Effective June 13, 2019, corporations that are subject to the Canada Business Corporations Act must maintain and provide access to a register of individuals who, directly or indirectly, have “significant control” over the corporation.
Industry: Retail & Wholesale Trade
Ontario Proposes Increase to Hours for Unionized Employees Under ESA Overtime Averaging Agreements
On June 19, 2019, the government published two regulatory proposals which relate to the Employment Standards Act, 2000 (ESA) and for which the government is inviting feedback by August 5, 2019.
Ontario Health and Safety Regulations Amended
On June 10, 2019, the Ontario government filed a number of amendments to regulations made under the Occupational Health and Safety Act. O. Reg. 186/19 replaces the “Equivalency” provision of Regulation 851 (Industrial Establishments) with a new provision entitled “Alternative methods and materials.” It now requires employers to provide written notice to the joint health…
Ontario Clarifies DB Funding Reforms under the Pension Benefits Act
On May 21, 2019, the Ontario government filed Regulation 105/19 amending Regulation 909 (General Regulation) under the Pension Benefits Act (PBA). The amendments mainly relate to clarifying elements of the defined benefit (DB) funding rules that took effect on May 1, 2018. Many of the new clarifications have been requested by the pension industry over…
Ontario Budget Bill (Bill 100) Passes
As previously reported, on April 11, 2019, the Ontario government released its 2019 Budget and introduced Bill 100, Protecting What Matters Most Act (Budget Measures), 2019. Bill 100 received Royal Assent on May 29, 2019. Of particular interest to employers and human resource professionals are the amendments made to the following statutes: Public Sector Labour…
Appellate Court Considers Sale of Business and Duty to Mitigate
In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
The End of Health and Welfare Trusts: Proposed Amendments to the Income Tax Act (Canada)
On May 27, 2019, the federal Department of Finance announced proposed amendments to the Income Tax Act (Canada) (ITA), to facilitate the conversion of existing Health and Welfare Trusts (HWTs) into Employee Life and Health Trusts (ELHTs), and to improve the existing ELHT rules. Comments on the proposed ITA amendments are invited by July 31, 2019…
Yours to Discover: 10 Tips for Navigating the Documentary Discovery Process
In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.
Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered
In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…
Proposed Violence and Harassment Regulations Open for Comment
On April 27, 2019, the government of Canada published proposed regulations for comment concerning harassment and violence prevention in the workplace.