Publication Name: Human Resources Legislative Update

Ontario Introduces Pay Transparency Legislation

· 2 min read

On March 6, 2018, the Ontario government introduced Bill 203, Pay Transparency Act, 2018, which creates certain requirements for employers regarding compensation information and its disclosure to employees and potential employees. If passed, Bill 203 would, among other things: prohibit employers from seeking the compensation history regarding a potential employee, although that person may voluntarily…

Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative

· 1 min read

On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…

2018 Federal Budget Tabled

· 1 min read

On February 27, 2018, the federal government tabled its Budget 2018, Equality + Growth:  A Strong Middle Class. We are currently reviewing the Budget and an FTR Now which highlights initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website. (Editor’s Note: Our FTR Now,…

FSCO Launches Targeted Compliance Review of Member Option Statements

· 2 min read

In March, 2018, the Financial Services Commission of Ontario (FSCO) will commence a targeted review of pension plan member option statements to verify compliance with key requirements under the Pension Benefits Act (Act) and FSCO policies. In particular, FSCO will focus its targeted review on whether plan administrators are: meeting requirements for statement content and…

Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing

· 2 min read

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…

IPC Provides Important Guidance on New PHIPA Annual Reporting Obligations

· 2 min read

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

· 3 min read

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

· 2 min read

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.