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…

Case In Point

Court of Appeal for Ontario Upholds HRTO Finding of Racial Profiling, Clarifies Test Applicants Must Meet to Establish a Prima Facie Case of Discrimination

The Court of Appeal for Ontario has set aside a decision of the Divisional Court and upheld a decision of the Human Rights Tribunal of Ontario (“HRTO”) which found that race and colour were factors in a librarian’s decision to ask the applicants for identification when they were using a lawyers’ lounge operated by the…

Case In Point

Majority of SCC Finds Employer Exceeded its Management Rights in Implementing Random Alcohol Testing Policy

Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified. In the absence of evidence of an existing workplace alcohol use problem, it concluded that a dangerous workplace was not, on its own, reason…

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…

Human Resources Legislative Update

Amendment to PBA Solvency Funding Relief Regulation Adds Public Sector Plans

On June 10, 2013, the Ontario government filed O. Reg. 181/13, amending O. Reg. 178/11, (Solvency Funding Relief for Certain Public Sector Pension Plans) made under the Pension Benefits Act. Among other things, O. Reg. 181/13 revokes and substitutes Schedule 1, Public Sector Pension Plans Receiving Stage One Solvency Funding Relief, to add a number…

Human Resources Legislative Update

Ontario Budget Bill Referred to Committee

On June 5, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, carried on recorded division at Second Reading and was ordered referred to the Standing Committee on Finance and Economic Affairs. As previously reported, Bill 65 is legislation which, if passed, will give effect to certain initiatives contained in the Ontario Budget…

News

Written Notice of Termination Upheld Where Employees Could Not Work during Notice Period

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…

Human Resources Legislative Update

Provisions of Helping Families in Need Act Proclaimed Into Force

The federal government has fixed June 9, 2013 as the day subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force. These sections amend the Canada Labour Code to provide an unpaid leave to an eligible federally regulated employee whose child…