One of the most significant challenges facing employers today involves identifying, managing and accommodating mental health and addiction issues in the workplace. In June 2014, the Ontario Human Rights Commission (“the Commission”) issued a new policy dealing with this issue. The new policy, entitled Policy on preventing discrimination based on mental health disabilities and addictions,…
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Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, identified in the government’s press release would, among other matters: authorize the government to directly control compensation of senior executives in the BPS by…
Education Act Regulatory Amendments Filed (Full Day Junior Kindergarten/Kindergarten and Extended Day/Third Party Programs)
O. Reg. 137/14 (Full Day Junior Kindergarten and Kindergarten), amending O. Reg. 224/10 made under the Education Act, was filed on June 26, 2014. O. Reg. 137/14 adds a definition of “French immersion” and sets out specific circumstances in which a board is not required to operate full day junior kindergarten or full day kindergarten. O….
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….
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…
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…
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…
Supreme Court Finds Control and Dependency Will Determine if an Employment Relationship Exists
On May 22, 2014, the Supreme Court of Canada issued a significant employment law decision in McCormick v. Fasken Martineau DuMoulin LLP. In this case, the Court found that an equity partner of a law firm was not an employee for the purposes of the British Columbia Human Rights Code. However, the Court also stated…
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