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.
Industry: Professional & Technical Services
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…
Federal Budget 2014 Introduced
Today, the federal government tabled its Budget 2014, The Road to Balance: Creating Jobs and Opportunities (Economic Action Plan 2014), a brief summary of which is outlined in a Department of Finance news release. Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan…
New Roadmap for Summary Judgment Motions Developed by SCC
In a case involving the use of summary judgment motions (Hryniak v. Mauldin, 2014 SCC 7) , the Supreme Court of Canada discussed access to justice issues in providing courts with guidance on the test for such motions. It held that summary judgment rules must be “interpreted broadly, favouring proportionality and fair access to the…
Ontario Proposes “10% Rule” Exemption for U.S. Government Securities
On February 5, 2014, the Ontario government published proposed amendments to Regulation 909 under the Pension Benefits Act that would, if adopted, exempt investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to registered…
Ontario Minimum Wage Increasing to $11 on June 1, 2014
On January 30, 2014, the Ontario government announced that the general minimum wage will increase from $10.25 to $11 per hour, effective June 1, 2014. This regulatory change is intended to reflect the increase in the Consumer Price Index (“CPI”) since the last minimum wage increase, which occurred in 2010. A list of the new minimum…
Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal
Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…
Supreme Court Weighs in on Summary Judgment
Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…
Supreme Court of Canada Speaks on the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages
The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman“). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…
Federal Government Amends Temporary Foreign Worker Regulations
Further to the federal government’s Budget 2013 commitment, regulatory amendments under the Immigration and Refugee Protection Act were published on January 1, 2014. The Regulations Amending the Immigration and Refugee Protection Regulations (“Regulations”) implement a new compliance verification and enforcement regime, including enhanced Citizenship and Immigration Canada (“CIC”) and Employment and Social Development Canada (“ESDC,”…