Registered Human Resources Professionals Bill Passes, Now in Force

On November 6, 2013, Bill 32, the Registered Human Resources Professionals Act, 2013, passed Third Reading and received Royal Assent, as amended by the Standing Committee on Regulations and Private Bills. The Committee amendments add “Certified Human Capital Professional” and “Certified Human Capital Leader” to the Designations in Table 1. As previously reported, Bill 32…

2014 EI Rates Set, Pension and Retirement Savings Limits Announced

Further to the federal government’s announcement in September, on November 2, 2013, HRSDC published a Resolution providing notice that the 2014 employment insurance (“EI”) premium rate for 2014 for residents of all provinces (with the exception of Québec) is maintained at $1.88 per $100 of insurable earnings. The 2014 EI premium rate for Québec residents is…

Supreme Court of Canada To Hear “Right to Strike” Case

In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…

2013 Federal Budget No. 2 (Bill C-4)

On October 22, 2013, the federal government introduced the Economic Action Plan 2013 Act, No. 2, omnibus legislation that would, if passed, implement measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. Budget Bill items of interest to employers, human resources professionals and pension plan administrators…

Ontario Court of Appeal Decision Underscores Importance of Properly Drafted Restrictive Covenants

A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…

Federal Government Announces Budget Bill No. 2

On October 22, 2013, the federal government announced the introduction of the Economic Action Plan 2013 Act, No. 2. The Bill would, if passed, implement key measures from Economic Action Plan 2013 (the Budget), as well as certain previously announced tax measures. Among other things, the Bill would: freeze Employment Insurance premium rates for three…

Supreme Court of Canada to Determine Whether Charter Protects Right to Strike

The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…

Ontario Introduces New Healthcare Legislation to Enhance Patient Care, Pharmacy Safety

On October 10, 2013, the Ontario government introduced Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013. If passed, this legislation would, among other things: amend the Drug and Pharmacies Regulation Act to allow premises associated with hospitals and health and custodial institutions to be considered “pharmacies” for the purposes of…

Nursing Act Amendment Comes into Force January, 2014

Effective January 1, 2014, section 4.5 of the Nursing Act, 1991 will come into force, adding “dispensing a drug” to the list of authorized acts a member, other than a member described in section 5.1 of the Act (“certain authorized nurses”), is conditionally authorized to perform in the course of engaging in the practice of…

Is Drinking and Driving Cause for Dismissal?

In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…