Features For The Week of March 8, 2010
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Reported News and Articles by Jurisdiction
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| National |
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What role do collective agreements play in bankruptcy proceedings?
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
It should be no surprise to hear about a dispute over employee wages in a bankruptcy proceeding. Employees (and their unions, if applicable) of a bankrupt company want to make sure they receive payment for the work they've done. Of course, other parties also make claims on the bankrupt or insolvent company and everyone wants to maximize their portion. The Wage Earner Protection Program Act and the Bankruptcy and Insolvency Act outline employees' legal entitlements in such cases, but these entitlements recently faced a challenge with respect to what constitutes “wages”, particularly whether “wages” include amounts that would be paid “on the employee's behalf, to a third party such as the union, a health and welfare trust, or a third party service provider.” In other words, the challenge asked: in a bankruptcy proceeding, is an employee entitled to her or his entire wage, or only that portion she or he takes home? [Article No. 32773]
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Expanded online resource for newcomers
by Citizenship and Immigration Canada
From finding information on how to start a new business to opening a bank account, there are many steps newcomers take to successfully make their way in Canada. Now, an Internet resource has been created for newcomers to help them quickly and easily find a range of government services, in addition to settlement services, in their communities, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced (in PDF). [Article No. 32756]
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Drug and alcohol policies: Some new pieces of the puzzle
by Sébastien Beauregard, Ogilvy Renault LLP
On December 2, 2009, Mtre Jean-Pierre Lussier issued an arbitral award affirming the validity of the alcohol and drug policy implemented at Shell Canada Ltd. The decision is of particular interest since Arbitrator Lussier provides answers to some questions that had, until now, not been clearly settled (in PDF). [Article No. 32752]
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Proposed amendments under the Income Tax Act for employee life and health trusts
by Osler, Hoskin & Harcourt LLP
The Minister of Finance recently announced proposed amendments to the Income Tax Act creating a new vehicle, called an employee life and health trust (EL&H trust), through which employers can provide certain group benefits to their employees and former employees in a tax effective manner (in PDF). [Article No. 32753]
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Federal budget 2010
by The Canadian Payroll Association (CPA)
On March 4, 2010, the federal government tabled the 2010 Budget, which builds on Canada's fragile economic recovery by setting three key objectives, including measures that were previously announced in 2009. These objectives mean continued investment in the stimulus plan (Canada’s Economic Plan) for economic growth; to create jobs; and to bring Canada's finances back to a balance budget towards a competitive economic advantage over other nations. The government pledges not to balance the budget by raising taxes or cut major transfers for health care, education and pensioners. Of interest to employers as reviewed by the Canadian Payroll Association, the areas of the Federal Budget 2010 that will directly or indirectly impact employers and payroll are: [Article No. 32719]
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Tax alert: Federal budget 2010
by Knotia, a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
Another expert analysis by one of our partners on the tax measures contained in the 2010 federal budget, tabled on March 4 in the House of Commons by Finance Minister Jim Flaherty (in PDF). [Article No. 32720]
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Well, don't worry about it!
