On June 21, 2018, Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent. Bill C-74 is omnibus legislation enacting some of the measures outlined in the 2018 Federal Budget. Among other things, it includes amendments to the following: Employment Insurance Act, to permanently implement the Working While on Claim pilot project; Canada…
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Coming Into Force Date of New Smoke-Free Ontario Act, 2017 Postponed
As we previously reported, the new Smoke-Free Ontario Act, 2017 (SFOA) was to come into force on July 1, 2018. That coming into force date has been postponed indefinitely to give the new government an opportunity to review the new regulations related to vaping…
Cannabis Act Regulations Now Available
The federal government has finalized the regulations in support of the Cannabis Act. They include: Cannabis Regulations Industrial Hemp Regulations Qualifications for Designation as Analyst Regulations (Cannabis) Regulations Amending and Repealing Certain Regulations Made under the Controlled Drugs and Substances Act Cannabis Act (Police Enforcement) Regulations The Cannabis Act comes into force on October 17,…
Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language
The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…
Must Exercise Termination Rights Under Independent Contractor Agreement in Good Faith, Appeal Court Rules
In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…
WSIB Rate Framework Policies Finalized
The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…
Cannabis Act in Force October 17, 2018
The federal government has announced October 17, 2018 as the date on which the Cannabis Act comes into force. The Act was passed by the Senate on June 19, 2018. For more information, see our FTR Now of June 20, 2018 “Cannabis Act In Force October 17, 2018: Preparing Your Workplace.” Editor’s Note: The Cannabis…
Cannabis Act In Force October 17, 2018: Preparing Your Workplace
On June 19, 2018, the Senate passed Bill C-45, the Cannabis Act (Federal Act), which legalizes the consumption of recreational cannabis across Canada. The federal government has announced October 17, 2018 as the date it comes into force. Learn more about the new legislation and next steps for employers in this FTR Now.
New Restrictions on Criminal Record Checks to Take Effect on November 1, 2018
The Ontario government has proclaimed November 1, 2018 as the date on which the Police Record Checks Reform Act, 2015 (Act) comes into force. The Act applies to persons who require a search to be conducted of police data bases to screen individuals for, among other things, the purpose of determining suitability for employment. It…
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.