Government Proposes Changes to ESA Regulations in Support of Bill 47

On November 7, 2018, the government of Ontario posted proposed changes to regulations made under the Employment Standards Act, 2000 (ESA) in support of the ESA amendments introduced by Bill 47, Making Ontario Open for Business Act, 2018. Proposed Changes to O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing,…

New ESA Regulations Exempt Crown Employees from Hours of Work/Overtime Provisions of ESA; Reduce Penalties for Notices of Contravention

On October 24, 2018, the Ontario government filed two regulations made under the Employment Standards Act, 2000 (ESA). O. Reg. 448/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) to exempt Crown employees from the hours of work/eating periods and overtime provisions of the ESA. Specifically, the exemption applies…

Mandatory Breach Notification Comes to Canada: What To Do About It

It’s been a long time coming, but we finally know that mandatory breach notification is coming to Canada. Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Privacy Commissioner when a security incident involving personal information results in a “real risk of significant…

Ontario Publishes Description of Proposed Variable Benefits Regulations for DC Plans

The Ontario government posted a description of proposed regulations on March 20, 2018 enabling it to implement the variable benefit (VB) provisions applicable to defined contribution (DC) plans under the Ontario Pension Benefits Act (PBA). Background – DC Decumulation Currently, Ontario members of DC plans who have terminated their employment with the plan sponsor and…

Supporting Regulations to Bill 148 Now Available

On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1.   O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…

Regulations Amending the Employment Insurance Regulations Released

Significant amendments to the Employment Insurance Regulations have been filed and were published in the Canada Gazette on November 15, 2017 to implement the availability of Employment Insurance (EI) benefits for the care of critically ill adult family members and the option to extend parental leaves, initiatives outlined in the 2017 Federal Budget. The changes…

Ontario Proposes Regulatory Amendment Under ESA Permitting PRPP Differentiation Based on Age

On October 23, 2017, the Ontario government published a proposed draft amendment to O. Reg. 286/01 made under the Employment Standards Act, 2000 (ESA) to create a new exemption for pooled registered pension plans (PRPPs) with respect to age-based differentiation in certain circumstances. Currently, the ESA prohibits employers from providing a pension plan that treats employees,…

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….

Proposed Data Breach Regulations Under PIPEDA Published

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…