Addressing the Retirement System “Gap”: PRPPs Now Available in Ontario

In 2012, the federal government introduced a new type of tax-preferential workplace pension plan, the Pooled Registered Pension Plan (PRPP). Ontario is one of six Canadian provinces to have incorporated PRPP legislation into its existing provincial retirement framework, through the implementation of legislation last Fall. In this FTR Now, we explain the key features of…

Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning

The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…

Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations

On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…

Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression

Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…

Bill 148 and the ESA – Changes are on the Horizon for Ontario Employers

On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), its highly anticipated response to the Final Report from the Changing Workplaces Review. If passed, Bill 148 would introduce a range of changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995…

Ontario Proposes Legislative Overhaul of Labour Relations Act, 1995 in Bill 148 – Are you Prepared?

The provincial government has wasted little time in responding to the Final Report of the Special Advisors under Ontario’s Changing Workplaces Review (Final Report). On June 1, 2017, the government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation that if passed, will implement significant reforms to both the Employment Standards Act, 2000…