The Budget Implementation Act, 2018, No. 2 (Bill C-86) amended the Canada Labour Code (CLC) by enacting a new Division XII.1 “Reimbursement of Work-related Expenses,” which will require federally regulated employers to reimburse employees for reasonable work-related expenses, subject to prescribed exceptions. Bill C-86 also enacted a new section titled “Information Related to Employment,” which…
Publication Type: Article
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…
Bill C-228 Offering Pension Protection in Bankruptcy Receives Royal Assent
On April 27, 2023, Bill C-228, the Pension Protection Act, received Royal Assent and is now law. As a result, pension plan deficits will be required to be paid in priority to most other creditors, including secured creditors, during bankruptcy and insolvency proceedings. In this FTR Now we consider this development and its implications for…
Ontario Announces Deadline for Employers to Apply for Paid IDEL Reimbursement
As we reported previously, paid infectious disease emergency leave (Paid IDEL) ended on March 31, 2023. On April 28, 2023, the Ontario government updated its guidelines regarding when eligible employers can apply for reimbursement payments.
Reminder: Colleges and Universities to Have Sexual Misconduct Policies in Place by July 1, 2023
We would like to remind our college and university clients that the Ontario government recently passed Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. Among other things, Bill 26 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to require post-secondary institutions to address faculty and staff…
Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment
On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…
Ontario Proposes Significant Amendments Impacting School Board Sector
On April 17, 2023, the Ontario government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 for First Reading. If passed, Bill 98 would amend the Education Act, the Ontario College of Teachers Act, 1996 and the Early Childhood Educators Act, 2007. The government has invited interested stakeholders to comment on the proposed amendments…
Did You Ask to Share That? Arbitrator Comments on School Board’s Ability to Share Medical Information with Third Party
In Toronto Catholic District School Board v Canadian Union of Public Employees, Local 1328, Arbitrator Goodfellow recently issued a local arbitration decision concerning the administration of the Board’s sick leave and short-term disability plans. The hearing related to multiple grievances all touching on similar issues. Arbitrator Goodfellow specifically answered two questions: (i) Could the Board…
Ontario Issues Regulations for New Requirements for Construction Sites
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. On March 29, the government filed proposed regulatory changes to amend the Construction Projects Regulation (the Regulation) under the Occupational Health and Safety Act. The proposed regulatory changes will amend section 21 of the Regulation, which addresses protective clothing, equipment…
Federal Government Tables 2023 Budget
On March 28, 2023, the federal government tabled its 2023 budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future.” The Budget covers a wide array of initiatives. While health and dental care, efforts to make life more affordable, and investments in green energy are key areas of focus, the Budget includes several proposals…