WSIB Launches Public Consultation on Draft Policies for New Rate Framework

The Workplace Safety and Insurance Board (WSIB) has launched a public consultation on seven draft policies made in support of its new Rate Framework, which was approved by the WSIB Board of Directors in November 2016. The Rate Framework has a targeted implementation date of January 2019. Comments are invited on the following draft policies:…

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…

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…

Sexual Assault: When is an Employer Vicariously Liable?

In a recent decision, Ivic v. Lakovic, the Ontario Court of Appeal dismissed a claim against a taxi company whose driver allegedly sexually assaulted the appellant. The Court found that the alleged acts were only coincidentally connected to the taxi company and the company did not confer any power on the driver over the 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…