|
Features For The Week of May 12, 2008
|
Text Size: M L XL XXL
|
|
Reported News and Articles by Jurisdiction
|
|
|
|
|
|
|
| National |
|
Sixth annual Expedia.ca vacation deprivation survey
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
According to the sixth annual Expedia Vacation Deprivation Survey conducted by Ipsos Reid, more Canadians are vacation deprived this year than last year. Last year 21% of working Canadians claimed not to have taken all of their vacation time; that number rises significantly to 29% this year. In addition, 33 percent of Canadians identify themselves as being vacation deprived (up from 31 percent last year). The study confirms the growing trend of employed Canadian workers not taking all of their vacation days.
View Article
|
|
Improvements to Life Income Funds give Canadians more financial fexibility
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
The Honourable Jim Flaherty, Minister of Finance announced regulatory changes are now in effect allowing Canadians to take advantage of Budget 2008 improvements to the administration of Life Income Funds (LIFs).
View Article
|
|
Regulatory changes related to federally regulated Life Income Funds and Locked-in Registered Retirement Savings Plans, effective May 8, 2008
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
The purpose of this backgrounder is to provide an overview of the new regulatory provisions related to federally regulated Life Income Funds and federally regulated locked-in Registered Retirement Savings Plans that have recently been adopted, and may be of interest to financial institutions and intermediaries, pension plans, pensioners, and other interested parties. Individuals interested in the precise details of the new regulatory regime should consult the actual regulations.
View Article
|
|
Making a mountain out of a timbit
by Robert Smithson, Lawyer, Originally Published on Legal Ease
News reports last week were full of accounts of an employee fired by a Tim Horton's franchise for having given a timbit to a child. This saga demonstrated one aspect of employee management, which employers tend to get wrong and it involved one very savvy public relations move by Tim Horton's.
View Article
|
|
Controversial immigration amendments
by Christina Catenacci LL.B., Assistant Editor for HRinfodesk - Canadian Payroll and Employment Law News
Bill C-50 received first and second readings in the House of Commons on March 14 and April 10, 2008, respectively. Committee meetings followed on April 16 and 28. This federal government bill is a budget bill that contains a controversial new proposal regarding the immigration system in Canada. For example, the proposed system contained in the bill would give the Immigration Minister, the power to issue instructions that give priority to certain categories of immigrants whose job skills are in demand in the country. Similarly, the minister would gain the power to refuse the applications of other categories.
View Article
|
|
A dismissal by any other name
by Robert Smithson, Lawyer, Originally Published on Legal Ease
When the employer offers a terminated employee a chance to mitigate damages by returning to work for the employer, the issue is whether a reasonable person would accept such an opportunity. The critical element in determining what is reasonable is that an employee is not obliged to mitigate by working in an atmosphere of hostility, embarrassment, or humiliation. Although the terminated employee claimed numerous reasons why it would not be reasonable for him to return to work for the employer, the Supreme Court of Canada disagreed.
View Article
|
|
Clergy residence deduction
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
Are the management level administrative personnel entitled to the clergy residence deduction. According to the CRA, it is a question of fact whether the organisation is a religious order or if its management level administrative personnel are engaged exclusively in full-time administrative service by appointment of a religious order or religious denomination.
View Article
|
|
Home office expenses
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
Whether a deduction for home office expenses should be available. According to the CRA, question of fact, but in this case probably.
View Article
|
|
Motor vehicles - taxable benefits
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
This CRA document deals with whether 1) a taxable benefit arises in the circumstances described? and 2) what is an appropriate method to calculate the employment benefit for the personal use of the motor vehicles?
View Article
|
|
PR 2008/05/08B - Improvements to Life Income Funds - Questions and Answers
by Knotia is a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
View FAQ
|
|
Q: If an employer/payer reviews status with their independent contractors and determines that employer-employee relationships do in fact exists, would the employer just start deductions from this point forwards, or does the employer have to go back a certain period of time?
by Steven Van Alstine, Canadian Payroll Association, originally published in the Bottom Line
View FAQ
|
|
|
Unions take EI surplus fight to Supreme Court
Labour unions appeared before the Supreme Court of Canada to argue the federal government has been improperly spending billions of surplus dollars in the unemployment insurance fund. For additional information, go directly to the CBC News website.
