Ontario Proposes Amendments to ESA Regulations in Anticipation of Bill 148 and to Administrative Monetary Penalties under ESA, EPFN

On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….

2018 EI Premium Rate, Maximum Insurable Earnings Set

The Canada Employment Insurance Commission (CEIC) has set the 2018 Employment Insurance (EI) premium rate at$1.66 per $100 of insurable earnings. This represents a 3 cent increase for employees over the 2017 rate, and 4 cents for employers who pay 1.4 times the employee rate. For Quebec residents covered under the Quebec Parental Insurance Plan,…

Employee Discounts: To Tax, or Not to Tax? That is Indeed the Question

The Canada Revenue Agency (CRA)’s recently revised position on employee discounts is attracting significant media coverage. In 2016, the CRA published an updated technical document on “Benefits and Allowances Received from Employment” (Income Tax Folio S2-F3-C2*), which provides that employee discounts on merchandise for less than fair market value are considered taxable benefits under the…

WSIB Rate Framework Policy Consultation Extended

As we previously reported, the Workplace Safety and Insurance Board has launched a public consultation on draft policies for the new Rate Framework, which will be implemented on January 1, 2020. The deadline for submissions on the Rate Framework Policy Consultation has been extended from October 13, 2017 to December 5, 2017. Submissions can be…

Ontario Tables Omnibus Healthcare Bill

On September 27, 2017, the Ontario government tabled Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, omnibus legislation which addresses the delivery of healthcare services in Ontario. If passed, Bill 160 would create the following statutes: The Health Sector Payment Transparency Act, which would require disclosure of information about financial relationships within the…

Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy

The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…

Ontario Expands Access to Licensed Childcare in Schools

The Ontario government has announced that effective September 1, 2017, all publicly funded elementary schools serving students up to Grade 6 are required to provide before- and after-school programs for children aged 4-12 where there is a sufficient demand. The programs may be operated by a school board through a licensed childcare provider for children…

WSIB Schedule 1 Regulation Amended

On August 31, 2017, the Ontario government filed O. Reg. 348/17 amending O. Reg. 175/98 (General) made under the Workplace Safety and Insurance Act, 1997.  The regulation makes changes to certain industries in which Schedule 1 employers are liable to contribute to the Insurance Fund. Among other things, amendments to Class G – Construction: maintain…

Ontario Minimum Wage to Increase on October 1, 2017

On October 1, 2017, the general minimum wage in Ontario will increase from $11.40 to $11.60 an hour. This minimum wage applies to most employees. Minimum wage rates for specified students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date. Note that the Ontario government has tabled legislation to increase…