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…

Federal Court of Appeal Clarifies Employer Obligations to Investigate Workplace Violence Allegations under the Canada Labour Code

In a recent decision, Canada (Attorney General) v. Public Service Alliance of Canada, the Federal Court of Appeal upheld a decision of the Federal Court which clarified an employer’s obligation to appoint an impartial “competent person” to investigate complaints of workplace violence. The Canada Occupational Health and Safety Regulations (“Regulations”) require an employer to appoint…

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…

Ontario Passes Tips and Gratuities Bill

On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…