Click Here
|
|
|
Revision of the National Occupational Classification Consultation
The National Occupational Classification (NOC) will be more than twenty years old by Census 2011. In preparation for the 2011 Census, Human Resources and Social Development Canada (HRSDC) is asking for input from industry, occupational experts and user groups. Their input will help identify the classification system changes needed to accurately reflect Canadian occupations. For additional information, go directly to the HRSDC website.
Click Here
|
|
|
My business account
Business owners and their authorized employees and representatives can now view payroll account transactions and remitting requirements, as well as other CRA accounts online. To learn more about this new service, go directly to the Canada Revenue Agency (CRA) website.
Click Here
|
|
May 19, 2008: Victoria Day, A Public Holiday in Some Provinces and Territories
Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory of employment).
Victoria Day is not a public (statutory) holiday under Employment Standards rule in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island. In these provinces, a day off may be granted to retail industry employees under the Shops' Closing Act or similar legislation.
|
|
May 20, 2008: Vesak Day or Visakah Puja ("Buddha Day"), Buddhism
Holiest of Buddhist holy days. Buddhist all over the world celebrate the birth, enlightenment and death of the Buddha over 2,500 years ago. It has become to be known as Buddha Day. Typically on a festival day, lay people will go the the local temple or monastery and offer food to the monks and take the Five Precepts and listen to a Dharma talk. In the afternoon, they distribute food to the poor to make merit and in the evening join perhaps in a ceremony of circumambulation a stupa three time as a sign of respect to the Buddha, Dhamma, Sangha. The day will conclude with evening chanting of the Buddha's teachings and meditation. Employers may have to accommodate employees of this faith on this day.
|
|
May 23, 2008: Declaration of the Bab, Baha'i Religious Holiday
Baha'I recognition of the declaration in 1844 by Ali Muhammed that he is the anticipated "Coming One" of all religions. Work is suspended. The holiday starts the day before at sundown. Employers may have to accommodate employees who request time off to observe this religious observance.
|
|
May 29, 2008: Ascension of Bahaullah, Baha'i Religious Holiday
Baha'i recollection of the death of Baha'u'llah, the founder. Observed by prayers and readings. Work is suspended. Employers must accommodate employees of the Baha'i faith who request accommodation on this date.
|
|
June 9, 2008: Shavuot, A Jewish Religious Holiday
"Feast of Weeks" (7 weeks after Passover). This is a celebration in remembrance of the Israelites receiving the Ten Commandments at Mount Sinai. Outside Israel, Shavuot is celebrated over two days. There is a custom among Orthodox Jews to stay up all night (from the previous night) studying, in anticipation of hearing the Ten Commandments in the synagogue in the morning. Orthodox Jews are not permitted to work, travel, write or handle money on these two days (beginning from sundown the previous night) and will require accommodation. Less observant Jews may or may not require accommodation to attend synagogue.
|
|
June 21, 2008: First Nations Day in Canada, Aboriginal
This is the longest day of the year and marks the changing of seasons. It is also a very important day for aboriginal people (Indian, Metis, Inuit). In 1982, this day was chosen to celebrate the land and the aboriginal people and culture. It is also a public (statutory) holiday in the Northwest Territories and Nunavut. Employees must be given a day off with pay. This is a sacred day for employees belonging to Canadian First Nations; employers in other provinces and territories may have to accommodate employees who want to observe this day. Communities hold feasts and invite guests.
|
|
|
| Alberta |
|
Draft recommendations for changes to the OHS code
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The 2007/08 Review of suggestions for changes to the Occupational Health and Safety Code (OHS) is underway. Interested parties are invited to review and comment on draft recommendations from an industry/labour/government Working Group for changes to Alberta's OHS Code, which establishes minimum standards for safe and healthy practices in Alberta workplaces.
