Ontario Legislative Assembly Resumes Sitting
On February 21, 2012, the House resumed sitting.
Drummond Commission Reports on Public Service Reform
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:
- 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
Mandatory Reporting of Internet Child Pornography Bill, Regulations Come Into Force (C-22)
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.
Filing Deadline Announced for AODA Customer Service Standards Accessibility Reports
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.
Federal Budget Implementation Bill Receives Royal Assent (C-13)
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.”
2012 EI Premium Rate Set
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.
Ontario Introduces Family Caregiver Leave
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:
- 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.
Bill C-13 at First Reading in the Senate
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.
Ontario Legislative Assembly Convenes to Elect Speaker
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.
Standing Committee Reports on the Federal Budget Bill (C-13)
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.
Federal Budget Implementation Bill Introduced (C-13)
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:
- 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;
House of Commons Adjourns until September 19, 2011
On Sunday June 26, 2011, the federal House of Commons adjourned until 11:00 a.m. (EDT) Monday, September 19, 2011.
"Publicly Funded Organization" Exclusions Designated Under BPS Act
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.
AODA Integrated Accessibility Standards Regulation Now Posted
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".
BPS Accountability "Perquisites" Provisions To Come Into Force
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.
Federal 2011 Budget (Post-Election) Introduced
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”.
AODA Integrated Accessibility Standards Regulation Released
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.
House of Commons Resumes Sitting
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.
Ontario Government Prorogues Until After Fall 2011 Election
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.
Ontario 2011 Budget Bill Receives Royal Assent
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.
Ontario 2011 Budget Bill Passes Third Reading as Amended
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).
Ontario 2011 Budget Bill Ordered for Third Reading
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".
Good Government Act Receives Royal Assent
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.
Ontario 2011 Budget Bill Introduced
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:
- amendments to the Pension Benefits Act, including technical amendments;
- amendments to the Broader Public Sector Accountabillity Act, 2010, requiring broader public sector organizations to issue directives regarding perquisites;
- significant Education Act amendments relating to school board agreements with qualified third-party providers with respect to before- and after-school extended day programs, among other matters; and
- amendments to the Freedom of Information and Protection of Privacy Act relating to disclosure of records containing information prepared by, or provided to, a hospital committee for the purpose of assessing or evaluating the quality of healthcare and directly related programs and services provided by the hospital.
We are reviewing Bill 173 and the Budget. An FTR Now discussing key highlights in further detail will be posted shortly on our website.
Ontario 2011 Budget Introduced
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:
- a general consolidation effort in respect of the broader public sector, including moving to "more coordinated bargaining in sectors where it is appropriate" and pursuing options for greater efficiencies in broader public sector pensions;
- proposed amendments to the Broader Public Sector Accountability Act, 2010;
- proposed amendments to the Education Act relating to trustee codes of conduct, agreements with qualified third-party providers with respect to before- and after-school programs on school sites and principal delegation powers under Part XIII of the Act (Behaviour, Discipline and Safety), among other matters;
- proposed amendments to the Freedom of Information and Protection of Privacy Act to support the development of quality improvement plans by hospitals mandated by the recently passed Excellent Care For All Act, 2010;
- a reduction of the Ontario Public Service by 1,500 positions between April 2012 and March 2014; and
- pending further amendments to the Pension Benefits Act.
We are in the process of reviewing the Budget. An FTR Now discussing the Budget’s highlights will be available shortly on our website.
Federal Parliament Dissolved; Writs of Election Issued
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.
Federal Mandatory Reporting of Internet Child Pornography Bill Receives Royal Assent
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.
Federal 2011 Budget Introduced
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:
- elimination of the mandatory retirement age for federally regulated employees
- volunteer firefighters tax credit
- anti-avoidance rules for RRSPs
- increase in EI premiums limited to 5 cents in 2011 and 10 cents for subsequent years
- restriction of "loopholes" relating to tax deferrals under individual pension plans
- extension of work-sharing agreements by up to 16 weeks
- enhancement of the Wage Earner Protection Program
- temporary Hiring Credit for Small Business
- enhancement of the Guaranteed Income Supplement
- extension of the Targeted Initiative for Older Workers
- review of existing rules for Employee Profit Sharing Plans
- expansion of Labour Canada’s Preventive Mediation Program.
Our FTR Now contains more detailed information on the Budget. (Note: it is unknown at this point whether the Budget will pass.)
- pholes” relating to tax deferrals under individual pension plans
Good Government Bill Passes Third Reading
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.
Registered Human Resources Professionals Bill Referred to Committee
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.
