Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
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Manitoba Passes Private Sector Privacy Legislation
On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…
The Latest Word on Restrictive Covenants from the Supreme Court of Canada
The law on restrictive covenants is all about context. Restrictive covenants typically arise in a sale of a business agreement or an employment contract. If you are drafting a restrictive covenant or determining whether a covenant is enforceable, you must be aware of the context because the applicable legal principles vary based on the context….
Ontario Introduces Bill to Protect Students
On September 18, 2013, the Ontario government introduced Bill 103, Protecting Students Act, 2013. If passed, Bill 103 would amend the Ontario College of Teachers Act, 1996 (“Act”) and would, among other things: add definitions of “professional misconduct’ and “sexual misconduct” to the Act establish an investigation stage complaint resolution process and a disciplinary stage…
Government Announces Three-Year EI Premium Freeze
On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014. Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings. The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…
Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…
John Saunders Mentioned in Fire Fighting in Canada
Hicks Morley’s John Saunders was mentioned in the September 3, 2013 edition of Fire Fighting in Canada in an article entitled, “Police deserve higher pay than firefighters, report says.” The article discussed Deloitte’s job-evaluation report, presented by John Saunders at the City of London’s interest arbitration, which concluded that fire fighters do not deserve equal or…
Financial Services Tribunal Interprets the Accrued Benefit Protections of the Pensions Benefits Act (Ontario)
On August 15, 2013, the Ontario Financial Services Tribunal (“FST”) issued its decision in Royal Ontario Museum Curatorial Association v. Ontario (Superintendent Financial Services), concerning an amendment made to The Royal Ontario Museum Pension Plan (“Plan”). The Plan is a defined benefit (“DB”) pension plan. At issue before the FST was whether an amendment to…
OCA Upholds Termination Clause in Employment Contract
In a recent decision, Dimson v. KTI Kanatek Technologies Inc., the Court of Appeal for Ontario found that the termination provision in an employment contract was enforceable and did not violate the Employment Standards Act, 2000 (“ESA”). At issue were the following contract provisions: Section 18 (c) In addition, [the employer] may terminate this Agreement…