On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…
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New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…
Leaves to Help Families Act Passes Second Reading
On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…
The Latest Word on Restrictive Covenants from the Supreme Court of Canada
The law on restrictive covenants is all about context. Restrictive covenants typically arise in a sale of a business agreement or an employment contract. If you are drafting a restrictive covenant or determining whether a covenant is enforceable, you must be aware of the context because the applicable legal principles vary based on the context….
Regulatory Amendments made under Immunization of School Pupils Act
On September 18, 2013, two regulations were filed under the Immunization of School Pupils Act (“Act”). O. Reg. 260/13 amends Regulation 645 of R.R.O. 1990 (General). It includes, among other things, a requirement that schools provide reports containing records for each pupil in the school to the medical officer of health for the health unit…
Ontario Introduces Bill to Protect Students
On September 18, 2013, the Ontario government introduced Bill 103, Protecting Students Act, 2013. If passed, Bill 103 would amend the Ontario College of Teachers Act, 1996 (“Act”) and would, among other things: add definitions of “professional misconduct’ and “sexual misconduct” to the Act establish an investigation stage complaint resolution process and a disciplinary stage…
Raising the Bar – Sixth Edition
“There are far, far better things ahead than any we leave behind. “ C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…
Ontario Court Upholds Forfeiture-On-Resignation Provision of Equity Incentive Plan
In a decision released on September 12, 2013,[1] the Ontario Superior Court of Justice upheld the enforceability of a provision of an employer’s incentive compensation plan pursuant to which unmatured awards are forfeited upon an employee’s resignation. The Court held that the provision was a permissible loyalty incentive rather than an unlawful restraint on trade….
Parliament Prorogues until October 16th
Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today. The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne. As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…