View Article
|
|
Non-profit and voluntary strategy tackles workforce challenges
by Government of Alberta
Non-profit organizations are teaming up to find solutions for common labour force challenges. A Workforce Strategy for Alberta’s Non-profit and Voluntary Sector, developed with the support of the Alberta government, identifies ways to address staff recruitment and retention in this valuable sector (in PDF).
View Article
|
|
Ban of cell phone use while driving
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 24, 2008, an Alberta private member's bill was tabled to prohibit the use of hand-held cellphones while driving. Bill 204 - Traffic Safety (Hand-Held Communication Devices) Amendment Act, 2008 will not apply to individuals driving an emergency vehicle while in the lawful performance of that person's duties, or reporting unsafe road conditions, or an emergency, accident or unlawful act to the appropriate authorities. However, the exception does not apply to novice drivers.
View Article
|
|
| British Columbia |
|
Grounds for dismissal: employees can't just deny insubordination
by Gary Fraser, Lang Michener LLP
Employee insubordination is generally recognized as a cause for dismissal when an employee refuses to submit to the lawful instructions of an employer in performing a task or job. Even a single act of insubordination will justify termination if the refusal is found to be so serious that it affects the fundamental nature of the employment relationship. But what about a situation where the employee's insubordination takes the form of refusing to formally acknowledge a mistake made? This issue was central to the determination of McGachie v. Victoria Immigrant & Refugee Centre Society (in PDF).
View Article
|
|
Fixed-term contract no excuse for not giving reasonable notice
by Katherine Reilly, Lang Michener LLP
In a recent BC Supreme Court decision, the issue of whether an employee with a fixed-term contract is continuously employed – and therefore entitled to reasonable notice – is clarified. In Monjushko v. Century College Ltd., the employee argued that he was entitled to damages in lieu of reasonable notice for the nine years he was employed by the employer. The employer claimed that the employee was hired on a fixed-term contract and was therefore not entitled to any reasonable notice (in PDF).
View Article
|
|
Recent wrongful dismissal notice awards
by Michael J. Weiler, Lang Michener LLP
Wrongful dismissal law suits are most commonly caused by an employer having failed to provide proper written notice. When this happens, the courts will determine what would have been a reasonable notice period based on four key factors: the employee's age, length of service, position with the employer and the availability of similar, alternate employment, keeping in mind the particular skills, training and experience of the employee (in PDF).
View Article
|
|
E-health bill introduced
by Christina Catenacci LL.B., Assistant Editor for HRinfodesk - Canadian Payroll and Employment Law News
Bill 24, the E-Health (Personal Health Information Access and Protection of Privacy) Act, received first reading in the British Columbia legislature on April 10, 2008. The bill proposes: the repeal and replacement of sections 10.1 to 10.7 of the Health Act in respect of health information banks; the making of disclosure directives that give individuals limited control over their personal health information in the health information bank; and the establishment of a data stewardship committee to manage the information for the purposes of health planning and research.
View Article
|
|
Incorporation of Employment Standards Act provisions in the contract of employment
by Gary Catherwood, Fasken Martineau DuMoulin LLP
Employment by provincially-regulated employees in British Columbia is governed by the common law of contract and by statute. Many employment contracts are verbal and do not expressly deal with routine matters. The Courts, however, will infer into the contract of employment certain terms such as a varying duty of fidelity, the right to terminate for cause and the obligation to give reasonable notice to terminate. Some terms have - until recently - not been inferred, i.e. overtime pay, vacations and vacation pay, holidays and holiday pay. Recent court decisions emphasize the importance of written contracts of employment and how a comprehensive understanding of the Employment Standards Act could protect an employer from greater costs and liability (in PDF).
View Article
|
|
WCAT decision not applied by WorksafeBC
by Christina Catenacci LL.B., Assistant Editor for HRinfodesk - Canadian Payroll and Employment Law News
On December 6, 2007, the Chair of the British Columbia Workers' Compensation Appeal Tribunal decided that Policy Item #40.00 of the Rehabilitation Services & Claims Manual, Volume II was so patently unreasonable that the Workers Compensation Act and Regulations could not support it. The Tribunal had the discretion to refuse to apply the WorksafeBC Board of Directors' policy.