by Robert Smithson, Lawyer, Originally Published on Legal Ease
A few weeks ago, a former United States fighter pilot named Kermit Tyler died at the age of 96. It was what he did—or didn't do—in his workplace at age 28 that earned him a place in history (in PDF). [Article No. 32609]
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Supreme Court of Canada Giant Mine decision
by McLennan Ross LLP
On February 18, 2010, the Supreme Court of Canada released its much anticipated decision on the lawsuit coming out of the Giant Mine explosion in 1992. The decision will be of great interest to employers who choose to carry on business during a labour dispute (in PDF). [Article No. 32615]
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Criminal negligence causing death charge against employer and others
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Sault Star has published that the police have laid criminal charges (known as Bill C45 OHS amendments to the Criminal Code) in the death of public works employee James Vecchio at the city landfill last April. These charges come shortly after Ontario's Ministry of Labour confirmed it laid six charges under the Occupational Health and Safety Act. The criminal charges came after the Sault Ste. Marie Police Service issued a statement that its 10 month investigation into the April 16 fatality was complete. [Article No. 32620]
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Federal throne speech 2010
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On March 3, 2010, the federal government presented the Speech from the Throne in the House of Commons by cautiously affirming that Canada's Economic Action Plan is working, although the effects of the global recession have not fully faded. Tax cuts and enhanced Employment Insurance benefits are providing direct support to Canadians who have paid into government programs over the years and now need help. The government intends to complete the second year of the economic plan and to continue creating jobs and growth. It will work with its provincial, territorial and municipal partners to ensure that measures under the plan come to an end by March 31, 2011. [Article No. 32617]
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Payroll employment, earnings and hours
by Statistics Canada
Non-farm payroll employment increased by 22,000 in December compared with the previous month. This represented the fourth consecutive month of modest gains (in PDF). [Article No. 32602]
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Employee life and health trusts
by Canada Revenue Agency
The Honourable Jim Flaherty, Minister of Finance, today announced his intention to propose amendments to the Income Tax Act to accommodate employee life and health trusts (in PDF). [Article No. 32603]
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Smile, you’re on candid camera… how arbitrators view video surveillance
by Derek Knoechel, Fasken Martineau DuMoulin LLP
Canadian arbitrators have been dealing with the issue of video surveillance of employees for over two decades. Early decisions dealt with offsite surveillance of employees suspected of faking or exaggerating illnesses. But countless battles have since been waged over the use of video surveillance cameras in and around the workplace. When can such equipment be used in the workplace? When can the resulting evidence be relied upon? (in PDF) [Article No. 32599]
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Employers' responsibility for acts of sexual harassment by employees
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The latest HRinfodesk poll explored readers' knowledge on employers' responsibility for acts of sexual harassment made by employees. The poll asked: an employer will not be liable for sexual harassment committed by managers or supervisors as long as it is not aware of the conduct: true or false? Out of 312 respondents, 90.6 percent (281) of respondents answered false and were right, while a small number of respondents, 9.94 percent (31), answered true and were wrong. But why do employers have to deal with the legal liability for sexual improprieties in the workplace? [Article No. 32561]
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Employee competency checklist
by PayScale
Employee competency assessments have been around long enough to have withstood the test of time- and have proven to be a very useful tool for the HR professional’s toolbox. Employee competencies are a list of skills and behaviors that are specific and well defined and are used to lay out an organization’s performance expectations for a job or the organization's culture as a whole (in PDF). [Article No. 32495]
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CPP deductions on disability payments: new guidance from the Federal Court of Appeal
by Jordan N. Fremont and Natasha D. Monkman, Hicks Morley Hamilton Stewart Storie LLP
According to the Court's decision in TTC, Canada Pension Plan contributions are not required on long-term disability payments made under a self-funded or administrative services only arrangement plan, even if it is determined that Employment Insurance premiums must be made (in PDF). [Article No. 32496]
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Reporting to more than one work location
by Knotia, a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
Deductibility of motor vehicle expenses where the employee reports for work at more than one location. It is the CRA's long-standing position that travel between an employee's home (including where an employee maintains a home office) and his or her regular place of employment (RPE) is personal travel. Accordingly, any motor vehicle expenses incurred for such travel would not be deductible. However, where an employee (as required by the employer or with the employer's concurrence) proceeds directly from home to a point of call other than the employee's RPE, or returns home from such a point, such travel is considered employment-related (in PDF). [Article No. 32515]
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Employee professional development
by Knotia, a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
Whether contributions made by an employer toward the cost of a one day in-service program that is intended to improve a participating employee's computer literacy skills will constitute a taxable employment benefit where the participants are allowed to keep a laptop computer at the end of the training session (in PDF). [Article No. 32516]
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March 14, 2010: Daylight Saving Time Begins
Daylight saving time returns at 2:00 a.m. Sunday, March 14, 2010, when clocks across most of the jurisdictions in Canada will be set one hour ahead to 3:00 a.m. Daylight saving time takes place on the second Sunday in March and continues until the first Sunday in November.
