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…
Industry: Retail & Wholesale Trade
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…
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…
Manitoba Passes Private Sector Privacy Legislation
On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…
New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…
Leaves to Help Families Act Passes Second Reading
On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…
Court Weighs in on Mitigation and Returning to Work with Former Employer
The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
Parliament Prorogues until October 16th
Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today. The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne. As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…
Government Announces Three-Year EI Premium Freeze
On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014. Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings. The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…