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.

One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious litigants. Since 2008, the HRTO has developed a body of jurisprudence which reflects how it will deal with litigants who fail to be respectful of the Tribunal’s processes. The new general rules of the SJTO cluster (which will apply to the HRTO) include specific rules regarding “Courtesy and Respect” and “Abuse of Process”.  Other new rules include some clarification about litigation guardians for minors as well as some further guidance on who may represent a party at an HRTO hearing.

The proposed new Rules are posted. Any comments on the proposed changes are invited by May 31, 2013.

As stated by the government, beginning in January 2014, firms which have at least five employees and which do not offer registered retirement savings plans or tax-free savings accounts for which payroll deductions could be made or provide no registered pension plans, would be given two years by Bill 39, if passed, to comply with the obligation to provide the VRSP to their employees. Eligible employees would then have the choice as to whether to join the VRSP. The VRSP would permit employees to choose or change their contribution rates, with the default rate being 2% on date of entry.

The VRSPs are the Québec version of the federal Pooled Registered Pension Plans (“PRPPs”). As previously reported, a VRSP bill (Bill 80) had been previously introduced but expired on the order paper with the calling of the Québec election in 2012.

As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.

Subsection 4(2) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to a board to be placed on a long-term occasional teachers list and the board shall grant the teacher an interview, subject to the conditions specified therein.

Clause 4(2)(b) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if the teacher has been on the board’s roster of occasional teachers for at least 10 months and “the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted.”

O. Reg. 148/13 came into force on May 8, 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.

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:

• require every federal employer that provides benefits under a long-term disability plan to its employees to insure the plan, on a go-forward basis, with an entity that is licensed to provide insurance under the laws of a province, subject to any prescribed exceptions; and

• increase the maximum fines for violations of the minimum standards established under Part III (Standard Hours, Wages, Vacations and Holidays) of the Code.

Among other things, the measures contained in the Budget of interest to employers include:  

• reaffirmation that the compensation restraint measures imposed by Part II.1 of the Broader Public Sector Accountability Act, 2010 are to remain in effect until the elimination of the deficit;
• a review of compensation practices for executives in the Broader Public Sector;
• commitments to consider possible “modest enhancements” to the CPP and to commence consultations regarding the viability of implementing Pooled Registered Pension Plans in Ontario;
• a review of the Court of Appeal for Ontario decision in Carrigan v. Carrigan Estate regarding spousal entitlements under the Pension Benefits Act;
  
• an intention to amend the pension benefit legislation to permit the transfer of assets from and/or conversion of a single employer pension plan (“SEPP”) to a jointly sponsored pension plan (“JSPP”);
• a proposed increase of the Employer Health Tax exemptions for small businesses, from $400,000 to $450,000;
• the establishment of a Minimum Wage Advisory Panel to review the minimum wage rates in Ontario; and
• additional funding to hire more officers and staff to enhance enforcement of the Employment Standards Act, 2000.

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.”

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:

• permit the revocation of a temporary foreign work permit where justified by public policy considerations;
• permit the Department of Human Resources and Skills Development to revoke or suspend a labour market opinion (“LMO”) or refuse to process a request for such an opinion where justified by public policy considerations;
• allow fees to be paid for rights and privileges conferred by means of a work permit; and
• exempt from the User Fees Act payment of a fee for the processing of an application for a temporary resident visa, work permit, study permit or extension of an authorization to remain in Canada as a temporary resident.

• a requirement that employers pay temporary foreign workers at the prevailing wage by removing the existing wage flexibility (which allowed payment of up to 15% below prevailing wage for higher skilled occupations);
• the temporary suspension of the Accelerated LMO process;
• adding questions to the LMO applications to ensure that the TFWP is not being used to facilitate the outsourcing of Canadian jobs; and
• identifying English and French as the only languages that can be used as a job requirement.

If passed, Bill C-60 would amend the Excise Tax Act (“ETA”) to implement the following changes that may be of interest to employers:

• the GST/HST rules regarding reporting of actual taxable supplies and deemed supplies to pension plans will be simplified to reduce the compliance burden for employers;
• the GST/HST exemption for publicly funded homemaker services will be expanded to include personal care services provided to individuals who require such assistance at home; and
• the ETA will be amended to clarify that reports, examinations and other services that are supplied for a non-health-care-related purpose do not qualify for the GST/HST exemption for basic health care services.

If passed, Bill C-60 would also amend the Financial Administration Act to give the government authority to direct that a Crown corporation, as defined, have its negotiating mandate for the purpose of entering into a collective agreement approved by the Treasury Board, among other things. 

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.