The Ontario Human Rights Commission (“OHRC”) recently posted a new policy directive entitled “Policy on Removing the “Canadian experience” barrier” which sets out the Commission’s position as follows: . . . a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The…
Business Operation: Ontario
OCA Affirms Termination Clause in Employment Contract Does Not Violate ESA
The Court of Appeal for Ontario has upheld a motion judge’s finding that a termination provision in an employment contract was not an attempt to contract out of the Employment Standards Act, 2000 (“ESA”). In Dimson v. KTI Kanatek Technologies Inc., the plaintiff had been terminated and in accordance with his employment contract, he was…
GM Benefits Plan Language Did Not Allow Reduction After Non-Executives’ Retirement; GM Plans Appeal
Justice Belobaba of the Ontario Superior Court of Justice has found that General Motors of Canada (“GMCL”) breached its contract with certain retired non-unionized salaried employees when it reduced their post-retirement health care and life insurance benefits. On this motion for partial summary judgment, the Court held that, in the reservation of rights (“ROR”) clause…
Long-Term Care Homes Act Regulatory Amendment Filed
On July 19, 2013, the Ontario government filed O. Reg. 218/13 amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007. O. Reg. 218/13 states a member of the registered nursing staff may permit a “nursing student”, a defined term, to administer drugs to residents under certain conditions. As previously reported, comments had…
Grievor’s Poor Performance in Modified Work Not Due to Disability, Employer Met its Duty to Accommodate
Arbitrator Jasbir Parmar has found that an employer met its duty to accommodate when it placed a grievor in a position that was within her physical restrictions and provided her with ample training. The fact her performance was inadequate in the position was not due to her disability, and it was appropriate for the employer…
WSIB Announces 2014 Premium Rates
On July 12, 2013, the WSIB announced that its premium rates for Schedule 1 employers will remain at current levels for 2014. The maximum insurable earnings ceiling for 2014 will be $84,100, an increase of 1.1% from $83,200 in 2013.
Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”
On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…
PBA Amendment Repealing Provisions Relating to Withdrawal of Locked-In Retirement Funds in Force January 1, 2014
Section 4 of Schedule 44 of the Strong Action for Ontario Act (Budget Measures), 2012 has been proclaimed into force effective January 1, 2014. Section 4 amends the Pension Benefits Act by repealing certain provisions relating to the Superintendent’s involvement in approving withdrawals from locked-in retirement savings arrangements. As previously reported, a supporting regulation to…
PBA Amendment Relating to Retroactivity of Certain Regulations Now in Force
Schedule 11 of the Prosperous and Fair Ontario Act (Budget Measures), 2013 has been proclaimed into force effective June 21, 2013. Among other things, Schedule 11 amends the Pension Benefits Act to add a provision allowing for the retroactive effect of regulations relating to the funding of a defined benefit pension plan by allowing a…
Federal Budget Bill Receives Royal Assent
On June 10, 2013, Bill C-60, Economic Action Plan 2013 Act, No. 1, passed Third Reading in the House of Commons. On June 25, 2013 it passed Third Reading in the Senate and on June 26, 2013 it received Royal Assent. As previously reported, Bill C-60 is omnibus legislation which will give effect to certain…