Supreme Court of Canada Finds “Owners” of Construction Projects Are Employers under Ontario’s OHSA

On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…

Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…

New CRA Administrative Policy Will Affect Payroll Administration for Fully Remote Work Arrangements

In September 2023, the Canada Revenue Agency (CRA) published a new administrative policy that could impact the payroll deductions an employer must make in respect of employees who work fully remotely. The new policy will be effective January 1, 2024 and may require changes to the payroll tables applied to fully remote workers in 2024…

OSFI Releases Details on New Supervisory Framework

The Office of the Superintendent of Financial Institutions (OSFI) has released information on the renewal of its supervisory framework (Framework) for federally regulated financial institutions and pension plans. The new Framework is part of OSFI’s blueprint for transformation and is the first complete review of the Framework in almost 25 years. Purpose The Framework guides…

Ontario Bill 135, Convenient Care at Home Act, 2023 Consultation Released

The Ontario government has released a proposal for commentary on Bill 135, Convenient Care at Home Act, 2023 (Bill 135). Bill 135 would amend the Connecting Care Act, 2019 to establish Ontario Health atHome, an amalgamation of Ontario’s 14 Local Health Integration Networks (LHINs) into a single organization. Proposed Changes Based on the proposed changes…

Ontario Pension Plan Update: Ongoing Consultations of Interest

Ontario’s Ministry of Finance (Ministry) and the Financial Services Regulatory Authority (FSRA) have issued two separate consultations of interest to employers related to the design and governance of pension plans in Ontario. Consultations on “A Permanent Framework for Target Benefit Plans” The Ministry has published a second consultation paper regarding its proposed target benefit framework….

Arbitrator Finds Mandatory Vaccination Policy to Be Reasonable

Arbitrator Goodfellow recently released his decision in Central West Local Health Integration Network v. Canadian Union of Public Employees, Local 96. The issue before Arbitrator Goodfellow was the mandatory vaccination policy of two Local Health Integration Network (LHIN) employers—the Central West Local Health Integration Network and the Mississauga Halton Local Health Integration Network (collectively the…

Licensing Framework for Temporary Help Agencies and Recruiters Coming into Force

Bill 27, Working for Workers Act, 2021, amended the Employment Standards Act, 2000 (ESA) to introduce a new licensing regime for temporary help agencies (THAs) and recruiters that operate in Ontario. We reviewed Bill 27 in detail in previous editions of the FTR Now on October 26, 2021 and again on December 1, 2021. The…

Ontario Government Consultation on Permanent Framework for Target Benefit Plans

The Ontario government previously announced the launch of consultations on proposed regulations related to the implementation of a permanent legislative framework for target benefit multi-employer pension plans (MEPPs) in the province. The permanent framework would replace temporary funding regulations for Specified Multi-Employer Pension Plans (SOMEPPs) set to expire in 2024. The proposed framework will replace…