View Article
|
|
New reservist leave
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 30, 2008, Bill 43, Miscellaneous Statutes Amendment Act (No. 2), 2008 was tabled to amend the British Columbia Employment Standards Act to provide job protection for reservists who temporarily leave their civilian employment in order to serve with the reserve forces.
View Article
|
|
Public sector salary disclosure
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The British Columbia government has tabled legislation to clarify the disclosure of executive compensation across British Columbia's public sector. These changes will further increase transparency and accountability in the public sector.
View Article
|
|
New rules for farm labour contractors
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On May 1, 2008, British Columbia Labour Minister Olga Ilich gave Royal Assent to amendments to the Employment Standards Act which prohibit anyone from engaging the services of a farm labour contractor unless the contractor is licensed. The amendments also provide for a farm labour contractor's licence to be cancelled or suspended for safety violations, including violations to the Motor Vehicle Act regulations. These measures are intended to improve protection for farmworkers.
View Article
|
|
Banning smoking when children present
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The British Columbia government tabled Bill 36, Motor Vehicle (Banning Smoking when Children Present) Amendment Act, 2008 on April 28, 2008. The Bill amends the Motor Vehicle Act to prohibit the smoking of tobacco or hold lighted tobacco in a motor vehicle where a person under the age of 16 years is present.
View Article
|
|
| Manitoba |
|
Amendments to personal health information act
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On May 1, 2008, the Manitoba government proposed in Legislature amendments that will improve access to personal health information and enhance public education to ensure Manitobans are aware of their privacy rights. The Bill sets out criteria for a valid consent, and permits consent to be either express or implied, among other things.
View Article
|
|
| Newfoundland and Labrador |
|
Amendments to health payroll tax
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The Newfoundland and Labrador government tabled Bill 27, An Act to Amend the Health and Post-Secondary Education Tax Act and it received First Reading on May 1, 2008. The purpose of the Bill is to amend the definition of exemption threshold found in the Health and Post-Secondary Education Tax Act.
View Article
|
|
Pension benefits amendments
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
Bill 21, tabled on April 14, 2008, to amend the Newfoundland and Labrador Pension Benefits Act to require a pension plan sponsor to fully fund a solvency deficiency on the wind-up of the plan passed third reading. It is now waiting for a date to come into force and would apply to plan terminations which occur after April 1, 2008.
View Article
|
|
Legislation to establish a labour management arbitration committee
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 28, 2008, the Newfoundland and Labrador House of Assembly passed legislation to amend the Labour Relations Act to provide the government with the ability to set up a Labour Management Arbitration Committee (LMAC) to ensure employers and labour have access to a higher quality dispute resolution system for arbitrations that occur under the Act and collective agreements.
View Article
|
|
NL Budget 2008
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 29, 2008, the Newfoundland and Labrador government tabled their 2008 Budget that focuses on effectively securing a sustainable future for Newfoundlanders and Labradorians in which families can prosper and thrive for generations to come. There are new taxes and payroll related changes announced in the 2008 budget. Of interest to employers:
View Article
|
|
Taking action on review of workers' compensation system
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The Newfoundland and Labrador government with the Workplace Health, Safety and Compensation Commission (WHSCC), is undertaking a series of actions to address the needs of the province's workplace insurance and compensation system following the completed review of the system. Finding the Balance: The Report of the 2006 Statutory Review Committee on the Workplace Health, Safety and Compensation Act provided an extensive review of the workers' compensation system. It identified a number of areas for government's consideration. Here is how they intend to respond:
View Article
|
|
| Nova Scotia |
|
Fair access to regulated professions
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
Legislation that would help newcomers navigate the certification and registration process and find a job in their chosen profession was introduced in the legislature on April 24, 2008.