Update your computer and electronic calendar to avoid missing any important meetings or appointments. For more information, go to the National Research Council of Canada website.
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March 16, 2010: Hindi New Year (Vaisaki), Hindu
There is no one Indian New Year's Day. The Indian New Year's Day is determined by the Mesha Sankranti or the solar transit into Aries. The people of India use around 30 calendars; they have almost as many New Year's Days. But when that is depends on which calendar is used. Thus, depending on the region you come from, it is celebrated at a different day. The day is observed by temple worship, feasting and dancing. This is a primary holy day and may require accommodation such as a day off to attend worship services.
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March 17, 2010: St. Patrick's Day, An Irish Holiday
St. Patrick, the patron saint of Ireland, was born about 390 AD in Roman Britain. As a youth he was kidnapped by Irish raiders and sold into slavery in Ireland. He escaped six years later and fled to Gaul. After several years of monastic life, he returned to Ireland in 432 AD as a missionary to the people there. Legend has it that he drove all of the snakes out of the country. It is said that he used the three-leafed shamrock to explain the concept of the Trinity; hence its strong association with his day and name.
Irish communities outside of Ireland commerate their Irish heritage on this day. The Irish have observed this day as a religious holiday for thousands of years. The holiday falls during the Christian season of Lent, Irish families would traditionally attend church in the morning and celebrate in the afternoon. Lenten prohibitions against the consumption of meat were waived and people would dance, drink, and feast—on the traditional meal of Irish bacon and cabbage. Green is also associated with Saint Patrick's Day because it is the color of spring, Ireland, and the shamrock. Employees may show up at work wearing some part of their clothing green.
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March 20, 2010: Vernal Equinox, Wicca
Vernal Equinox, Ostara, Northern Hemisphere and Mabon, Southern Hemisphere, Wicca observances. Ostara is a Wicca observance of the welcoming of spring and the goddess-as-maiden. Mabon is a Wicca observance of the autumnal equniox when day and night are of equal length. A harvest festival time. This is a primary holy day that may require accommodation.
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March 21, 2010: Naw Ruz (New Year), Baha'I
Baha'i observance of the vernal equinox symbolizing spiritual growth and renewal. This is a primary holy day and may require accommodation.
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March 24, 2010: Rama Navami (Ramayana), Hindu
Hindu celebration of the birth of Lord Rama, hero of the religious epic poem, The Ramayana. The day involves telling of stories and going to the temple. In addition, the Ramanavami vrata is nitya or compulsory for the devotees of Rama and optional for others. One of the highly eulogized vrata in the Hindu calendar, it can destroy one’s sins and also confer even mukti or liberation. The vrata commences from the previous night with fasting. On the Navami day also the votary has to continue fasting, perform worship and homa to Rama in an image installed in a specially prepared shrine, repeated recitations of Ramamantra and keep vigil in the night. An employee may request absence from work for this observance.
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March 29, 2010: Mahavir Jayanti, Jain
Jain festival honoring Lord Mahavira on the founder's birthday. Shrines are visited. Teachings are reviewed and reflected upon. There are various regional customs and moon sightings that may cause variations to this date.
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March 30, 2010: Magha Puja Day, Buddhist Religious Holiday
Buddhist celebration of the presentation of teachings by Lord Buddha to and assembly of holy men. This is a primary holy day and may require some form of accommodation.
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March 30, 2010: Passover (Pesach), Jewish
This eight-day holiday commemorates the deliverance of the Jews from slavery in Egypt. The house is cleaned of all leaven, and throughout Passover Jews eat matza (unleavened bread), and are forbidden to handle, own, eat or derive benefit from any "leavened" product—anything that has yeast or could "rise" like bread. The highlight of Passover is the Seder meal on the first two nights, where extended families gather for a festive meal and the biblical story of the Exodus from Egypt is retold. The holiday begins at sundown on March 29, and the first two days (March 30–31) and last two days (April 5–6) are holy days. During these days (starting from the previous sundown), observant Jews are prohibited from doing "melacha", which translates roughly as "creative accomplishment", and includes turning lights on or off, driving, writing, using the telephone, handling money, or using a computer. The days are spent in synagogue prayer and family meals. Employers must accommodate Jewish employees by giving them time to leave work early to prepare for the holiday, and to take the holy days off. In the intermediate days work is permitted.
