New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges

On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…

Federal Government Consults on PIPEDA Data Breach Regulations

On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…

Ontario Proposes Elimination of the “30% Rule” for Pension Investment

Further to announcements made in its 2015 Economic Outlook and Fiscal Review, the Ontario government is soliciting feedback on proposed regulatory reforms that would eliminate the current investment rule that prohibits plan administrators from making investments that result in pension funds owning more than 30% of the voting shares of a corporation. The so-called “30% rule”…

New OHSA Noise Protection Regulation Coming Into Force July 1, 2016

On July 1, 2016, noise protection requirements will be extended to all Ontario workplaces pursuant to O. Reg. 381/15 made under the Occupational Health and Safety Act. The noise protection requirements currently found in the following regulations will be revoked effective July 1, 2016: Regulation 851 – Industrial Establishments (s. 139) (O. Reg. 382/15) Regulation 854…

Hiring Practices Regulation under Education Act Amended

On December 3, 2015, O. Reg 376/15, amending O. Reg. 274/12 (Hiring Practices) made under the Education Act, was filed. The amendments, which are technical in nature, relate to the hiring practices for long-term occasional (“LTO”) teachers represented by the Ontario English Catholic Teachers’ Association (“OECTA”). Among other things, the amendments specify timing requirements for the application and interview…

New Temporary Foreign Worker Regulations Impose Monetary Penalties and Bans on Employers for Non-Compliance

Effective December 1, 2015, new Regulations Amending the Immigration and Refugee Protection Regulations (“Amending Regulation”) made under the Immigration and Refugee Protection Act (“Act”) will impose certain penalties on employers who are not in compliance with requirements of the Temporary Foreign Worker Program (“TFWP”). There have been recent changes to the TFWP, including the imposition of…

Draft Regulations Governing Transfers and Conversions to JSPPs under Sections 80.4 and 81.0.1 of Pension Benefits Act Published

On June 26, 2015, the Ontario government published draft regulations (the “Draft Regulations”) setting out the proposed rules governing the merger or conversion of single employer pension plans (“SEPPs”) to jointly sponsored pension plans (“JSPPs”) in the broader public sector (“BPS”). The draft regulations will support sections 80.4 and 81.0.1 of the Pension Benefits Act…

Alberta Extends Deadline for Filing Amendments Relating to EPPA Reform

As previously reported, the pension reforms in British Columbia will come into force on September 30, 2015. Amendments to plans registered in British Columbia which reflect the new legislative requirements must be filed by December 31, 2015.  While likely to follow suit, the Ontario pension regulator, the Financial Services Commission of Ontario, has not yet…

Ontario Proposes PBA Regulations For Merging or Converting SEPPs into JSPPs

On January 20, 2015, the Ontario government released proposed new regulations (“proposed Regulations”) under the Pension Benefits Act (“PBA”) for public comment. The proposed Regulations are designed to facilitate the merger of broader public sector (“BPS”) single employer pension plans (“SEPPs”) and jointly-sponsored pensions plans (“JSPPs”), either through (a) a transfer from the SEPPs to…