Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…
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Ontario Introduces Legislation Tying Minimum Wage to CPI
Further to the Ontario government’s previously reported commitment to tie future minimum wage increases to the province’s Consumer Price Index, Bill 165, the Fair Minimum Wage Act, 2014 was introduced on February 26, 2014. Bill 165 would amend the Employment Standards Act, 2000 and create a new section 23.1, setting out a framework for the…
Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes
The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…
Ontario Introduces New Immigration Legislation
On February 19, 2014, the Ontario government introduced Bill 161, the Ontario Immigration Act, 2014, proposed legislation that would, if passed, create a new framework for the recruitment, selection and admission of skilled workers in the province, and establish a significant inspection, investigation and enforcement regime. Among other matters, Bill 161 provides for the establishment by…
Pension Asset Transfers Made Easier
Long-awaited amendments to the Ontario Pension Benefits Act (“PBA”) regarding the transfer of assets between pension plans became effective on January 1, 2014. New supporting Regulations under the PBA[1] (the “Asset Transfer Regulations”) also came into force on January 1, 2014. This FTR Now provides a high-level overview of the new asset transfer regime. The…
OHSA regulations amended – Diving Operations, Mines and Mining Plants
On February 14, 2014, the Ontario government filed the following Occupational Health and Safety Act regulations: O. Reg. 32/14 (Diving Operations), extensively amending various sections of O. Reg. 629/94; and O. Reg. 34/14 (Mines and Mining Plants), amending Regulation 854 of R.R.O. 1990 (now in force). O. Reg. 32/14 comes into force March 1, 2014.
British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation
Last month, the British Columbia Supreme Court (“BCSC” or “Court”) released the latest in a series of cases dealing with collective bargaining and the right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). This 683-paragraph decision follows a previous decision of the BCSC dated April…
OLRB comments on employer support and proper communications during raiding season
The Ontario Labour Relations Board (“OLRB” or “Board”) recently found that an employer did not collude with the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America (“Carpenters”) to displace the rights of the Universal Workers’ Union, Labourers’ International Union of North America, Local 183 (“Labourers”). Central to the issue was…
Proposed Amendment to CPP Regulations Defining “Substantially Gainful” Occupation
On February 15, 2014, the federal government published proposed Regulations Amending the Canada Pension Plan Regulations. If adopted, the proposed Regulations would prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan (“CPP”), one of the factors relevant to determining when a person is…
Ontario Files ESA Regulatory Amendment Implementing New Minimum Wage Effective June 1, 2014
As previously reported, Ontario’s minimum wage is increasing to $11 effective June 1, 2014. On February 14, 2014, the Ontario government filed O. Reg. 31/14 amending O. Reg. 285/01 made under the Employment Standards Act, 2000 (Exemptions, Special Rules and Establishment of Minimum Wage) to implement these changes.