Sections 605 and 607 of the Jobs, Growth and Long-term Prosperity Act, which amend the Employment Insurance Act (“EI Act”) have been proclaimed into force effective January 6, 2013. Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations…
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SCC Grants Leave to Appeal in Freedom of Association/Collective Bargaining Case
On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…
New Brunswick Introduces Bill to Amend Pension Benefits Act
On December 11, 2012, Bill 20, An Act to Amend the Pension Benefits Act, received First Reading in the Legislative Assembly of New Brunswick. It received Second Reading on December 12, 2012. If passed, Bill 20 will, among other things, amend the Pension Benefits Act (“Act”) to make the following clarifications regarding shared risk pension…
Helping Families in Need Act Receives Royal Assent
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of…
Bill Requiring Disclosure of Information by Labour Organizations Passes Third Reading
On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require…
Helping Families in Need Act Awaiting Royal Assent
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…
Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013
As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…
Lauri Reesor Quoted in Canadian Lawyer Legal Feeds
Hicks Morley’s Lauri Reesor was quoted in the December 7, 2012 edition of Canadian Lawyer Legal Feeds. In an article entitled “Case law gap in age-related workplace discrimination,” Lauri comments on the difficulty of addressing workplace discrimination based on age-related disability. She emphasizes that encouraging older workers to retire may constitute discrimination however, once an…
An Aging Workforce and Hiring Practices
In a time where the workforce is aging, employers must ensure that their recruitment and interview processes involve objective criteria for assessing a job candidate’s qualifications, and do not discriminate against a candidate on the basis of age, either directly or indirectly. The jurisprudence of the Human Rights Tribunal of Ontario is clear that age…
Changes Made to the WSIB Appeals Process
On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…