Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…
Publication Name: Human Resources Legislative Update
IPC Provides Important Guidance on New PHIPA Annual Reporting Obligations
Organizations which provide healthcare and are governed by the Personal Health Information Protection Act (PHIPA) should note that recent amendments to PHIPA require health information custodians (HICs) to file an annual report disclosing all security incidents involving theft, loss and unauthorized use or disclosure of personal health information to the Information and Privacy Commissioner. At…
The Right to Be Forgotten Comes to Canada
On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…
Ontario Seeks Comments on Proposed New Funding Rules for PBGF Assessments
Much anticipated proposed regulatory amendments respecting the formula for calculating Pension Benefits Guarantee Fund (PBGF) assessments were published by the Ontario government on January 19, 2018 (Proposed Regulations). With unproclaimed amendments to the Pension Benefits Act (Ontario) set to enhance PBGF protection by increasing the guarantee from $1,000/month to $1,500/month, the proposed changes to the PBGF assessment formula are intended to maintain the viability of the PBGF.
Reminder: Universities and Colleges to Have Student-Specific Sexual Violence Policies in Place by January 1, 2017
On January 1, 2017, amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 made by Bill 132 (Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015) come into force…
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Protecting Students Act Passes Third Reading
On November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading…
Post-Retirement Benefits Changes Affecting Members of the Ontario Public Service
On November 11, 2016 the government of Ontario and the Ontario Public Service Employees Union (OPSEU) reached an agreement regarding post-retirement benefits (PRBs) for members of the OPSEU Pension Plan. The Ontario government subsequently announced that the terms of that agreement would be extended to members of the Public Service Pension Plan (PSPP), subject to…
Regulation Filed for Personal Emergency Leave in Auto Sector
On November 21, 2016, the Ontario government filed O. Reg. 370/16, amending O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Employment Standards Act, 2000 (ESA). O. Reg. 370/16 adds section 4, “personal emergency leave,” to O. Reg. 502/06…
WSIB Rate Framework Approved
On November 14, 2016, the Board of Directors of the Workplace Safety and Insurance Board (WSIB) approved its new Rate Framework which fundamentally changes the way the WSIB classifies Schedule 1 employers and sets their premium rates. The Rate Framework has a targeted implementation date of January 2019. On the same date, the Board of…