A recent compliance and enforcement decision of the Canada Radio-television and Communications Commission (Decision 2017-368) under Canada’s Anti Spam legislation (Act) provides useful guidance for organizations seeking to rely on the Act’s “business-to-business” exclusion, or implied consent, to send commercial electronic messages (CEMs). It also has significant implications for any organization making representations to the…
Author: Hicks Morley
Deadline for Submissions on Exemptions under ESA Extended
As we previously reported, the Ontario government is seeking input on the following occupations currently exempted under the Employment Standards Act, 2000 (ESA): Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential Building Superintendents, Janitors and Caretakers The exclusion of domestic workers under the Labour Relations Act, 1995…
WSIB Rate Framework Policy Consultation Extended (Again)
As we previously reported, the Workplace Safety and Insurance Board launched a public consultation on draft policies for the new Rate Framework, which is scheduled to be implemented on January 1, 2020. In October 2017, the deadline for submissions for the Rate Framework Policy Consultation was extended to December 5, 2017. The deadline for submissions…
Bill 148 Receives Royal Assent
On November 27, 2017, Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. Many provisions of Bill 148 come into force on January 1, 2018, including the amendments to the Labour Relations Act, 1995. There are several exceptions to the general January 1, 2018 coming into force date for the Employment Standards Act,…
Court of Appeal Considers Continuity of Employment Where Employer Purchased Some Assets of Former Employer
In Krishnamoorthy v. Olympus Canada Inc., the Ontario Court of Appeal recently considered the issue of continuity of an employee’s employment following the sale of a business, and in particular, where the sale of business involves the acquisition of only some of the vendor company’s assets. The plaintiff, Krishnamoorthy, became employed with Carsen Group in…
Bill 148 Passes
On November 22, 2017, the Ontario government passed Bill 148, Fair Workplaces, Better Jobs Act, 2017, legislation that significantly changes workplace laws in Ontario. For more information, see our recent FTR Nows (which are best read in conjunction with one another): More Changes to Bill 148 after Second Committee Review (November 17, 2017) Big Changes…
Ontario Amends PBA and PRPP Regulations; Introduces Legislation Affecting Police Sector Asset Transfers
Annuity Purchases on Wind Up On November 3, 2017, O. Reg. 412/17, amending Regulation 909 (General) made under the Pension Benefits Act (PBA), was filed. As discussed in our FTR Now, Ontario’s Bill 70: The New Face of Pension Regulation Revealed, amendments will be made to the PBA requiring administrators appointed by the Superintendent of…
Federal Government Introduces Legislation to Prevent Workplace Harassment and Violence
On November 7, 2017, the federal government tabled Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, which, if passed, will amend the Canada Labour Code with respect to the prevention of workplace harassment and violence…
Supreme Court of Canada Affirms Management Rights Must Be Exercised Reasonably and Consistently with the Collective Agreement
It is critical for employers in the unionized context to remember that when creating policies or workplace rules as an exercise of management rights, the rule must constitute a reasonable “balancing of interests” and must be consistent with the collective agreement. In Association of Justice Counsel v. Canada (Attorney General), the Supreme Court of Canada…
Ontario Introduces Cannabis, Smoke-Free Ontario and Road Safety Legislation
On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 omnibus legislation which would, if passed, regulate the cultivation, sale, distribution and consumption of cannabis in Ontario, enact the Smoke-Free Ontario Act, 2017 and make amendments to the Highway Traffic Act relating to impairment by cannabis and road safety. Among other things, the Bill provides the provincial framework for the federal Bill C-45, Cannabis Act.