Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…
Practice Area: Employment Law
New Regulation Gives Pharmacists Ability to Administer Flu Shots, Renew Prescriptions
On October 1, 2012, O. Reg. 302/12 made under the Pharmacy Act, 1991 was filed. The regulation amends O. Reg. 202/94 (General) by adding “Controlled Acts” provisions permitting, among other things: a pharmacist to administer the influenza vaccine to a patient five years or older in accordance with prescribed conditions; and a pharmacist or other…
EI Rates Set for 2013
On September 14, 2012, the 2013 employment insurance premium rate for residents of all provinces (with the exception of Québec) was set at $1.88 per $100 of insurable earnings by resolution of the Canada Employment Insurance Financing Board. The 2013 employment insurance premium rate for Québec residents was set at $1.52 per $100 of insurable…
Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Broader Public Sector
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
Ontario Releases Draft Compensation Restraint Legislation for Consultation
On September 26, 2012, the government announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”).
Court Pierces Corporate Veil in “Common Employer” Case
Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….
Federal Government Introduces Helping Families in Need Act
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act (“EI Act”) and the Canada Labour Code as follows: the EI Act will provide for a new specified sickness benefit for parents receiving EI parental…
Government Announces New Compensation Restraints
Earlier today, the Honourable Dwight Duncan, Ontario’s Minister of Finance, announced a series of new compensation restraints that will apply to government agencies, the Ontario Public Service and the Broader Public Sector. Among the highlights of the government’s announcement are: “Under the plan, executive pay would be permanently capped at no more than double the…
Leave to Appeal Sought in Freedom of Association Case
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
Family Caregiver Leave Bill Passes Second Reading, Referred to Committee
On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy. As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time,…