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April 1, 2010: Self-employed must register by April 1 to access special EI benefits in 2011
The legislation is now in force and self-employed people who wish to access special EI benefits can start paying into the employment insurance system and must register to do so by April 1, 2010. EI special benefits will be available starting in January 2011. If self-employed persons register after April 1, 2010, they will need to wait a full year (12 months) before they are eligible for EI special benefits. For more information, go to the Service Canada website.
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April 2, 2010: Good Friday, A Public and Christian Holiday
Employees get a day off with regular pay or public holiday pay (depending on the jurisdiction). 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 jurisdiction). For specific requirements for your jurisdiction, consult the Library section of HRinfodesk.
Good Friday is a movable religious holiday falling on Friday before Easter Sunday. Good Friday commemorates the crucifixion of Jesus, who Christian believe to be their Messiah and the son of the Most High. According to the Gospels, Jesus was put to death on the Friday before Easter Day to save mankind.
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April 28, 2010: Day of Mourning Across Canada
Day of Mourning is marked across Canada every April 28 to honour workers who have been
killed, injured, or become ill in the workplace. It was first declared by the Canadian Labour Congress in 1984. Employers are called to provide safe workplaces with appropriate safety equipment and, most importantly, with sufficient training for all workers. Workers must recognize that they have a right to a safe workplace, to educate themselves about safety issues in their industry and to speak up when conditions are not safe.
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Credit checks violated privacy rights
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Alberta Office of the Information and Privacy Commissioner recently decided that an employer violated a prospective employee's privacy rights when it required a credit check during the hiring process. In this case, the employer's purposes for collecting the information were to assess how applicants would handle the financial responsibilities as sales associates and whether the applicants were at risk of committing instore theft or fraud. The commissioner found that personal credit information was not reasonably required to assess the above work performance requirements, and that there were less intrusive ways to answer these questions. Thus, the employer violated the Privacy Act by requiring this information of prospective employees in this instance. [Article No. 32716]
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Tell your boss where to go
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Alberta government is starting an employment standards campaign called Tell your boss where to go that will run from February 22 to March 21, 2010, to help young and new workers understand their legal rights and obligations. [Article No. 32563]
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Employer's computer-use policy supports termination for cause
by Tina Giesbrecht, Erika Ringseis, and Barry B. Sookman, McCarthy Tétrault LLP
A well-drafted computer-use policy can provide evidence to uphold a termination for cause and can protect an employer from harassment claims, as recent case law illustrates. The Devon case is a goldmine of valuable hints and quotes for Alberta employers. It clearly supports the employer’s right to manage the workplace and enforce reasonable policies (in PDF). [Article No. 32497]
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| British Columbia |
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Employer entitled to clear information about accommodation
by Harris & Company, Labour and Employment Lawyers, December 2005
A recent arbitration award demonstrates that an employee seeking accommodation because of a disability must provide convincing, objective evidence that they can return to work safely (in PDF). [Article No. 32754]
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Budget 2010
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On March 2, 2010, the British Columbia government tabled its 2010 budget, which builds on the momentum of the Olympic and Paralympic Winter Games. On the road to economic recovery, renewed growth, prosperity and a balanced budget by 2013, BC will spend an unprecedented $40.6 billion over the next fiscal year, beginning March 31. The government forecasts a deficit of $1.7 billion. [Article No. 32717]
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Here's a tip for employers: look before you leap!