Proposed AODA Integrated Accessibility Regulation Posted For Public Comment
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:
- provide greater detail, including the definition of key terms;
- require accessibility plans to address both prevention and removal of barriers;
- increase accessibility requirements for websites; and
- increase alignment across requirements to facilitate the achievement of accessibility.
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.
New Federal Family Support Garnishment Regulations
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.
Ontario Legislative Assembly Resumes Sitting
On February 22, 2011, the House resumed sitting.
2011 Minimum Wage Rate Set at $10.25 Per Hour
On February 11, 2011, the Ontario government announced that the provincial minimum wage rate will remain fixed at $10.25 per hour in 2011.
"Compliance Report" under Wage Freeze Act Now Available
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.
House of Commons Resumes Sitting
On January 31, 2011, the House of Commons resumed sitting.
Compliance Reports Regulation Filed Under Wage Freeze Act
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 compliance report for the period beginning on the effective date for the employer and ending on March 31, 2011, which must be given to the Minister on or before May 1, 2011; and
- a compliance report for the period beginning on April 1, 2011 and ending on March 31, 2012, which must be given to the Minister on or before May 1, 2012.
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.
Bill C-28 Receives Royal Assent
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.
Bill 138 - Registered Human Resources Professionals Act, 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.
House of Commons Adjourns Until January 31, 2011
On Thursday, December 16, 2010, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, January 31, 2011.
Ontario Legislative Assembly Adjourns Until February 22, 2011
On December 9, 2010, the House adjourned for the winter break. It is scheduled to resume sitting on February 22, 2011.
Ontario's Good Government Bill Ordered for Third Reading
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.
Ontario's Good Government Bill Referred to Committee
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.
Federal Mandatory Reporting of Internet Child Pornography Bill Reported As Amended
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.
Ontario Introduces Accountability Legislation for Broader Public Sector
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:
- include strict compliance provisions that may impact hospital and LHIN executives' compensation;
- expand freedom of information legislation to cover hospitals;
- require hospitals and LHINs to post expenses of senior executives online; and
- require hospitals and LHINs to report annually on their use of consultants.
Ontario Passes Not-For-Profit Corporate Governance Legislation
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.
Ontario Introduces Good Government Act, 2010
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.
Federal Government to Set Limits On EI Premium Rate Increase for 2011
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.
House of Commons Resumes Sitting
On September 20, 2010, the House of Commons resumed sitting.
Ontario Not-For-Profit Corporate Governance Legislation Ordered for Third Reading
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.
Proposed Integrated Accessibility Regulation Under the AODA: FTR Now
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.
Ontario Legislative Assembly Resumes Sitting
On September 13, 2010, the House resumed sitting.
Ontario Proposes Integrated Accessibility Regulation Under AODA
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.
Federal Government Introduces New Temporary Foreign Worker Regulations
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.
Federal Budget Bill Receives Royal Assent
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).
House of Commons Adjourns Until September 20, 2010
On Thursday, June 17, 2010, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, September 20, 2010.
New Workplace Violence Amendments to Ontario's Occupational Health And Safety Act Take Effect
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.
FTR Now: Federal Legislation Introduced to Create "PIPEDA 2.0"
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.
Ontario Legislative Assembly Adjourns until September 13, 2010
On June 3, 2010, the House adjourned for the summer. It is scheduled to resume sitting on Monday, September 13, 2010.
Bill Amending Employment Standards Act, 2000 Passes at Second Reading, Sent to Committee
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.
Ontario Not-For-Profit Corporate Governance Legislation Passes Second Reading, Sent to Committee
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.
Ontario Releases Independent Review of AODA
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.
Ontario's Wage Freeze Bill Passes Third Reading, Receives Royal Assent
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.
New Legislation to Amend Employment Standards Act, 2000
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:
- allow the Director of Employment Standards to require claimants to provide specific information and let their employer know about their Employment Standards 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.
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:
- launching a task force in August 2010 to eliminate the backlog of 14,000 claims in two years;
- the new online severance pay decision tool for employers and employees; and
- the future launch of a termination of employment/temporary layoff tool that determines when a layoff becomes a termination, the termination date and any termination pay owing.
Ontario Legislation to Enhance Not-For-Profit Corporate Governance, Accountability
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.
Mandatory Reporting of Internet Child Pornography by "Persons" Providing an Internet Service
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.
Ontario's Wage Freeze Legislation Ordered for Third Reading
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.
Federal Budget Bill Carries at Second Reading, Sent to Committee
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.
