On November 30, 2011, the Ontario government tabled Bill 13, the Accepting Schools Act, 2011, legislation intended to address the issue of bullying in schools. This Bill, if passed, would amend the Education Act to include, among other things: a definition of bullying; a requirement that school boards implement policies promoting positive school environments that…
Practice Area: Workplace Safety & Insurance
Human Rights Tribunal is not a Judicial Review Body
The Supreme Court of Canada has issued a significant decision limiting the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding. In British Columbia (Workers’ Compensation Board) v. Figliola, the Supreme Court considered whether the British Columbia Human Rights Tribunal had jurisdiction to hear a matter that…
Blue Mountain Required to Report Non-Worker Injury
A recent decision of the Divisional Court confirms that employers and contractors are required to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry of Labour, regardless of whether workers were present at the time of the occurrence. In this FTR Now we consider this decision and what…
WSIB’s Work Reintegration Policies
The Workplace Safety and Insurance Board (WSIB) has implemented five new policies to replace the existing policies relating to early and safe return to work, re-employment and work transition (formerly Labour Market Re-entry (LMR)). The primary focus of these policies is to ensure that an injured worker returns to work with his or her employer….
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
WSIB Changes Its Practice on the Payment of Loss of Earnings Benefits
Effective December 7, 2009, the Ontario Workplace Safety and Insurance Board (“WSIB”) changed its operational practice of paying loss of earnings (“LOE”) benefits even when a worker is no longer in the workforce and has no loss of earnings. This change in practice followed a series of successful employer challenges argued by Hicks Morley lawyers…
Ontario Government Passes Workplace Violence Legislation
On December 9, 2009, the Ontario Legislature passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. Bill 168 will come into effect on June 15, 2010. Bill 168, which requires employers to develop policies to address workplace violence and harassment and to assess the risk of violence…
Firefighters’ Presumptive Legislation Now Applies To Volunteers
Effective November 4, 2009, the Ontario Government has expanded its presumptive occupational disease coverage legislation for firefighters to volunteer and part-time firefighters and to fire inspectors. This coverage will apply on the same terms and for the same diseases, in accordance with the Workplace Safety and Insurance Act (“WSIA”). This change will have very significant…
WSIB Launches SIEF Pilot Project
On September 21, 2009, the Workplace Safety and Insurance Board (“WSIB”) launched a pilot project implementing important new changes to the way it administers its Second Injury and Enhancement Fund (“SIEF”). In this FTR Now, we discuss the new SIEF administrative process. SIEF POLICY SIEF was established to provide cost relief to employers where a…