The Winter 2018 issue of OMHRA’s ECHO newsletter features two articles by Hicks Morley lawyers Stephanie Jeronimo and Julia Nanos. “Bill 148 Is Now the Law – Make Sure You’re Prepared!” and “Revisiting the Boundaries Between Employee and Contractor Status”…
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Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause
The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…
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.
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.
The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details
On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…
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…
Colleges and Universities: Who is the Health Information Custodian under PHIPA?
This is a short note to our college and university clients – all of whom provide various services to their communities that are properly characterized as “health care” and therefore governed by the Personal Health Information Protection Act. Recent amendments to PHIPA give rise to questions about personal health information governance and the proper identity…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Human Rights Law
While Canada and the United States are alike in many respects, there are a few key differences in human rights law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.