by Robert Smithson, Lawyer, Originally Published on Legal Ease
In the employment law world, wrongful dismissals eventually come down to a question of money. Looking at how much money a wrongful dismissal might cost in damages, before you leap into firing, is a good strategy for any employer (in PDF). [Article No. 32616]
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Human Rights Tribunal can decide on WorksafeBC's chronic pain policy
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On February 17, 2010, the British Columbia Court of Appeal confirmed that the Human Rights Tribunal had the discretion to hear three complaints alleging that WorksafeBC's chronic pain policy was discriminatory. The legislative scheme specifically recognizes that the tribunal could adjudicate these complaints even though another body had already dealt with the same matter. In addition, the tribunal's discretionary decision to hear the matter was not patently unreasonable, since it was not exercised arbitrarily or in bad faith; exercised for an improper purpose; based entirely or predominantly on irrelevant factors; or exercised with a failure to take statutory requirements into account. [Article No. 32604]
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Criminal record check law amended to protect 'vulnerable adults'
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
British Columbia has amended the Criminal Records Review Act to require individuals who work with "vulnerable adults" (including the disabled and the elderly) to face criminal record checks upon hiring and every five years thereafter. The law applies specifically to government-funded and regulated facilities, such as hospitals, nursing homes and relevant education institutions. It is the first such legal provision to protect vulnerable adults in Canada. In general, these legal provisions exist to protect children. [Article No. 32581]
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Wage & salary survey 2009
by Ministry of Advanced Education and Labour
Market Development (ALMD)
The British Columbia 2009 Wage & Salary Survey collected information on wages, hours of work, and skills shortages for more than one hundred of the province’s most common occupations (in PDF). [Article No. 32597]
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New requirements for snow avalanche assessment
by WorkSafeBC
New requirements for snow avalanche assessment came into effect on September 1, 2009, under section 4.1.1 of the Occupational Health and Safety Regulation. The new requirements apply to all workplaces where there is or may be a risk from a snow avalanche. This includes industries such as ski hills, heliskiing, back country and eco-tourism (e.g., snowmobile and mountain guiding, lodging), search and rescue, forestry, oil and gas, mining, power generation and transmission, land surveying, road construction, and property development (in PDF). [Article No. 32598]
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Working alone: A handbook for small business
by WorkSafeBC
This handbook is for employers who have employees working alone or in isolation. It explains how to identify and minimize the hazards for those employees and how to regularly check on their well-being (in PDF) [Article No. 32493]
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| Federally Regulated |
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Employer could not justify lack of accommodation
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Last November, the Federal Court upheld a decision of the Canadian Human Rights Tribunal that an employee suffered discrimination on the ground of disability because the employer was unable to demonstrate that it was incapable of fulfilling its duty to accommodate to the point of undue hardship under the law. [Article No. 32575]
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Overtime class action suit against Scotiabank can move forward
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On February 19, 2010, the Ontario Superior Court of Justice certified the overtime class action lawsuit against Scotiabank, allowing it to proceed and be heard. Justice Strathy released his reasons for the decision in favour of the plaintiff and the class, and determined that the case dealt with “systemic wrongs that give rise to common issues, the resolution of which would advance the claim of every class member.” In particular, he said a policy that placed the onus on the employee to get approval in advance for overtime they expected to work made it “difficult for employees to obtain fair compensation.” [Article No. 32562]
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Discrimination claim based on age and disability dismissed
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Canadian Human Rights Tribunal recently found that an employee who claimed her employer discriminated against her because of her age and disability could not show any discriminative action whatsoever on the part of the employer. The employee did not present evidence suggesting the employer used discriminatory policies or practices based on her age or disability. [Article No. 32556]
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| Manitoba |
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March 31, 2010: MB Payroll Tax Annual Report
Employers must report their annual remuneration reported on the T4 Summary(s) each year (including bonuses and taxable benefits) and remuneration subject to payroll tax included on the T4A Summary(s) and contributions made to an employees’ profit sharing plan. Include only the remuneration paid to employees with respect to your permanent establishment(s) in Manitoba, and any remuneration paid to employees who do not report to any permanent establishment, but are paid from or through a permanent establishment in Manitoba. This report is due on March 31 each year.
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| New Brunswick |
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April 1, 2010: NB Minimum Wage Increase
Effective April 1, 2010, the minimum wage increases by 25 cents to $8.50 per hour.
