On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…
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Federal Post – Third Edition
Along with the arrival of spring, we are pleased to bring you the first Federal Post edition of 2016, our newsletter designed exclusively for federally regulated employers…
Ontario Court Rules Putting Students First Act is Unconstitutional
The Ontario Superior Court of Justice declared the Putting Students First Act (PSFA) unconstitutional in its decision OPSEU v. Ontario. The PSFA was repealed in 2013 and the remedy for the constitutional breach has not yet been determined…
Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate
In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…
Countdown to ORPP: Ontario Tables New Implementation Legislation
Long-awaited Ontario Retirement Pension Plan (ORPP) legislation was introduced on Thursday, April 14, 2016, which, if passed in its present form, will provide the statutory framework and timeline for full ORPP implementation by January 1, 2020…
Ontario Safety Blitzes To Target Workplaces and Sectors with Vulnerable Workers
The Ontario Ministry of Labour has announced that it will do over 20 targeted blitzes at Ontario workplaces from May 2, 2016 to March 31, 2017. The Ministry will investigate potential violations of employment standards and occupational health and safety laws at targeted workplaces which include food services, retail stores, construction sites, mines and, in…
Ontario Passes Legislation Creating a Statutory Presumption of Work-Relatedness for First Responders Diagnosed with PTSD
On April 5, 2016, the Ontario government passed Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder) 2016, amending the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act. The Bill will come into force upon Royal Assent.
Ontario Passes PTSD Bill
On April 5, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed Third Reading as amended by the Standing Committee on Social Policy. As previously reported, Bill 163 amends the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation benefits to certain…
Federal Privacy Commissioner Weighs In Against Sharing Details of Employee Discipline
In a recently released decision summary, the Office of the Privacy Commissioner of Canada (OPC) held that a bank acted properly in deciding not to tell the victim of unauthorized access precisely how it had punished its offending employee (Employee). The victim, the complainant in this case, was a neighbour of the Employee who happened…
Federal Government Consults on PIPEDA Data Breach Regulations
On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…