On December 4, 2013, the federal government published final Electronic Commerce Protection Regulations (“final ECP Regulations”) under Canada’s Anti-spam Legislation (“CASL”). As previously reported, CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). Earlier proposed regulations under CASL had been released for consultation in July, 2011, and again on January 5, 2013 with…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Human Resources Legislative Update
Significant ESA, WSIA, OHSA, LRA Amendments Proposed (Bill 146, Stronger Workplaces for a Stronger Economy Act)
On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…
Human Resources Legislative Update
Bill 122 (School Boards Collective Bargaining Act) Passes Second Reading
On December 3, 2013, Bill 122, the School Boards Collective Bargaining Act, 2013 passed Second Reading debate and was ordered referred to the Standing Committee on the Legislative Assembly. As previously reported, Bill 122 would, if passed, amend the collective bargaining regime governing Ontario school boards and teachers.
Human Resources Legislative Update
Ontario Introduces Education Act amendments in New Child Care Oversight Bill
On December 3, 2013, the Ontario government introduced Bill 143, the Child Care Modernization Act, 2013, omnibus legislation that would, if passed, enact the Child Care and Early Years Act, 2013, amend the Education Act and the Early Childhood Educators Act, 2007, and repeal the Day Nurseries Act. The proposed amendments to the Education Act,…
News
BCCA Decision Affirms Clear Language Needed to Reserve Right to Change Retiree Benefits
A recent decision of the British Columbia Court of Appeal, Lacey v. Weyerhaeuser, considered an employer’s right to unilaterally change post-retirement benefits. Although the retiree benefits at issue in this case had been voluntarily instituted, it was found that the employer had represented that the retiree benefits would be maintained on and after retirement, and…
Human Resources Legislative Update
Ontario Introduces Bill 141, Infrastructure for Jobs and Prosperity Act
On November 26, 2013, the Ontario government introduced Bill 141, the Infrastructure for Jobs and Prosperity Act, 2013, at First Reading. If passed, this legislation would establish legislative and regulatory mechanisms intended to “encourage principled, evidence-based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment,…
FTR Now
Ontario Imposes Mandatory Health and Safety Awareness Training
On November 14, 2013, the Ontario government filed O. Reg. 297/13 Occupational Health and Safety Awareness and Training, a new regulation under the Occupational Health and Safety Act (“OHSA”) requiring employers to ensure workers and supervisors receive mandatory safety awareness training. In this FTR Now, we provide an overview of these new training obligations, and…
Human Resources Legislative Update
New Brunswick Introduces Public Service Pension Reform Bill
On November 19, 2013, the New Brunswick government introduced Bill 11, An Act Respecting Public Service Pensions, legislation that would, if passed, reform pensions for certain New Brunswick public sector employees. In particular, the proposed legislation provides for the conversion of the pension plan now governed by the Public Service Superannuation Act to a shared risk…
Human Resources Legislative Update
New Federal Graduated Late-Filing Penalty for Certain Employment-Related Tax Filings
On November 20, 2013, the federal government registered Regulations Amending the Income Tax Regulations (Late Filing Penalty – Prescribed Information Returns). The regulatory amendment relates to the government’s Budget 2009 and subsequent legislative initiative (via Budget Implementation Act, 2009 amendments) to provide for a “separate, less severe, graduated penalty that would be applicable where ‘prescribed’…
Case In Point
Supreme Court of Canada Denies Leave to Appeal in Reduction of Retiree Benefits Case
Today, the Supreme Court of Canada (“SCC”) denied leave to appeal from a decision of the British Columbia Court of Appeal (“BCCA”) in Lacey v. Weyerhaeuser Company Limited. The case concerned changes to certain post-retirement benefits for retired salaried employees (“Retirees”) of Weyerhaeuser Company Limited (“Weyerhaeuser”), and a predecessor company. At issue were fully-funded post-retirement…