An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….
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Employers Take Note: New ESA Poster Published by the Ministry of Labour
In light of the changes to the Employment Standards Act, 2000 (ESA) brought about by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, the Ministry of Labour has published a revised version of the ESA poster (Version 7.0) which is required to be posted by employers in a conspicuous place…
Planning to Give Notice of Mass Termination under the ESA? What Employers Should Know
In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.
Changes to the WSIB’s Annual Indexing: Are You Prepared?
Effective January 1, 2018, the Workplace Safety and Insurance Board (WSIB) will utilize a single indexing factor to calculate the annual adjustment to all indexed benefits and the legislated amounts as a result of recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA). To support the implementation of these changes, the WSIB has developed a new policy (18-01-14 Annual Indexing) and revised several existing benefit payment policies. Learn more in this FTR Now.
Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications
There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…
Supporting Regulations to Bill 148 Now Available
On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1. O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…
Bill 177 Receives Royal Assent, Amends WSIA, OHSA, PBA and BPSECA
On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…
Ontario Announces Intention to Add Nurses as First Responders for Purpose of WSIB PTSD Presumption
On December 6, 2017, the Ontario Ministry of Labour announced that it intends to add nurses who provide direct patient care to the list of “first responders” who benefit from a presumption of work-relatedness if they develop post-traumatic stress disorder (PTSD). The change is aimed at expediting front-line nurses’ access to benefits and timely treatment…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Privacy Law
While Canada and the United States are alike in many respects, there are a few key differences in privacy law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
Omnibus Healthcare Bill Passed
On December 12, 2017, Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, received Royal Assent. As previously reported, Bill 160 is omnibus legislation which addresses the delivery of healthcare services in Ontario. It enacts the Health Sector Payment Transparency Act, 2017, Medical Radiation and Imaging Technology Act, 2017 and Oversight of Health Facilities…