Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)

Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…

WSIB Launches Public Consultation on Draft Policies for New Rate Framework

The Workplace Safety and Insurance Board (WSIB) has launched a public consultation on seven draft policies made in support of its new Rate Framework, which was approved by the WSIB Board of Directors in November 2016. The Rate Framework has a targeted implementation date of January 2019. Comments are invited on the following draft policies:…

Addressing the Retirement System “Gap”: PRPPs Now Available in Ontario

In 2012, the federal government introduced a new type of tax-preferential workplace pension plan, the Pooled Registered Pension Plan (PRPP). Ontario is one of six Canadian provinces to have incorporated PRPP legislation into its existing provincial retirement framework, through the implementation of legislation last Fall. In this FTR Now, we explain the key features of…

Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations

On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…

Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression

Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…

Executive Compensation for Ontario BPS Organizations – A Summary of Recent Changes

On June 8 and 9, 2017, the Ontario government made a series of significant changes to the BPSECA Executive Compensation Framework. The changes include amendments to the content required of compensation programs, the timing of the development of those programs, and the process organizations must follow to implement their compensation programs…

Ontario Government Amends Executive Compensation Regulation

On June 8, 2017, the Ontario government filed O. Reg. 187/17 which amends the “Executive Compensation Framework” regulation (O. Reg. 304/16) made under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA). On June 9th the government issued a new Broader Public Sector Executive Compensation Program Directive and amended the existing Broader Public Sector Executive…