The Ontario government has proclaimed subsections 1(2), 2(2), 3(2) and 5(1) of Schedule 21 of the Helping Ontario Families and Managing Responsibly Act, 2010, which amends the Workplace Safety and Insurance Act, 1997, into force on January 1, 2013. Among other things, the amendments provide for changes to the Workplace Safety and Insurance Board’s insurance…
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ESA Compliance Blitz to Target Temporary Workers, Agencies
Throughout June, July and August of 2012, the Ontario government will be conducting targeted inspections of temporary employee agencies across the province to ensure compliance with the Employment Standards Act, 2000. The blitz will focus on the following: minimum wage; vacation pay; public holidays, including time off and public holiday pay; and rules related to…
New WSIB Insurance Fund, Temporary Indexing Regulations Filed
On June 5, 2012, the Ontario government filed O. Reg 141/12 “Insurance Fund,” made under the Workplace Safety and Insurance Act (“Act”). In part, the regulation requires the Workplace Safety and Insurance Board (“WSIB”) to ensure the insurance fund meets the following sufficiency ratios by the following dates: 60 per cent on or before December…
Ontario Establishes New Class Size Limits
On June 4, 2012, the Ontario government filed a new class size regulation under the Education Act. O. Reg. 132/12 (Class Size) defines a number of terms, including: “class size” in relation to elementary and secondary schools; co-operative education class; course; cycle; instructional day; part-time; and transfer course. As outlined in the Ministry of Education’s…
Federal Pooled Registered Pension Plan (“PRPP”) Legislation Reported Back to House
On May 28, 2012, Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts was reported back as amended to the House of Commons following its consideration by the Standing Committee on Finance, and the House passed a motion concurring with the report. Third reading of Bill C-25…
School Bus Transportation Policy Deemed Discriminatory
A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
Small Biz Advisor Publishes an Article by Nadine Zacks
An article by Hicks Morley’s Nadine Zacks was published in the May 22, 2012 edition of Small Biz Advisor. In the article entitled, “Benefits for independent contractors: a legal perspective,” Nadine discusses the distinction between an independent contractor and an employee and the various factors the courts will consider in making this determination. View Article
Ontario Proposes Plan Administrator Disclosure Obligations, Proclamation Dates
On May 14, 2012, the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”), and further proposed a proclamation date of July 1, 2012 in respect of certain amendments to the Act. The regulatory amendments would specifically outline the information plan administrators are required to disclose, including: “prescribed…
Implementation of Key Ontario Pension Reform Measures is Imminent
On April 30, 2012 and May 3, 2012, the Ontario Ministry of Finance issued two separate draft regulations that propose changes to the general Regulation 909 under the Ontario Pension Benefits Act (the “PBA Regulations”). Together, these two draft regulations are referred to in this FTR Now as the “Draft Regulations.” As discussed in our…