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| Newfoundland and Labrador |
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Labour mobility act comes into force
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
Effective June 30, 2010, the Newfoundland and Labrador Labour Mobility Implementation Act comes into force to allow certified workers from other jurisdictions to practise their occupations in the province. With the Act, Newfoundland and Labrador will join the provinces that have moved forward on the Agreement on Internal Trade. Among other effects, the Act will require regulators in the province to consider and apply chapter seven of the agreement when workers who are certified for an occupation in a signatory jurisdiction apply to obtain certification for that occupation in Newfoundland and Labrador. [Article No. 32576]
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| Northwest Territories |
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April 1, 2010: NT Minimum Wage Increase
The minimum wage in the Northwest Territories will increase on April 1, 2010 from $8.25 to $9.00 an hour.
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| Nova Scotia |
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April 1, 2010: NS Minimum Wage Increase
Effective April 1, 2010, the minimum wage increases by 6.9 percent to $9.20 per hour for experienced workers; for inexperienced workers the rate increases to $8.70 per hour.
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| Ontario |
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Employment protection for foreign nationals (live-in caregivers and others)
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario government gave royal assent to Bill 210, Employment Protection for Foreign Nationals Act (Live-In Caregivers and Others) on December 15, 2009. The provisions of the new Act will come into force on March 22, 2010, and will amend the Employment Standards Act.The Bill is intended to protect vulnerable workers from exploitation and make it illegal for anyone to "directly or indirectly" charge foreign caregivers a fee to work in Ontario. According to the government, in 2008 there were approximately 21,000 employees in Ontario who were part of the federal Live-In Caregiver Program. [Article No. 31516]
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Junior employees owe duty of good faith too
by Stephen B. Acker and Ariel Thomas, Fasken Martineau DuMoulin LLP
Employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employees to act in their employer’s best interests. It begins at the time of employment, and can last until after the employment relationship has ended (in PDF). [Article No. 32772]
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Employer's duty of good faith
by Craig Stehr, Nelligan O'Brien Payne LLP
In its recent decision, Brien v. Niagara Motors Limited, the Ontario Court of Appeal reviewed the duty of employers to act in good faith at the time of termination. Despite recent developments in the law, employers continue to have a duty of good faith toward employees in the manner of dismissal (in PDF). [Article No. 32755]
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2010 Speech from the throne
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On March 8, 2010, the Ontario government opened the second session of the province's 39th Legislative Assembly. The speech indicates that the government intends to implement a five-year plan that will help businesses strive, create jobs, balance the budget, strengthen the economy by exporting clean-water technology, and strengthen postsecondary education for all Ontarians to develop a higher skilled workforce. The Open Ontario Plan will specifically: [Article No. 32728]
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Failing to investigate sexual harassment complaints
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Human Rights Tribunal recently found that a manager repeatedly sexually harassed an employee and her co-workers, when he knew or ought to have known, that his conduct was inappropriate. Furthermore, the tribunal held the employer equally responsible for failing to take the complaint seriously, and not conducting a reasonable investigation into the employee's complaint of sexual harassment. [Article No. 32718]
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Court of Appeal affirms existence of 'dependent' contractors
by Craig Stehr, Nelligan O'Brien Payne LLP
It is well-established in employment law that employees are entitled to reasonable notice prior to their termination, but independent contractors are not. There has been some controversy over whether a third category of “dependent contractor” exists and, if so, whether dependent contractors are entitled to reasonable notice (in PDF). [Article No. 32610]
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ON fact sheet: Protecting workers from workplace violence and harassment
by Ministry of Labour, Occupational Health and Safety Division
The Ontario government is in the process of preparing resource materials to help employers and employees with the changes to the Occupational Health and Safety Act (OHSA) regarding workplace violence and harassment prevention. The first such resource is a fact sheet that provides an overview on the new rules that address workplace violence and harassment that will apply to all workplaces covered by the OHSA on June 15, 2010 (in PDF). [Article No. 32618]
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ON fact sheet: What vehicle body repair shops need to know
by Ministry of Labour Occupational Health and Safety Division
The Ministry of Labour’s proactive inspections for sector-specific hazards are designed to raise awareness and increase compliance with health and safety legislation and reduce workplace injuries and disease. Workplaces that operate as vehicle body repair facilities expose workers to potentially serious physical hazards and occupational illness (in PDF). [Article No. 32619]
