On November 14, 2017, the Ontario government introduced Bill 177, the Stronger, Fairer Ontario Act (Budget Measures), 2017 (Bill 177), omnibus legislation supporting key reforms outlined in the 2017 Ontario Economic Outlook and Fiscal Review (Fiscal Review), which was also released on that date.
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Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Employment Law
While Canada and the United States are alike in many respects, there are a few key differences in employment law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.
Ontario Introduces Cannabis, Smoke-Free Ontario and Road Safety Legislation
On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 omnibus legislation which would, if passed, regulate the cultivation, sale, distribution and consumption of cannabis in Ontario, enact the Smoke-Free Ontario Act, 2017 and make amendments to the Highway Traffic Act relating to impairment by cannabis and road safety. Among other things, the Bill provides the provincial framework for the federal Bill C-45, Cannabis Act.
Ontario Proposes Regulatory Amendment Under ESA Permitting PRPP Differentiation Based on Age
On October 23, 2017, the Ontario government published a proposed draft amendment to O. Reg. 286/01 made under the Employment Standards Act, 2000 (ESA) to create a new exemption for pooled registered pension plans (PRPPs) with respect to age-based differentiation in certain circumstances. Currently, the ESA prohibits employers from providing a pension plan that treats employees,…
Ontario Court Affirms Plaintiff’s Evidentiary Burden Under The Class Proceedings Act, 1992
In Bartholomew v. Coco Paving Inc. et al, the Ontario Superior Court recently rendered a helpful decision in dismissing a motion for certification of a proposed class action. The Court re-affirmed the evidentiary burden which must be met by a plaintiff in satisfying the four tests under sections 5(1)(b) through 5(1)(e) of the Class Proceedings…
Ontario Consulting on ESA Exemptions
On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause
It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…
Ontario Proposes Amendments to ESA Regulations in Anticipation of Bill 148 and to Administrative Monetary Penalties under ESA, EPFN
On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….
WSIB Issues Final Chronic Mental Stress Policy: What Employers Need to Know
Recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board (WSIB) has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers – read more for what you, as an employer, need to know..