports, which are required to be given to the Minister under section 13(1) of the Act (Reports by employers):
A new Form 1 entitled “Compliance Report” will be available on the website of the Government of Ontario Central Forms Repository at www.forms.ssb.gov.on.ca under the listing for the Ministry of Finance.
The regulation is now in force and automatically revokes on May 2, 2012.
On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council.
As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal information by means of unauthorized access to computer systems, and the unauthorized compiling of lists of electronic addresses. A discussion of Bill C-28 can be found in our FTR Now of June 9, 2010.
There has been much discussion recently in the human resources world about a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, Bill 138, the Registered Human Resources Professionals Act, 2010, would create a more comprehensive legislative framework for the regulation of the human resources profession, and would provide the Human Resources Professionals Association (the “HRPA”) with broad powers of self-regulation.
On Thursday, December 16, 2010, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, January 31, 2011.
On December 9, 2010, the House adjourned for the winter break. It is scheduled to resume sitting on February 22, 2011.
On November 30, 2010, Bill 110, the Good Government Act, was reported to the House without amendments by the Standing Committee on General Government, and ordered for Third Reading.
As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.
On November 4, 2010, Bill 110, the Good Government Act, carried at Second Reading and was referred to the Standing Committee on General Government.
As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.
On October 25, 2010, Bill C-22, the Protecting Children From Online Sexual Exploitation Act, was reported to the House of Commons as amended by the Standing Committee on Justice and Human Rights.
As previously reported, Bill C-22 would impose a mandatory duty on "persons" (defined to include individuals, corporations, partnerships, unincorporated associations or organizations) providing an "internet service" (a service providing internet access, e-mail or Internet content hosting) to report child pornography in specific cases. This includes where the person has "reasonable grounds to believe" the internet service is being used for this purpose.
On October 20, 2010, the Ontario government introduced Bill 122, the Broader Public Sector Accountability Act, 2010. The proposed legislation is intended to impose new rules and higher accountability standards for the broader public sector around the use of external lobbyists, consultants and expenses.
The proposed legislation would apply to hospitals and Local Health Integration Networks ("LHINs"), as well as school boards, colleges, universities, hydro entities, community care access centres, Children's Aid Societies and other public sector organizations that receive more than $10 million in government funding.
Specifically, the legislation would, if passed:
On October 19, 2010, the Ontario government passed Bill 65, the Not-for-Profit Corporations Act, 2010.
As previously reported, the legislation is designed to modernize the legal framework in which not-for-profit corporations operate. The legislation will come into force on a date to be named by proclamation.
On Tuesday, October 5, 2010, the Ontario government introduced Bill 110, the Good Government Act, 2010, omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.
On September 30, 2010, the federal government announced plans to limit the Employment Insurance (“EI”) maximum premium rate increase for 2011 to five cents per $100 of insurable earnings, and ten cents per $100 of insurable earnings for subsequent years.
The rate increase is set by the Canada Employment Insurance Financing Board, which by November 14, 2010, could have raised premiums by the full legislative limit of 15 cents. However, with this announcement, the employee rate per $100 of insurable earnings can rise to no higher than $1.78, starting January 1, 2011, from the current rate of $1.73.
On September 20, 2010, the House of Commons resumed sitting.
On September 13, 2010, Bill 65, the Not-for-Profit Corporations Act, 2010, was reported as amended by the Standing Committee on Social Policy and Ordered for Third Reading.
As previously reported, the legislation is designed to modernize the legal framework in which not-for-profit corporations operate.
On Friday, September 10, 2010, Hicks Morley published a detailed overview of the "Integrated Accessibility Regulation Proposed Under the AODA" in an FTR Now, which is available on our website.
As previously reported, the proposed Integrated Accessibility Regulation was published by the Ontario government on September 2, 2010.
On September 13, 2010, the House resumed sitting.
On September 2, 2010, the Ontario government published the proposed integrated accessibility regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for public review and commentary.
As previously reported, the IAR initiative combines the information and communications, employment and transportation standards into a single, integrated regulation, intended to make them "more flexible" for business.
On August 18, 2010, the federal government published new regulations applicable to temporary foreign workers (“TFWs”) under the Immigration and Refugee Protection Act.
The Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) are designed to protect TFWs and minimize their exploitation by employers and third-party agents by amending the Immigration and Refugee Protection Regulations to impose stringent new guidelines and restrictions upon the employment of such workers by Canadian employers.
On Monday, July 12, 2010, Bill C-9, the Jobs And Economic Growth Act, received Royal Assent.
As previously reported, Bill C-9 was introduced on March 29, 2010 and is omnibus legislation that amends various Acts to implement certain key measures outlined in the federal government’s 2010 Budget.
Amendments to the Pension Benefits Standards Act (“PBSA”) setting out new solvency funding rules for federally-registered defined benefit plans are now in force (associated regulations were released on June 25, 2010).
On Thursday, June 17, 2010, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, September 20, 2010.
On June 15, 2010, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, came into effect.
As reported in our FTR Now of December 10, 2009, Bill 168 requires employers to develop policies and programs to address workplace violence and harassment and to assess the risk of violence in its workplace.
On May 18, 2010, Hicks Morley published Preventing Workplace Violence and Bill 168 – A Guide for Employers (.pdf). This Guide includes helpful resources and suggested policies designed to help employers comply with the Bill 168 amendments.
