On June 29, 2016, the Ontario government announced significant new initiatives intended to promote inclusivity and ensure equitable treatment of trans and non-binary gendered persons…
Author: Hicks Morley
New ESA Rules for Tips and Gratuities Now in Effect
Effective June 10, 2016, reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12…
Finalized Regulations Extend Temporary Solvency Funding Relief in Ontario
Effective July 1, 2016, amendments to Regulation 909 first proposed on…
Summer ESA and OHSA Inspection Blitzes to Focus on New and Young Workers
Among other recently announced initiatives, the Ministry of Labour is conducting two province-wide enforcement and prevention inspection blitzes…
Accrual of Service or Seniority Based on “Days Worked” is Not Discriminatory, Tribunal Rules
The Human Rights Tribunal of Ontario (HRTO) recently issued a decision of particular interest to employers with groups of employees who, although covered by a collective agreement, accrue service…
Ontario Passes Legislation to Reform Personal Health Information Privacy Laws
On May 18, 2016, significant legislative reforms to the Personal Health Information Protection Act, 2004 (PHIPA) and Quality of Care Information Protection Act, 2004 (QCIPA)…
Federal Reforms Introduced to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
On May 17, 2016, the federal government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act (CHRA). If passed, Bill C-16 would protect transgender and gender-diverse…
New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges
On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…
Human Rights Tribunal Rules that Miscarriage is a Disability
In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…
Federal Government Consults on PIPEDA Data Breach Regulations
On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…