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Ergonomics: pains and strains in the workplace tool
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
On February 26, 2010, the Ontario Ministry of Labour released an interactive online tool to help employers and employees find out more about musculoskeletal disorders (MSDs) and repetitive strain injuries and find effective solutions to help prevent ergonomics related hazards. The tool provides information on how to recognize signs and symptoms of MSDs, and suggests what to do about reducing the hazards associated with pains and strains in the workplace. [Article No. 32606]
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Blitz results: Electrical hazards in construction
by Ministry of Labour
During October 2009, Ministry of Labour occupational health and safety inspectors throughout Ontario made 578 visits to construction workplaces and issued 1,389 orders, including 94 stop-work orders. Ten percent of orders issued related to electrical hazards, including authorization to carry out electrical work under the Trades Qualification and Apprenticeship Act (in PDF). [Article No. 32600]
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Mandatory training and testing for private security industry
by Ministry of Labour
New requirements for the training and testing of security guards and private investigators working in Ontario will establish higher professional standards. A new basic Training and Testing Regulation, under the Private Security and Investigative Services Act will include the following important amendments (in PDF). [Article No. 32601]
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Employees entitled to pay while on call
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Labour Relations Board recently confirmed the decision of an Employment Standards Officer when it decided that two security guards were in fact “working” when they were required to be on the employer's premises, on call, even though they performed no actual work. [Article No. 32577]
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Whistleblowing claim to be grieved, not heard in court
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In January 2010, the Ontario Court of Appeal made an interesting decision in a case that saw a whistleblowing employee face retaliation from his director. The Court confirmed that the employee's allegations of mistreatment should be grieved, not heard in court. It was clear from the governing legislation and collective agreements that a workplace dispute was to be addressed via the existing grievance procedure. There was no legislative gap to fill using the Court's residual discretion. [Article No. 32578]
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Reinstatement in comparable position
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Labour Relations Board decided in a recent case that an employer did indeed reinstate an employee returning from her pregnancy leave in a comparable position as required by law, because her previous position was no longer in existence. When considering job location, hours of work, quality of the working environment, degree of responsibility, job security and possibility of advancement, and prestige and prerequisites, the job was comparable. She was also paid at her previous rate, despite the fact that she would no longer be able to earn a small bilingual premium. [Article No. 32557]
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Health and safety order rescinded
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Labour Relations Board recently determined that a health and safety inspector's order regarding an employer's worksite was not valid, and subsequently rescinded the order. The board found that, in this case, the employer's implementation of a spotter system complied with the order. [Article No. 32558]
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Managerial employee with non-managerial work
by Christina Catenacci LL.B., Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The Ontario Labour Relations Board recently awarded overtime and vacation pay to a manager whose work included both managerial and non-managerial duties. Since the employee's non-managerial work exceeded 50 percent of his working hours, this arrangement resulted in the employer owing him overtime and vacation pay for those hours worked, as outlined in Employment Standards regulation. [Article No. 32559]
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Public sector salary disclosure 2010
by Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
The guides and forms that public Ontario organizations need to comply with their salary disclosure requirements for 2009 are now available on the Ontario government website. These forms must be filed on or before March 31 of every year. In addition, the Public Sector Salary Disclosure Act regulations were amended on January 21, 2010. [Article No. 32560]
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Before we really know for sure…
by Andrew Lawson, Workplace Human Rights Expert, Learn Don’t Litigate
In my experience as a workplace human rights consultant and educator, I see this happen all the time: managers often make decisions based on what they believe to be true, what they have heard or what their instincts tell them (in PDF). [Article No. 32494]
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March 15, 2010: ON Employer Health Tax Return
EHT Annual Returns must be received by the Ontario Ministry of Revenue, and the required payment made, by the March 15 due date. If March 15 falls on a weekend or a public holiday, the following working day is the due date.
