FTR Now

Appreciate This: The New Test for Summary Judgment

The Ontario Court of Appeal has created a new test for granting summary judgment. The Court convened a rare five-judge panel and heard five cases together to provide “guidance” to lower courts, litigants and lawyers on the law of summary judgment. This process culminated in the recent decision, Combined Air Mechanical Services Inc. v. Flesch,…

Human Resources Legislative Update

Ontario Enhances Pension Benefits Guarantee Fund (“PBGF”)

On December 21, 2011, the Ontario government announced changes to the Pension Benefits Guarantee Fund (“PBGF”) that will become effective January 1, 2012. The enhancements to the PBGF were introduced with Phase II of Ontario’s pension reform and the passage of Bill 120, Securing Pension Benefits Now and for the Future Act, 2010, and are…

Human Resources Legislative Update

Filing Deadline Announced for AODA Customer Service Standards Accessibility Reports

On December 21, 2011, the Ontario government confirmed that private sector and not-for-profit organizations have until December 31, 2012 to file accessibility reports required under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) Customer Service Standards regulation. The government also prepared “tip sheets” to assist organizations in meeting the emergency response requirements under the…

Human Resources Legislative Update

Federal Budget Implementation Bill Receives Royal Assent (C-13)

On December 15, 2011, Bill C-13, Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. Bill C-13 is omnibus legislation designed to implement a number of measures proposed in its 2011 Budget, as outlined in our FTR Now of March 24, 2011, “Federal Budget 2011.”

FTR Now

Legislative Update – A New ESA Leave and Potential Changes to the Regulation Of the HR Profession

Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…

Human Resources Legislative Update

Federal Pooled Registered Pension Plan (“PRPP”) Income Tax Amendments Proposed

On December 14, 2011, the federal government released draft legislative proposals outlining proposed amendments to the Income Tax Act (“ITA”) and the Income Tax Regulations to facilitate the implementation of Pooled Registered Pension Plans (“PRPPs”) for public commentary. The proposed amendments would incorporate PRPPs into the existing ITA regime for registered retirement savings vehicles and…

Human Resources Legislative Update

2012 EI Premium Rate Set

On November 14, 2011, the Board of Directors of the Canada Employment Insurance Financing Board passed a resolution setting the 2012 Employment Insurance (“EI”) premium rate for residents of all provinces, with the exception of Quebec, at $1.83 per $100 of insurable earnings. The EI premium rate for Quebec residents has also been set, at…

School Board Update

School Board Update – Anti-Bullying Legislation Tabled in Ontario Legislature

Last week, both the Ontario government and the Progressive Conservatives tabled legislation to put in place measures to combat the problem of bullying in schools. The government’s version, Bill 13 (the Accepting Schools Act, 2011), and the Progressive Conservatives’ version, Bill 14 (the Anti-Bullying Act, 2011), have the same broad goals but have established some…

FTR Now

IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA

On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…

Human Resources Legislative Update

Ontario Introduces Family Caregiver Leave

On December 8, 2011, the Ontario government introduced Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011, legislation that, if passed, will amend the Employment Standards Act, 2000 to create Family Caregiver Leave, effective July 1, 2012. The initiative to provide eligible employees with up to eight weeks of job-protected unpaid leave was first…