View Article
|
|
North American Agreement on Labour Cooperation
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 25, 2008, the Nova Scotia government introduced a bill to become a signatory to the North American Agreement on Labour Cooperation (NAALC). The agreement provides a remedy through a dispute resolution process for Nova Scotia exporters should they be negatively affected by unenforced labour laws in Mexico and the United States. The agreement is based on the principle that each country will enforce the labour laws they have in place. It will allow orders to be enforced by the courts in Nova Scotia.
View Article
|
|
NS Budget 2008
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The Nova Scotia government tabled their 2008 balanced budget on April 29, 2008, estimating a surplus of $189.7 million in 2008-2009 all of which will be applied to the provincial debt. The Budget contains payroll related tax measures and other measures of interest to employers as follows:
View Article
|
|
| Ontario |
|
Review of statutory severance provisions
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario government has pledge to review an alleged loophole in the statutory severance provisions in the Employment Standards Act that allows employers not to pay statutory severance when they mass terminate 50 or less employees. The government wants to know and understand the real extent of the problem.
View Article
|
|
Measures to ensure compliance with ergonomics advisory panel
by Andrew Lawson, Legal Education Consultant, Learn--don't Litigate, Canadian Employment Law
In a recent article, “Ergonomics: it is now official,” I briefly outlined provincial government action in this emerging area of workplace law. This article will provide you with more detailed information on what a government inspector will look for when she visits your workplace and how to be prepared for such an inspection (in PDF).
View Article
|
|
Joint Health & Safety Committee Members must be certified
by Andrew Lawson, Legal Education Consultant, Learn--don't Litigate, Canadian Employment Law
Does your workplace employ 20 or more workers in Ontario? If so, the employer must oversee the formation of a Joint Health & Safety Committee (JHSC). The number of members depends on the number workers at each work site however, labour and management must be represented equally. Also, at least one management and one labour representative on the JHSC must be certified (in PDF).
View Article
|
|
Banning smoking in vehicles
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 30, 2008, the Ontario government introduced legislation that, if passed, would ban smoking in motor vehicles with children present. To illustrate, employers who hire drivers to transport children to school, or to outside activities, will have to ensure they have policies in place to enforce the smoking ban in vehicles were these children are present.
View Article
|
|
| Prince Edward Island |
|
PEI Budget 2008
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
On April 23, 2008, Prince Edward Island tabled their 2008 Budget presented by the Treasurer and Chair of Treasury Board, Honourable. Wesley J. Sheridan. The government predicted a $34.9-million deficit for 2008-09. There were no new tax changes announced in the 2008 budget. However, of interest to employers, the government confirmed that the basic personal credit increased to $7,708 from $7,560 will happen in 2008. In addition, the government will:
View Article
|
|
| Quebec |
|
Amendments to Supplemental Pension Plans Act affect phased retirement and various other aspects of the Act
by Watson Wyatt Worldwide, InfoFlash
Phased retirement is not a new phenomenon in Quebec. The province was the first jurisdiction in Canada to allow phased retirement back in 1997. However, the province has tabled legislation to amend the phased retirement provisions of its Supplemental Pension Plans Act (SPPA) to reflect recent changes to the federal Income Tax Act (in PDF).
View Article
|
|
|
Ijob: an interactive agenda
Ijob allows employees especially salaried employees to record their hours of work on a daily basis. In addition, it provides access to overviews of the main Quebec labour standards. This tool was developed by the Quebec Labour Standards Branch (CNT) and the Quebec government to improve compliance and knowledge of the law. To download the product, go directly to the Ijob website.
Click Here
|
|
| Saskatchewan |
|
Option to further ban workplace smoking
by Yosie Saint-Cyr, LL.B., Managing Editor at HRinfodesk.com---Canadian Payroll and Employment Law News
Since 1996, The Occupational Health and Safety Regulations have restricted smoking in places of employment to designated smoking areas. However, smoking was permitted in places of employment that were residential institutions, public places and private dwellings. However, to address the risks and discomfort to workers associated with second-hand smoke, the majority of Canadian jurisdictions have banned smoking in workplaces through legislative changes. Therefore, the Saskatchewan would like to adopt similar legislation based on the experience of these other jurisdictions.
View Article
|
|
