Industry: Retail & Wholesale Trade

New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges

· 1 min read

On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…

Ontario Safety Blitzes To Target Workplaces and Sectors with Vulnerable Workers

· 1 min read

The Ontario Ministry of Labour has announced that it will do over 20 targeted blitzes at Ontario workplaces from May 2, 2016 to March 31, 2017. The Ministry will investigate potential violations of employment standards and occupational health and safety laws at targeted workplaces which include food services, retail stores, construction sites, mines and, in…

Human Rights Tribunal Rules that Miscarriage is a Disability

· 2 min read

In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…

Federal Government Consults on PIPEDA Data Breach Regulations

· 2 min read

On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…

Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory

· 3 min read

The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.

Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings

· 2 min read

Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…

Ontario Proposes Regulatory Amendments to Prohibit Use of Medical Marijuana Vaporizers in Workplaces

· 1 min read

On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…