On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…
Industry: Financial Services
Federal Government Releases Final Anti-Spam (CASL) Regulations
On December 4, 2013, the federal government published final Electronic Commerce Protection Regulations (“final ECP Regulations”) under Canada’s Anti-spam Legislation (“CASL”). As previously reported, CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). Earlier proposed regulations under CASL had been released for consultation in July, 2011, and again on January 5, 2013 with…
Ontario Introduces Bill 141, Infrastructure for Jobs and Prosperity Act
On November 26, 2013, the Ontario government introduced Bill 141, the Infrastructure for Jobs and Prosperity Act, 2013, at First Reading. If passed, this legislation would establish legislative and regulatory mechanisms intended to “encourage principled, evidence-based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment,…
New Federal Graduated Late-Filing Penalty for Certain Employment-Related Tax Filings
On November 20, 2013, the federal government registered Regulations Amending the Income Tax Regulations (Late Filing Penalty – Prescribed Information Returns). The regulatory amendment relates to the government’s Budget 2009 and subsequent legislative initiative (via Budget Implementation Act, 2009 amendments) to provide for a “separate, less severe, graduated penalty that would be applicable where ‘prescribed’…
Supreme Court of Canada Denies Leave to Appeal in Reduction of Retiree Benefits Case
Today, the Supreme Court of Canada (“SCC”) denied leave to appeal from a decision of the British Columbia Court of Appeal (“BCCA”) in Lacey v. Weyerhaeuser Company Limited. The case concerned changes to certain post-retirement benefits for retired salaried employees (“Retirees”) of Weyerhaeuser Company Limited (“Weyerhaeuser”), and a predecessor company. At issue were fully-funded post-retirement…
Ontario Court of Appeal Upholds Malicious Prosecution Finding Against Municipality, Reduces Punitive Damages
In a cautionary tale for employers, the Court of Appeal for Ontario has upheld a lower court decision which found a Township guilty of malicious prosecution in its actions relating to a dismissed employee. The quantum of punitive damages awarded is also a stark reminder that employee terminations must be conducted in a fair and…
Planning a Safe Holiday Celebration
The holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
Mandatory OHSA Safety Awareness Training for Workers, Supervisors
On November 14, 2013, the Ontario government filed O. Reg. 297/13 (Occupational Health and Safety Awareness Training) under the Occupational Health and Safety Act, providing for mandatory occupational health and safety training for workers and supervisors, subject to certain exemptions. The regulation revokes O. Reg. 780/94 (Training Programs). Section 5 of the regulation (Certification Training),…
Calf-Roping Fatality Case Ends in $275,000 Fine
The Alberta Court of Queen’s Bench has rendered a fine of $275,000 (including victim surcharge) against XI Technologies (“XI”) for its failure to ensure the safety of an employee who was fatally struck and injured while operating a faulty calf-roping machine which had been rented by the employer for use at a client event. This…
Federal Government Proposes Priority Hiring for Injured Veterans Act (C-11)
On November 7, 2013, the federal government introduced Bill C-11, the Priority Hiring for Injured Veterans Act. If passed, this legislation would amend the Public Service Employment Act to establish a priority appointment over all other persons for certain members of the Canadian Forces who are released for medical reasons attributable to service, and who…