On March 21, 2019, Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, was referred for Third Reading in the Ontario Legislature by the Standing Committee on General Government, with amendments. Bill 66 is omnibus legislation that, if passed, will amend the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA) and the Pension…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
1008 Results
Case In Point
A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…
School Board Update
Recent Developments of Note
· 11 min readOn March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.
Case In Point
The Ontario Superintendent of Financial Services (Superintendent) issued a Notice of Intended Decision (NOID) in late 2018 that considered whether vacation pay should be factored into a pension plan’s definition of pensionable earnings. The NOID indicates that, in the absence of clear exclusionary language, the Superintendent will interpret the phrase “base pay” to include vacation…
AODA Compliance Checklist
· 1 min readAll organizations in Ontario which employ at least one employee are required to comply with a series of requirements under the standards established by the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the regulations promulgated under it. In this Checklist, we provide a general overview of an organization’s AODA compliance obligations, along with checklists to assist you in assessing your degree of compliance and the anticipated timing for future compliance deadlines.
Case In Point
The Supreme Court of Canada has granted leave to appeal from a decision which considered long-term incentive plan entitlements as part of a constructive dismissal claim, and, in the dissent, the duty of good faith and honesty in the performance of employment contacts. In Ocean Nutrition Canada Ltd. v. Matthews, an employee resigned from employment…
Human Resources Legislative Update
On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…
Human Resources Legislative Update
The Ministry of Labour is proposing various amendments to Regulation 854 (Mines and Mining Plants) made under the Occupational Health and Safety Act (OHSA). Regulation 854 applies to all mines, mining plants, and mining development in Ontario. It sets out sector-specific requirements protecting the health and safety of workers. The Ministry has prepared a consultation…
Reaching Out
Reaching Out – Fourteenth Edition
· 16 min readDear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
Case In Point
In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….