On September 12, 2012, sections 1 through 19 (inclusive) and 21 of the Putting Students First Act, 2012 (”PSFA”) were proclaimed in force. The restraint period applies retroactively, as outlined in the Act. On that date, the Ontario government filed a new regulation under the Education Act with respect to hiring practices. It is important…
Publication Type: Blog Post
Operation of Pension and Benefit Plans do not Discriminate on the Basis of Age: Human Rights Tribunal of Ontario
Recent decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) provide welcome guidance for employers who have been confronted with allegations that provisions of their pension and benefit plans discriminate on the basis of age under the Ontario Human Rights Code (the “Code”). In several decisions the Tribunal has held that some age-based distinctions…
New Regulation Gives Pharmacists Ability to Administer Flu Shots, Renew Prescriptions
On October 1, 2012, O. Reg. 302/12 made under the Pharmacy Act, 1991 was filed. The regulation amends O. Reg. 202/94 (General) by adding “Controlled Acts” provisions permitting, among other things: a pharmacist to administer the influenza vaccine to a patient five years or older in accordance with prescribed conditions; and a pharmacist or other…
EI Rates Set for 2013
On September 14, 2012, the 2013 employment insurance premium rate for residents of all provinces (with the exception of Québec) was set at $1.88 per $100 of insurable earnings by resolution of the Canada Employment Insurance Financing Board. The 2013 employment insurance premium rate for Québec residents was set at $1.52 per $100 of insurable…
2013 Basic Rate Set By Superintendent of Financial Institutions
On September 7, 2012, the Office of the Superintendent of Financial Institutions set the basic rate for the Office year beginning on April 1, 2013 at $10.00, pursuant to the Assessment of Pension Plans Regulations. This rate applies to pension plans with a year-end between October 1, 2012, and September 30, 2013 and for newly…
Appeal Heard in Blue Mountain OHSA Critical Injury Reporting Case
The Ontario Court of Appeal heard oral arguments in the Blue Mountain Resorts Ltd v. Ontario appeal on September 27, 2012. The issue in that case centres on the determination by the Ontario Labour Relations Board that a hotel guest’s drowning in the hotel swimming pool was reportable under the Occupational Health and Safety Act,…
Ontario Releases Draft Compensation Restraint Legislation for Consultation
On September 26, 2012, the government announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”).
Court Pierces Corporate Veil in “Common Employer” Case
Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….
New PSFA Regulation Filed – Deductions From Wages
On September 21, 2012, the Ontario government filed a new regulation under the Putting Students First Act, 2012. O. Reg. 282/12 (Orders to Reimburse Boards – Deductions From Wages) applies with respect to the deduction, under subsection 9 (6) of the PSFA, from an employee’s wages for amounts the employee is required to reimburse to…
Federal Government Introduces Helping Families in Need Act
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act (“EI Act”) and the Canada Labour Code as follows: the EI Act will provide for a new specified sickness benefit for parents receiving EI parental…