Human Resources Legislative Update

New Holiday Pay Provisions Now in Effect

As we reported in our January 2015 FTR Now, significant reforms to the general holiday pay provisions of Part III of the Canada Labour Code come into force effective March 16, 2015. Federally regulated employers are reminded that the amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements….

Case In Point

Supreme Court of Canada On Pregnancy and Parental Leave Top-Ups

The Supreme Court of Canada recently upheld a decision of a British Columbia arbitrator which had found that denying birth mothers entitlement to parental supplemental employment (“SEB” or “top-up”) benefits where they had received pregnancy SEB plan benefits was discriminatory. The issue before the arbitrator turned on an interpretation of the collective agreement in place…

Human Resources Legislative Update

Committee To Hold Public Hearings on ORPP Bill

The Standing Committee on Social Policy will hold public hearings in Toronto on Bill 56, the Ontario Retirement Pension Plan Act, 2015 (“ORPP Bill”) commencing March 23, 2015. Hearing dates will continue on March 24, March 30 and March 31, 2015. Interested persons who wish to be considered to make an oral presentation on Bill…

FTR Now

New BPS Compensation Restraint Law to Come Into Force March 16

The Ontario government’s new compensation restraint legislation – the Broader Public Sector Executive Compensation Act, 2014 (or "BPSECA") – will come into force on Monday, March 16, 2015. While the proclamation of the Lieutenant Governor has not yet been published in The Ontario Gazette, it is listed in the government’s online listing of proclamations and…

Human Resources Legislative Update

Ontario Releases Action Plan to Stop Sexual Violence and Harassment

On March 6, 2015, the Ontario government published It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, a targeted action plan (“Plan”) to address sexual violence and harassment in Ontario, in part through significant legislative reforms and sector-specific training initiatives. Among other things, the Plan will target sexual violence and harassment in…

News

CRTC issues $1.1 million penalty for 4 spamming violations under CASL

On March 5, 2015, the Chief Compliance and Enforcement Officer (“Officer”) at the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued a Notice of Violation – including a $1.1 million penalty – to Compu-Finder for contravening Canada’s new anti-spam legislation, CASL. Compu-Finder was responsible for 26% of all complaints submitted to the industry sector’s Spam Reporting…

Case In Point

Solicitor-Client Privilege Does Not Necessarily Arise Where Lawyer Copied on Internal HR Email

Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…

FTR Now

Ontario to Consult on Labour and Employment Reform

On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…

Human Resources Legislative Update

Ontario Publishes Review of AODA and Recommendations

On February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…

Human Resources Legislative Update

Ontario to Launch Public Consultations on Labour and Employment Legislation

On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…