Human Resources Legislative Update

Bill Requiring Disclosure of Information by Labour Organizations Passes Third Reading

On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require…

Human Resources Legislative Update

Helping Families in Need Act Awaiting Royal Assent

On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…

Human Resources Legislative Update

Amendments to Federal Political Activities Regulations Registered

On November 14, 2012, Regulations Amending the Political Activities Regulations made under the Public Service Employment Act were registered. The amendments are intended to facilitate the application of the Political Activities Regulations and to clarify certain provisions of those Regulations.

Human Resources Legislative Update

Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013

As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…

Case In Point

Are Decisions of Private Schools Subject to Judicial Review? Does it Matter?

In the recent decision Setia v. Appleby College, a student at Appleby College, a private school in Oakville, was expelled “after he admitted to smoking marijuana in a friend’s dormitory the night before the final day of his sixth and final year at Appleby College.” The boy’s mother attempted to contact the principal, but “was…

FTR Now

The Federal Contractors Program: What Employers Need to Know

While human rights legislation in all Canadian jurisdictions prohibits discriminatory hiring practices, only the federal government has legislation, the Employment Equity Act, which requires employers to engage in a review of their employment and hiring practices to ensure the diversity of their workforces. The Employment Equity Act, however, only applies to that subset of employers…

Human Resources Legislative Update

Federal Budget Bill (C-45) Passes Third Reading

On December 5, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Third Reading in the House of Commons and will proceed to the Senate for debate. As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For…

Human Resources Legislative Update

Third Window for BPS Solvency Funding Relief Proposed

On December 5, 2012, the Ontario government posted a regulatory proposal regarding amendments to O. Reg. 178/11 (Solvency Funding Relief for Certain Public Sector Pension Plans), made under the Pension Benefits Act. Comments on the proposal are due by January 20, 2013. Under the proposal, the third and final window for solvency funding relief for…

News

An Aging Workforce and Hiring Practices

In a time where the workforce is aging, employers must ensure that their recruitment and interview processes involve objective criteria for assessing a job candidate’s qualifications, and do not discriminate against a candidate on the basis of age, either directly or indirectly. The jurisprudence of the Human Rights Tribunal of Ontario is clear that age…

News

OLRB Considers Legitimacy of Subcontractor Relationship

The Ontario Labour Relations Board recently exercised its discretion under section 1(4) of the Labour Relations Act, 1995 and dismissed a related employer application without a hearing. The union, which had exercised its bargaining rights with a subcontractor, alleged that the principle of that subcontractor was a “ghost at the bargaining table” and was in…