The Ontario government has announced that employers are now required to post a new workplace poster, “Health & Safety at Work – Prevention Starts Here,” pursuant to their obligations under the Occupational Health and Safety Act. This requirement will be enforced by Ministry of Labour inspectors beginning on October 1, 2012. The poster was developed…
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OHSA Designated Substances, Exposure Limits Regulations Amended
On June 12, 2012, the Ontario government filed two regulations under the Occupational Health and Safety Act. O. Reg. 148/12 (Designated Substances) adds “or to a physician designated by the Provincial Physician” to subsections 30(2) and 31(2) of O. Reg. 490/09, effective immediately. It further substitutes a new Table 1 (Exposure Limits) prescribing Agents and…
Changes to WSIB Insurance Fund to Come into Force January 2013
The Ontario government has proclaimed subsections 1(2), 2(2), 3(2) and 5(1) of Schedule 21 of the Helping Ontario Families and Managing Responsibly Act, 2010, which amends the Workplace Safety and Insurance Act, 1997, into force on January 1, 2013. Among other things, the amendments provide for changes to the Workplace Safety and Insurance Board’s insurance…
ESA Compliance Blitz to Target Temporary Workers, Agencies
Throughout June, July and August of 2012, the Ontario government will be conducting targeted inspections of temporary employee agencies across the province to ensure compliance with the Employment Standards Act, 2000. The blitz will focus on the following: minimum wage; vacation pay; public holidays, including time off and public holiday pay; and rules related to…
New WSIB Insurance Fund, Temporary Indexing Regulations Filed
On June 5, 2012, the Ontario government filed O. Reg 141/12 “Insurance Fund,” made under the Workplace Safety and Insurance Act (“Act”). In part, the regulation requires the Workplace Safety and Insurance Board (“WSIB”) to ensure the insurance fund meets the following sufficiency ratios by the following dates: 60 per cent on or before December…
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
Implementation of Key Ontario Pension Reform Measures is Imminent
On April 30, 2012 and May 3, 2012, the Ontario Ministry of Finance issued two separate draft regulations that propose changes to the general Regulation 909 under the Ontario Pension Benefits Act (the “PBA Regulations”). Together, these two draft regulations are referred to in this FTR Now as the “Draft Regulations.” As discussed in our…
Ontario WSIB Funding Changes Announced on Heels of Arthurs Report
On May 4, 2012, the Ontario government announced that it would file a new regulation under the Workplace Safety and Insurance Act, 1997, to require the insurance fund of the Workplace Safety and Insurance Board (“WSIB”) to reach sufficiency of 60 per cent funding in 2017, 80 per cent funding in 2022 and a full…
Overtime Eligibility Class Action Certification Motion Dismissed
On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
2012 Spring Edition
FOCUS ON ADMINISTRATIVE LAW Judicial review – different litigation, different strategies LEGAL DEVELOPMENTS Is your business ready for a labour disruption? Standards for judicial review continue to evolve PROFILE Litigation in the fast lane Download PDF