As previously reported, the pension reforms in British Columbia will come into force on September 30, 2015. Amendments to plans registered in British Columbia which reflect the new legislative requirements must be filed by December 31, 2015. While likely to follow suit, the Ontario pension regulator, the Financial Services Commission of Ontario, has not yet…
Industry: Professional & Technical Services
Employment Standards Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…
Changes to the Federal Pension Investment Rules
In March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…
Ontario Begins Consultations on Labour and Employment Reform
On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…
B.C. Pension Reforms Effective September 30, 2015
Effective September 30, 2015, British Columbia’s new Pension Benefits Standards Act (“PBSA”) and supporting regulation, the Pension Benefits Standards Regulation (the “New Regulation”), will come into force, at last implementing key legislative changes originally passed by the British Columbia government in the spring of 2012. Plans must be administered to reflect the new legislative requirements…
2015 Spring Edition
FOCUS ON HUMAN RIGHTS All-pervasive: human rights in the workplace LEGAL DEVELOPMENTS Medical marijuana and the workplace: what’s your legal obligation? Preventing sexual harassment in the workplace PROFILE Diversity first Download PDF
(Yet Another) Ambiguous “ESA-only” Termination Provision Unenforceable
Another “ESA-only” termination provision in an employment contract has been found unenforceable by the Ontario Superior Court. In Howard v Benson Group, the Court decided that the termination provision providing only Employment Standards Act, 2000 (“ESA”) minimum entitlements was ambiguous; therefore, the common law applied and the plaintiff was entitled to reasonable notice of termination….
New ESA Compliance Obligations in Force May 20, 2015
Effective May 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA“) compliance obligations will come into force. These include new poster requirements and new powers for employment standards officers to order employer “self-audits.” In this FTR Now, we will review the new rules, and the impact that they will have on employers in Ontario….
Claim Against Employer Arising out of Social Event Allowed to Proceed
The decision of K.L. v. 1163957799 Quebec Inc. raises a caution for employers when planning social events. The employer hosted an unstructured evening social event at a water park where employees had unrestricted access to alcohol. The plaintiff brought an action against the employer and a supervisor as a result of an alleged sexual assault…
SCC Clarifies Test for Qualifying as an Expert Witness
Expert evidence has been a hot topic in Canadian law recently. Following this trend, in White Burgess Langille Inman v. Abbott and Haliburton Co., the Supreme Court of Canada considered the duty owed by an expert witness to the court to be independent, impartial and unbiased. The Court clarified that where an expert is “unable”…