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March 31, 2010: ON Minimum Wage Increase
Effective March 31, 2010, the general minimum wage increases from $9.50 to $10.25. For employees under 18 years of age and hours less than 28/wks to $9.60. For liquor servers to $8.90.
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March 31, 2010: ON WSIB Reconciliation Form Filing Deadline
Ontario employers must file the Reconciliation Form with the WSIB by March 31 each year. The WSIB sends a Reconciliation Form to all employers who pay their premiums monthly. The WSIB uses the form to compare the employer’s actual earnings for the previous year with the amounts the employer reported monthly throughout the year.
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Changes, bigger fines coming to health and safety regime
by Adam Gorley, Assistant Editor, HRinfodesk.com---Canadian Payroll and Employment Law News
In June 2009, Quebec's National Assembly passed a bill amending the Act respecting occupational health and safety (OHSA), the Act respecting industrial accidents and occupational diseases and other acts. The goals of these amendments were increasing fines for offences under the Act, simplifying the calculation of employers' workplace safety premiums, expanding the benefits of workers who die on the job and basing benefits on actual earned salaries and not the minimum wage. The amendments come into full effect January 1, 2011. The existing fines doubled on January 1, 2010. [Article No. 32774]
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New experience class immigration program
by Knotia, a service provided by Ernst & Young Electronic Publishing Services Inc., and the CICA
The Quebec government has just implemented a new immigration program to allow for faster processing of permanent residence applications of candidates who meet specific requirements (in PDF). [Article No. 32775]
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Court of Appeal recognizes that vacation granted 'by anticipation' to employees is not a gift and puts an end to 'double dipping'
by Stikeman Elliott LLP
It appears that a recent Court of Appeal decision may have put an end to the receipt by certain employees of “double compensation” with respect to vacation time granted from the start of their employment. In the case in question, the Commission des normes du travail was claiming statutory vacation pay on behalf of two employees from their employer, Nestlé Canada Inc. (In PDF) [Article No. 32612]
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March 15, 2010: QC CSST Statement of Wages Due
Employers in Quebec are required to complete and return their 2009–2010 statements of wages before March 15, 2010. If you file your statement late, you will be required to pay charges equal to five percent of your premium or assessment for 2010 and, for every day past the deadline, you will be charged interest on the premium or assessment owing and interest on the five percent charge. For more information, click here (in PDF). Payments for premiums or assessments are not payable before April 20, 2010.
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| Saskatchewan |
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Businesses encouraged to share ownership with employees
by Government of Saskatchewan
Under the Employee Investment Program, the government is encouraging employees to invest in their places of work by registering an employee fund and receive a 20 percent provincial tax credit and a 15 percent federal tax credit on the first $5,000 they contribute each year (in PDF). [Article No. 32499]
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March 31, 2010: SK Mandatory test for workers under the age of 16
A mandatory test for workers under the age of 16 in Saskatchewan to show they are ready to be on the job will come into effect on March 31. A "work readiness certificate" will be issued before being employed. The test can be completed online.
The Saskatchewan government require youths aged 14 and 15 to meet a number of conditions for employment including parental consent, limits on hours and work times and completion of a certificate focusing on occupational health and safety and employment standards. Workers aged 14 and 15 who have already been hired will be expected to complete the certificate once the regulation is in effect (March 31). The government would not provide a deadline for compliance but said ultimately businesses that employ 14 and 15 year olds without the certificates will be in violation of the regulations and could be subject to fines. Additional information can be found at www.aeel.gov.sk.ca/ywrcc.
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| Yukon |
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WCA – return to work provisions
by Christina Catenacci LL.B., Assistant Editor for Hrinfodesk - Canadian Payroll and Employment Law News
The Yukon government has proclaimed section 41 of the Workers' Compensation Act, in force on January 1, 2011. The new changes to the Act include the requirement for early recovery and return-to-work provisions. [Article No. 25437]
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April 1, 2010: YU Minimum Wage Increase
As of April 1, 2010, the Yukon Minimum Wage will be $8.93. Each April 1, the Minimum Wage is adjusted based on the previous calendar year's Consumer Price Index (Whitehorse).
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