Ontario Announces Financial Incentives For “Safe Employers”

On November 22, 2019, the government of Ontario unveiled Supporting Ontario’s Safe Employers. This is an initiative which will formally recognize and provide financial incentives to employers who have successfully implemented an occupational health and safety management system in their workplace. Ontario’s Chief Prevention Officer will accredit successful employers. The government states that this program…

Ontario’s Bill 132 Referred to Committee, Includes Proposed Amendments to PBA

On November 7, 2019, Bill 132, Better for People, Smarter for Business Act, 2019 (Bill 132), passed Second Reading and was referred to the Standing Committee on General Government. Bill 132 is omnibus legislation which, if passed, will amend a number of statutes, including the Ontario Pension Benefits Act (PBA). Proposed amendments to the PBA…

Proposed Public Sector Wage Restraint Legislation Referred to Committee

On October 31, 2019, Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, passed Second Reading and was referred to the Standing Committee on General Government. The Committee will meet on Monday, November 4, 2019 from 9:00 a.m. to 10:00 a.m. and from 2:00 p.m. to 6:00 p.m. for public hearings on…

Ontario Superior Court Affirms that Pension Payments to a Non-Member Spouse Cease Upon Death

In Meloche v. Meloche, the Ontario Superior Court held that, following a pension division under the Ontario Pension Benefits Act (PBA), payments do not continue to the estate of a non-member spouse who predeceases the member spouse. The parties separated in 2017 after 30 years of marriage. The respondent teacher retired in 2015, and elected…

Ontario to Consult on New Public Sector Benefits Pooling Model

The Treasury Board Secretariat has announced that it will begin consultations this year on a new benefits pooling model for broader public sector participants. The government consulted with public sector employers and bargaining agents in the spring and summer of this year about how to achieve reasonable public sector compensation growth, and a centralized benefits…

Budding Industry: Amendments to Cannabis Regulations Legalizing Edible Cannabis Coming Into Force

On October 17, 2019, one year after Canada legalized the sale and purchase of dried and fresh cannabis, oil, seeds, and plants, the government of Canada’s amendments to the Cannabis Regulations made under the federal Cannabis Act will come into force, establishing rules for the legal production and sale of three new classes of cannabis….

Reminder of Upcoming AODA Deadlines

The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. Compliance deadline dates depend…

Ministry of Labour Consulting on “Safe at Work” Initiatives

The Ontario Ministry of Labour has announced a consultation entitled “Safe at Work Ontario 2020-21.” The Ministry is seeking information and input from stakeholders in response to specific questions related to the following issues: Hazards The Ministry has identified the top 10 occupational health and safety issues and violations in the workplace. It is asking…

Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation

The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…