Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…
Industry: Financial Services
New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations
Further to its election platform, on January 28, 2016, the federal government introduced 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. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…
Ontario Government Announces Additional ORPP Design Details
Editor’s Note: Following publication of this communication, the Ontario government announced that the first wave of ORPP implementation will be delayed by one year to January 1, 2018. Please be sure to read our FTR Now of February 17, 2016 for updated information on this significant development, or contact your regular Hicks Morley lawyer for…
Ontario Government Announces New ORPP Design Details
On January 26, 2016, the Ontario government announced new Ontario Retirement Pension Plan (“ORPP”) design details. Among other things, the announcement provides further clarity and guidance on the following issues of particular interest to employers: coverage, and in particular the definition of “employment in Ontario,” as well as application of the ORPP to non-residents and…
Workplace Law In Canada: A Primer
This Guide provides non-Canadians with an introduction to employment laws and regulations that affect businesses in Canada. It provides an overview of the main differences between Canadian and U.S. workplace laws. To obtain a copy please contact Knowledge Management.
New Mortality Tables in Effect for Ontario Commuted Value Calculations
On December 10, 2015, the Ontario government amended the Regulations under the Pension Benefits Act (“PBA”) to require pension plans to use the new mortality tables when calculating commuted values (“CVs”) for Ontario members. The use of the new mortality assumptions, which are found under section 3500 of the Actuarial Standards Board Standards of Practice…
Deadline for Filing Amendments Relating to British Columbia’s PBSA Reform Extended
Significant reforms to the Pension Benefits Standards Act (“PBSA”) in British Columbia came into force on September 30, 2015. Originally, amendments to plans registered in British Columbia which reflect the new legislative requirements had to be filed by December 31, 2015. This week the British Columbia Financial Institutions Commission announced that the filing deadline will be extended to March 31,…
“Tips and Gratuities” Reforms to the ESA Effective June 10, 2016
On December 10, 2015, Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities, received Royal Assent, and accordingly, its reforms to the Employment Standards Act, 2000 (“ESA”) will come into force on June 10, 2016 (i.e. 6 months after the Royal Assent date). As previously reported, the Bill 12…
Ontario Passes Workplace Law Reforms
On December 10, 2015, the Ontario government passed Bill 109, the Employment and Labour Statute Law Amendment Act, 2015 and Bill 144, the Budget Measures Act, 2015, two pieces of legislation that implement a number of reforms to various workplace laws. Among other things, Bill 109 amends: the labour relations provisions of the Fire Protection and Prevention Act, 1997 (“FPPA”) to incorporate…
Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status
In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…