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Features For The Week of May 5, 2008
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Reported News and Articles by Jurisdiction
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| National |
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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| Alberta |
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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.
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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.
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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.
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| British Columbia |
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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.
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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.
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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.
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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.
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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.
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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.
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| Manitoba |
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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.
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| Newfoundland and Labrador |
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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.
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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.
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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:
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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:
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| Nova Scotia |
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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.
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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.
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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:
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| Ontario |
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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.
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| Prince Edward Island |
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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:
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| Saskatchewan |
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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.
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