Following recent amendments to the Canada Labour Code, the federal Minister of Employment, Workforce Development and Labour has announced the creation of an expert panel tasked with the study of additional matters relating to the “changing nature of work.” This expert panel is to report back to the Minister by June 30, 2019 on the…
Author: Hicks Morley
Government Announces Consultation on Pay Transparency Reporting Requirements
On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…
Government Invites Comments on Proposed Amendments to Mines and Mining Plants Regulation under OHSA
The Ministry of Labour is proposing various amendments to Regulation 854 (Mines and Mining Plants) made under the Occupational Health and Safety Act (OHSA). Regulation 854 applies to all mines, mining plants, and mining development in Ontario. It sets out sector-specific requirements protecting the health and safety of workers. The Ministry has prepared a consultation…
Amendments to Complaints and Appeals Provisions of the Canada Labour Code to Come into Force on April 1, 2019
The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article…
Appellate Court Upholds Finding that Injured Worker who Returned to Full-Time Work Entitled to Receive 100% FEL Benefits to Age 65
In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….
Significant New Incident Reporting Requirement for Federally Regulated Financial Institutions
The Office of the Superintendent of Financial Institutions (OSFI) has recently issued an advisory of significance to federally regulated financial institutions (FRIFs). Beginning on March 31, 2019, FRFIs will be required to report material technology or cyber incidents to OSFI. An incident is defined as follows: a technology or cyber security incident is defined to…
Federal Court Finds Release Signed upon Termination Not a Bar to Unjust Dismissal Complaint
The Federal Court recently upheld a decision of an adjudicator made under the Canada Labour Code (Code) that an agreement and release signed by an employee whose employment with a bank was terminated did not act as a bar to her unjust dismissal application. The employee had received a lump sum payment and had released…
Appellate Court Considers Employment Issues Arising out of a Termination Post-Sale of Business
In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…
OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay
In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…
WSIB Issues New Policy on Medical Cannabis
The Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…