Amendments Made to Federal Occupational Health and Safety Regulations

The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…

Government Employees Compensation Act Third Party Claim Amendments in Force as of June 13, 2014

The federal government has fixed June 13, 2014 as the date that Division 20 of Part 4 of the Jobs, Growth and Long-term Prosperity Act (“Act”) comes into force.  Among other things, Division 20 of Part 4 of the Act amends the Government Employees Compensation Act (“GECA”) with respect to the administration of third party claims by…

Canada Labour Code Health and Safety Amendments to Come into Force on October 31, 2014

The federal government has fixed October 31, 2014 as the date that Division 5 of Part 3 of the federal Economic Action Plan 2013 Act, No. 2 will come into force. Division 5 of Part 3 of the Act amends the Canada Labour Code (“Code”) and makes consequential amendments to other statutes to align them with these changes….

CASL Regulations Amended

On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force.  The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…

CPP Regulations Amended to Define “Substantially Gainful” Occupation

On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…

Court of Appeal Reduces 24.5 Months’ Notice Granted to 70 Year Old Employee

In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…

Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook

In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…

2014 Spring Edition

FOCUS ON MINIMUM STANDARDS Minimum standards, maximum complications LEGAL DEVELOPMENTS Minimize your risk: mental stress and the WSIB Minimum standards changes – an update for federal and provincial employers PROFILE From the lab to labour law Download PDF

Ontario Amends “Letter of Credit” and BPS Solvency Funding Relief Regulations

On May 17, 2014, the Ontario government published regulatory amendments to Regulation 909 (General) under the Pension Benefits Act  that: clarify that for purposes of determining the total amount of all letters of credit (“LOC”) held in trust for the pension fund for inclusion in the solvency asset adjustment, the value of any special payments…