One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
Publication Name: FTR Now
Federal Budget 2011
The Minister of Finance, the Honourable James M. Flaherty, tabled the Government of Canada’s 2011 Budget “A Low-Tax Plan for Jobs and Growth” in the House of Commons on March 22, 2011. In this FTR Now we review the key aspects of the Budget that are of most interest to employers and human resources professionals….
Legislature Expresses Interest in Government Presenting Mandatory Retirement Legislation for Firefighters
On March 10, 2011, a private member’s motion calling upon the Ontario government to introduce legislation allowing for the mandatory retirement of firefighters involved in fire suppression duties at age 60 was passed in the Legislature. While there is no indication at this time as to whether the government will propose such legislation, the motion…
Ontario to Amend Occupational Health and Safety Legislation
On March 3, 2011, the Ontario government introduced Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 (“Bill 160”). The proposed Bill 160 amendments, which are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety, would significantly amend the Occupational Health and Safety Act (“OHSA“)….
Remuneration of Office-Holders may not be Pensionable for CPP Purposes
In two recent cases – Real Estate Council of Alberta v. The Minister of National Revenue (“RECA”) and Her Majesty the Queen in Right of Ontario v. The Minister of National Revenue (“HMQ”) – the Tax Court of Canada (“TCC”) ruled, respectively, that attendance and per diem fees paid to persons holding an office were…
Pay Equity: The Implications of the Gender Wage Gap Program
The Ontario Pay Equity Office (PEO) recently launched its Gender Wage Gap Program. If you are an employer in the Ontario private or not-for-profit sectors, please continue reading this FTR Now, as the Program could have a significant impact on your organization. The Program is designed to measure the extent of gender wage gaps in…
Giving Accessibility the Green Light: Ontario Government Moves Forward With a Draft “Integrated Accessibility Standards” Regulation Under the AODA
The Ministry of Community and Social Services (the “Ministry”) has released for public comment the long-awaited draft Integrated Accessibility Standards regulation (the “Draft Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The 54-page Draft Regulation combines accessibility standards in three areas: information and communication, employment, and transportation. It…
Solvency Funding Relief Details for Broader Public Sector Released by Ontario Government
On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…
WSIB’s Work Reintegration Policies
The Workplace Safety and Insurance Board (WSIB) has implemented five new policies to replace the existing policies relating to early and safe return to work, re-employment and work transition (formerly Labour Market Re-entry (LMR)). The primary focus of these policies is to ensure that an injured worker returns to work with his or her employer….
Sovereign Immunity and The “Commercial Activity” Exception
Late last year, the Supreme Court of Canada ruled that Iraq could not rely on state immunity to bar the enforcement of an English judgment ordering Iraq to pay CAD$84 million to the Kuwait Airways Corporation. In Kuwait Airways Corp. v. Iraq [1], the Court determined that within the context of the dispute, Iraq was…