As previously reported, on May 25, 2010, the federal government introduced two Bills that if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act.
In our FTR Now of June 9. 2010, we summarize the major changes to PIPEDA outlined in both Bills and explain why these changes make it time for Canadian organizations to pay special attention to privacy protection and data security.
On June 3, 2010, the House adjourned for the summer. It is scheduled to resume sitting on Monday, September 13, 2010.
On June 3, 2010, Bill 68, the Open For Business Act, 2010, carried at Second Reading and was Ordered referred to the Standing Committee on Finance and Economic Affairs.
As previously reported, Bill 68 is omnibus legislation that would amend Ontario's Employment Standards Act, 2000 to allow the Director of Employment Standards to require claimants to provide specific information and let their employer know about their complaint before the claim is assigned to an officer; authorize employment standards officers to attempt settlements of complaints; and allow officers to make decisions on claims when parties fail to attend decision-making meetings or provide evidence on time.
On June 2, 2010, Bill 65, the Not-for-Profit Corporations Act, 2010, carried at Second Reading and was Ordered referred to the Standing Committee on Social Policy. As previously reported, the legislation is designed to modernize the legal framework in which not-for-profits operate.
On May 31, 2010, the government released Charles Beer's independent review of the Accessibility for Ontarians with Disabilities Act, 2005.
The government also announced that it is in the process of combining the information and communications, employment and transportation standards into a single, integrated regulation. This initiative is intended to make them "more flexible" for business. It further responds to some of Beer's recommendations regarding the need to harmonize the standards and avoid the "silo" effect that creates duplication, overlap and uncertainty.
On May 18, 2010, Bill 16, the Creating the Foundation for Jobs and Growth Act, 2010 carried at Third Reading and received Royal Assent. As previously reported, Bill 16 was reported as amended by the Standing Committee on Finance and Economic Affairs on May 6, 2010.
Originally introduced on March 26, 2010, the Bill is omnibus legislation amending various Acts intended to give effect to the initiatives outlined in its 2010 Budget. Each Schedule of the Bill should be consulted directly for coming into force information.
Of particular note to employers is Schedule 24, which enacts the Public Sector Compensation Restraint To Protect Public Services Act (“PSCRPPSA”) retroactively, effective March 25, 2010.
On May 17, 2010, the Ontario government introduced Bill 68, the Open For Business Act, 2010, omnibus legislation that would amend various acts, including the Employment Standards Act, 2000. If passed, these amendments would in part:
According to the government Backgrounder, these amendments are proposed in support of the Ministry of Labour's initiative to "advance fairness in the workplace and modernize its Employment Standards program", which include:
On May 12, 2010, the Ontario government introduced legislation designed to modernize the legal framework in which not-for-profits operate. If passed, Bill 65, the Not-for-Profit Corporations Act, would enhance corporate governance and accountability by providing a statutory duty of care for directors; provide specific protection from liability for directors; enhance member democracy by expanding member remedies to ensure directors are acting in the corporation's best interests; and increase transparency for financial information, access to records and when disciplinary action is contemplated against a member.
On May 6, 2010, the Federal government introduced Bill C-22, the Protecting Children From Online Sexual Exploitation Act, legislation that would impose mandatory duty on "persons" (defined to include individuals, corporations, partnerships, unincorporated associations or organizations) providing an "internet service" (internet access, e-mail or internet content hosting) to report child pornography in specific cases. This includes where the person has "reasonable grounds to believe" their internet service is being used for this purpose. In such cases, the duty to notify authorities comes with an obligation to preserve the "all computer-related data" within 21 days. Fines and offences range from $1,000 to $100,000 for repeat offenders.
As Hicks Morley partner Dan Michaluk blogs on slaw.ca, if passed, this legislation will add to duties embodied in the Child Pornography Reporting Act, 2008, provincial legislation passed in December of 2008 (not yet in force), which imposes duties that apply to “persons” writ large—not only to internet service providers. Bill C-22 specifies that a person who has reported information in compliance with an obligation to report child pornography under the laws of a province will be deemed to have reported in compliance with the provisions of Bill C-22.
On May 6, 2010, the Creating the Foundation for Jobs and Growth Act, 2010 (Bill 16) was reported as amended by the Standing Committee on Finance and Economic Affairs. Originally introduced on March 26, 2010, the Bill is omnibus legislation amending various Acts to give effect to the initiatives outlined in its 2010 Budget. Of particular note to employers is Schedule 24 of the Bill, which if passed, will enact the Public Sector Compensation Restraint To Protect Public Services Act (“PSCRPPSA”).
As we reported in our FTR Now of March 29, 2010, the PSCRPPSA would freeze wages (with certain specific exceptions) for defined and deemed employees at the rate they were on March 24, 2010 (excluding employer who receive less than $1 million funding from the province, municipalities or boards) until March 31, 2012.
On April 19, 2010, Bill C-9, the Jobs And Economic Growth Act, carried at Second Reading and was referred to the Finance Committee.
Introduced on March 29, 2010, Bill C-9 is omnibus legislation designed to amend various Acts and implement certain key measures outlined in the federal government’s 2010 Budget. In part, the Bill outlines proposed changes to ss. 122, 129(7) and 145-146 of the Canada Labour Code (Part II--Occupational Health And Safety, appeals/procedure).
A detailed discussion of the Federal Government’s 2010 Budget is available in our FTR Now of March 5, 2010.
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