As previously reported, amendments to the Employment Insurance Act were passed by the federal government on June 22, 2017 when Bill C-44, Budget Bill Implementation Act, 2017, No. 1 received Royal Assent. These amendments have been proclaimed into force effective December 3, 2017. The changes to the employment insurance (EI) regime, among other things, allow…
Author: Hicks Morley
Ontario Court Affirms Plaintiff’s Evidentiary Burden Under The Class Proceedings Act, 1992
In Bartholomew v. Coco Paving Inc. et al, the Ontario Superior Court recently rendered a helpful decision in dismissing a motion for certification of a proposed class action. The Court re-affirmed the evidentiary burden which must be met by a plaintiff in satisfying the four tests under sections 5(1)(b) through 5(1)(e) of the Class Proceedings…
Federal Government Introduces Changes to Canada Labour Code
On October 27, 2017, the federal government introduced Bill C-63, Budget Implementation Act, 2017, No. 2, its second budget implementation bill relating to Budget 2017. Budget implementation bills are a means for the government to follow through with the legislative changes required to bring budget commitments into effect. In addition to changes to the Income…
Ontario School Boards to Implement Care Plans for Students with Prevalent Medical Needs
On October 24, 2017, the Ontario government released a draft policy aimed at supporting students with prevalent medical conditions. Policy PPM 161- Supporting Children and Students with Prevalent Medical Conditions (Anaphylaxis, Asthma, Diabetes, and/or Epilepsy) in Schools, to be finalized in Winter 2018, will require school boards across Ontario to have individualized care plans in…
Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In
In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review
On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…
Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause
It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…
Ontario Proposes Amendments to ESA Regulations in Anticipation of Bill 148 and to Administrative Monetary Penalties under ESA, EPFN
On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….
WSIB Rate Framework Policy Consultation Extended
As we previously reported, the Workplace Safety and Insurance Board has launched a public consultation on draft policies for the new Rate Framework, which will be implemented on January 1, 2020. The deadline for submissions on the Rate Framework Policy Consultation has been extended from October 13, 2017 to December 5, 2017. Submissions can be…