Human Resources Legislative Update

New ESA Regulations Exempt Crown Employees from Hours of Work/Overtime Provisions of ESA; Reduce Penalties for Notices of Contravention

On October 24, 2018, the Ontario government filed two regulations made under the Employment Standards Act, 2000 (ESA). O. Reg. 448/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) to exempt Crown employees from the hours of work/eating periods and overtime provisions of the ESA. Specifically, the exemption applies…

Human Resources Legislative Update

Signs Required to be Posted under the Smoke-Free Ontario Act, 2017 Now Available on Government Website

Further to our FTR Now of October 18, 2018, Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force, the government of Ontario has now posted information regarding the new rules under the Act as well as the signs required to be posted by employers and others…

FTR Now

End of the Bill 148 Era: Ontario Bill to Reverse Employment and Labour Reforms

On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018 (Bill 47), new legislation that if passed in its present form would effectively “undo” many of the key changes to workplace laws implemented by Bill 148. The range of changes to the Employment Standards Act, 2000 (ESA)…

FTR Now

Ontario Introduces Legislation to Reverse Key Bill 148 Employment and Labour Reforms

On October 23, 2018, the Ontario government announced that it will be introducing proposed legislation today to repeal many of the significant employment and labour law reforms enacted by Bill 148 – including provisions with respect to equal pay, paid personal emergency (PEL) days, scheduling, card-based certification for certain industries and eliminating the requirement that employers provide unions with contact information for employees where they demonstrate that they have 20% support. Learn more in this FTR Now.

FTR Now

Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force

On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force. On the same date, the Smoke-Free Ontario Act, 2017 (SFOA) was also proclaimed into force, effective October 17, 2018. Learn more in this FTR Now.

Human Resources Legislative Update

Reminder: New Police Record Check Legislation in Force November 1, 2018

As we previously discussed, the Police Record Checks Reform Act, 2015 (Act) comes into force on November 1, 2018. Commencing on that date, police services in Ontario will offer three types of records checks: criminal record checks, criminal record and judicial matters checks and vulnerable sector checks. The types of information that are authorized for…

Human Resources Legislative Update

Committee Invites Public Submissions on Proposed Federal Accessibility Legislation – Due October 25, 2018

As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…

Case In Point

Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period

The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…

Human Resources Legislative Update

Reminder: Mandatory Data Breach Notification in Force on November 1, 2018

As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…