Human Resources Legislative Update

PBA Regulatory Amendment Will Change Locked-In Retirement Fund Withdrawal Process

On June 20, 2013, the Ontario government filed O. Reg. 185/13 amending Regulation 909 (General) made under the Pension Benefits Act. As announced by the government, this amendment to Regulation 909 will permit individuals to apply to their financial institutions for financial hardship withdrawals of their locked-in retirement funds, rather than to the Superintendent of…

Human Resources Legislative Update

Time Period for Filing Solvency Funding Relief Reports Extended

On June 20, 2013, the Ontario government filed O. Reg. 186/13 amending O. Reg. 177/11 (as amended by O. Reg. 330/12) which amended Regulation 909 (General) made under the Pension Benefits Act. As previously reported, the definition of “solvency concerns” sets out the circumstances under which defined benefit pension plans are required to file annual actuarial…

Human Resources Legislative Update

Access to Information Act/Privacy Act Regulatory Amendments Update Schedules of Designated Investigative Bodies

On May 31, 2013, the federal government registered Regulations Amending the Access to Information Regulations made under the Access to Information Act. These Regulations amend Schedule I (Investigative Bodies) of the Access to Information Regulations to delete the names of investigative bodies that are no longer in existence and to replace the name of one…

Human Resources Legislative Update

Amendment to Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed

On June 19, 2013, the Ontario government filed O. Reg. 184/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. O. Reg.1/13, as amended, gives regulatory effect to the sick leave provisions in the various recent Memoranda of Understanding between the Ministry of Education and teachers’ federations….

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The Supreme Court of Canada Strikes Down Random Alcohol Testing Policy

On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…

Human Resources Legislative Update

Long-Term Care Homes Act Regulatory Amendment Proposed

The Ontario government has proposed a regulatory amendment to O. Reg. 79/10 made under the Long-Term Care Homes Act, 2007. The proposed amendment would permit nursing students to administer drugs in long-term care homes under the supervision of a registered nurse or registered practical nurse, in accordance with certain conditions. Any comments on the proposed…

Human Resources Legislative Update

Employment Standards Blitzes Announced for Ontario Workplaces

The Ontario Ministry of Labour has announced that it will conduct province-wide blitzes under the Employment Standards Act, 2000 (“Act”) as a proactive enforcement measure to ensure compliance with the Act. From May 2013 to August 2013, the blitzes will focus on vulnerable workers in certain sectors including manufacturing and distribution, construction and recreation. From October…

Human Resources Legislative Update

New Federal Regulations Proposed for Health and Safety Committees/Representatives

On June 8, 2013, the federal government published proposed Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (“Regulations”) made under the Canada Labour Code (“Code”). The proposed Regulations would replace the Safety and Health Committees and Representatives Regulations (“SHCRR”) to align the Regulations with amendments made to the Code in 2000, which…

Human Resources Legislative Update

Ontario Budget Bill Passes Third Reading, Legislature Adjourns

On June 11, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013 passed Third Reading on recorded division. As previously reported, Bill 65 is legislation which will give effect to certain initiatives contained in the Ontario Budget 2013. On the same date, the Ontario Legislature adjourned until September 9, 2013. Note: On June…