On March 6, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, was referred to the Standing Committee on General Government. The Committee will hold public hearings on the Bill in Toronto on Monday, March 18, 2019, from 9 a.m. to 10 a.m. and from 2 p.m. to 6 p.m. The deadline to submit requests to…
Publication Type: Blog Post
Federal Government Considering Equal Pay Protection for Employees in Air Transportation Sector
The Labour Program of the federal government is seeking input on the development of a regulation under section 47.3 of the Canada Labour Code (Successive Contracts for Services) which currently applies only to contract pre-board security services employees. It is proposing extending the application of that equal pay provision to include other federally regulated employees…
A Cautionary Tale: Appellate Court Upholds Judgment Against Employer for Punitive Damages, Aggravated Damages and “Unusually High” Costs
In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…
EI Changes – Parental Sharing Benefit Coming into Force on March 17, 2019
Changes to the Employment Insurance Act will come into effect on March 17, 2019 to implement the additional Parental Sharing Benefit announced in the 2018 Federal Budget. Additional employment insurance (EI) parental benefits (up to 5 weeks of standard parental benefits or up to 8 weeks of extended parental benefits) will be available to…
Notice of Intended Decision Considers Whether Vacation Pay Forms Part of Pensionable Earnings
The Ontario Superintendent of Financial Services (Superintendent) issued a Notice of Intended Decision (NOID) in late 2018 that considered whether vacation pay should be factored into a pension plan’s definition of pensionable earnings. The NOID indicates that, in the absence of clear exclusionary language, the Superintendent will interpret the phrase “base pay” to include vacation…
Appellate Court Upholds GSB Decision that Appropriate Jurisdiction to Adjudicate Mental Stress Claim is under WSIA
The Divisional Court has upheld a decision of the Grievance Settlement Board (Board) that found that it did not have jurisdiction to award damages as a remedy for grievances alleging workplace bullying and harassment as the alleged injuries would be compensable under the Workplace Safety and Insurance, 1997 (WSIA). In Ontario Public Service Employees Union…
Supreme Court of Canada Grants Appeal in Case Which Considered Constructive Dismissal, Long-Term Incentive Plan Entitlements and Duty of Good Faith
The Supreme Court of Canada has granted leave to appeal from a decision which considered long-term incentive plan entitlements as part of a constructive dismissal claim, and, in the dissent, the duty of good faith and honesty in the performance of employment contacts. In Ocean Nutrition Canada Ltd. v. Matthews, an employee resigned from employment…
Federal Government to Study Further Changes to Canada Labour Code
Following recent amendments to the Canada Labour Code, the federal Minister of Employment, Workforce Development and Labour has announced the creation of an expert panel tasked with the study of additional matters relating to the “changing nature of work.” This expert panel is to report back to the Minister by June 30, 2019 on the…
Government Announces Consultation on Pay Transparency Reporting Requirements
On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…
Government Invites Comments on Proposed Amendments to Mines and Mining Plants Regulation under OHSA
The Ministry of Labour is proposing various amendments to Regulation 854 (Mines and Mining Plants) made under the Occupational Health and Safety Act (OHSA). Regulation 854 applies to all mines, mining plants, and mining development in Ontario. It sets out sector-specific requirements protecting the health and safety of workers. The Ministry has prepared a consultation…