On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…
Industry: Mining & Natural Resources
BCCA Decision Affirms Clear Language Needed to Reserve Right to Change Retiree Benefits
A recent decision of the British Columbia Court of Appeal, Lacey v. Weyerhaeuser, considered an employer’s right to unilaterally change post-retirement benefits. Although the retiree benefits at issue in this case had been voluntarily instituted, it was found that the employer had represented that the retiree benefits would be maintained on and after retirement, and…
Ontario Introduces Bill 141, Infrastructure for Jobs and Prosperity Act
On November 26, 2013, the Ontario government introduced Bill 141, the Infrastructure for Jobs and Prosperity Act, 2013, at First Reading. If passed, this legislation would establish legislative and regulatory mechanisms intended to “encourage principled, evidence-based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment,…
Ontario Imposes Mandatory Health and Safety Awareness Training
On November 14, 2013, the Ontario government filed O. Reg. 297/13 Occupational Health and Safety Awareness and Training, a new regulation under the Occupational Health and Safety Act (“OHSA”) requiring employers to ensure workers and supervisors receive mandatory safety awareness training. In this FTR Now, we provide an overview of these new training obligations, and…
New Federal Graduated Late-Filing Penalty for Certain Employment-Related Tax Filings
On November 20, 2013, the federal government registered Regulations Amending the Income Tax Regulations (Late Filing Penalty – Prescribed Information Returns). The regulatory amendment relates to the government’s Budget 2009 and subsequent legislative initiative (via Budget Implementation Act, 2009 amendments) to provide for a “separate, less severe, graduated penalty that would be applicable where ‘prescribed’…
Supreme Court of Canada Denies Leave to Appeal in Reduction of Retiree Benefits Case
Today, the Supreme Court of Canada (“SCC”) denied leave to appeal from a decision of the British Columbia Court of Appeal (“BCCA”) in Lacey v. Weyerhaeuser Company Limited. The case concerned changes to certain post-retirement benefits for retired salaried employees (“Retirees”) of Weyerhaeuser Company Limited (“Weyerhaeuser”), and a predecessor company. At issue were fully-funded post-retirement…
Ontario Court of Appeal Upholds Malicious Prosecution Finding Against Municipality, Reduces Punitive Damages
In a cautionary tale for employers, the Court of Appeal for Ontario has upheld a lower court decision which found a Township guilty of malicious prosecution in its actions relating to a dismissed employee. The quantum of punitive damages awarded is also a stark reminder that employee terminations must be conducted in a fair and…
Planning a Safe Holiday Celebration
The holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
Mandatory OHSA Safety Awareness Training for Workers, Supervisors
On November 14, 2013, the Ontario government filed O. Reg. 297/13 (Occupational Health and Safety Awareness Training) under the Occupational Health and Safety Act, providing for mandatory occupational health and safety training for workers and supervisors, subject to certain exemptions. The regulation revokes O. Reg. 780/94 (Training Programs). Section 5 of the regulation (Certification Training),…
Update on Ontario’s Retirement Reforms and Initiatives
On Thursday, November 7, 2013, Ontario’s minority government released its economic outlook and fiscal review, titled Creating Jobs and Growing the Economy (the “Economic Outlook”). The Economic Outlook updates and also expands upon legislative and other reform initiatives that had previously been announced. In this FTR Now, we review the key retirement-related updates and developments…