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Archive for ‘Substantive Law: Legislation’

Ontario Ministry of Labour Blitz

Ontario’s Ministry of Labour made headlines last week when they began an annual blitz on potentially abusive employers. The purpose was to target employers who take advantage of workers by failing to adhere to the requirements outlined in the Employment Standards Act. The targeted industries, according to the Ministry, include fitness and recreation, restaurants and janitorial services. The Ministry’s goal is to hold employers accountable for respecting employee entitlements such as minimum wage, eating periods and overtime pay.

The crackdown comes on the heels of amendments to the Employment Standards Act that came into force recently. The amendments, which stem . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Web Site Accessibility Standards in Ontario

The Regulation on Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (AODA) provides, in s. 14, that ‘large organizations’

‘shall meet the requirements of this section in accordance with the following schedule:
1. By January 1, 2014, new internet websites and web content on those sites must conform with WCAG 2.0 Level A.’

Are your clients or other large organizations you know of complying with this obligation? Have they sought your advice on how to comply?

I ask not in order to send in the forces of order (‘not my department’, as we say in government), but . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

WSIB Proposing Significant Changes for Employers

Ontario’s Workplace Safety and Insurance Board (WSIB) is proposing significant changes to the employer Rate Group Classification System and premium rate-setting processes. Consultations are underway, and the board expects to start implementing the proposed changes starting in 2018, with full implementation by 2021. The “Proposed Preliminary Rate Framework” aims to simplify the system and make it fairer. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Privacy Torts as the Next Best Alternative

Which laws exist to protect patients from snooping eyes of health care providers?

Disciplinary hearings were held over the past few weeks in Ontario for nurses who looked at patient files without authorization. Despite the knowledge of several of these instances, there has never been a successful conviction of the Personal Health Information Protection Act (PHIPA) since coming into force a decade ago, and some people are starting to ask why.

One of the major challenges is the regulatory regime itself, which is particularly unwieldy and requires prosecution by the Attorney General. The Health Minister has already promised to simplify . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Legislation

Manitoba’s Legal Landscape Is Changing

The prairie landscape is notorious for its endless horizons, enabling the traveller to see far ahead. This long view is evident in recent changes proposed to regulation of the legal profession in Manitoba, changes that are clearly oriented toward the future.

As reported on Canadian Lawyer’s Legal Feeds blog last week, the Manitoba government on May 7, 2015 introduced a number of amendments to The Legal Profession Act.

The proposed amendments included in Bill 19 include:

  • Altering the composition of the governing body of benchers
  • Amending the definition of a law firm
  • Permitting the regulation of law firms
. . . [more]
Posted in: Practice of Law: Future of Practice, Substantive Law: Legislation

Catastrophic Changes in Ontario Budget for Motor Vehicle Injuries

When Ontario made wide-sweeping changes to automobile insurance and personal injury law in 2010, the intent was to reduce insurance premiums for the public. Although insurance companies did save money, much of these savings were not passed on to the consumers.

The amount of claims observed in Ontario did decrease in this period, but still remain the highest in the country. In 2006, accident benefits claims were $331, and rose to $588 per insured vehicle in 2009. This dropped down to $313 per vehicle in 2013 after the reforms.

 

Following the 2014 Cunningham Report, many anticipated that further . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Royal Baby Signals the End of Primogeniture

I’m not one much for the hype around royal babies, who as of now remains unnamed, but this one has some special significance for Commonwealth nations. The birth of the baby girl yesterday to Prince William and Kate Middleton signals the first royal born since the enactment of new succession laws in the U.K.

The Succession to the Crown Act 2013 ended the centuries-old practice of primogeniture. This can be traced in law to the Act of Settlement 1701, which states,

The Princess Sophia, Electress and Duchess Dowager of Hanover, Daughter of the late Queen of Bohemia, Daughter of

. . . [more]
Posted in: Substantive Law: Legislation

The Unasked Issue in the Benchers’ Election

Our non-Ontario readers will be thrilled that in an hour the polls close and you won’t have interminable discussions about Ontario’s election and its implications. This post responds to and builds on Mitch’s prescient post from 18 months ago, and Alice Woolley and Alan Cliff’s posts which dealt with the Ontario Benchers’ Election which wraps up today at 5 PM

My focus isn’t on the substantive issues that Alice focused on yesterday but rather on an underlying governance issue that no-one appears to be talking about. It’s about convocations, cabinets and the tyranny of geography

What are the most . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Future of Practice, Substantive Law: Legislation

Federal Budget 2015–16: Measures of Interest to Employers

Federal Minister of Finance Joe Oliver tabled Economic Action Plan 2015 (Budget 2015–16) on April 21, 2015. The Canadian government’s balanced budget proposes a low-tax plan for jobs, growth and security, and projects a surplus of $1.4 billion in 2015–16. There are no individual tax rate or tax bracket changes in this budget. Highlights of the budget of interest to employers and payroll specialists include the following.

Modernizing the Canada Labour Code

Budget 2015 proposes to introduce amendments to the Canada Labour Code (CLC), which applies to federally regulated employers. These amendments would:

  • Add protections for paid and unpaid interns,
. . . [more]
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Commissioners of Oaths in Alberta Have New Rules

Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and commissioning documents clear and to provide a way to deal with any problems that crop up, among other things. The Notaries and Commissioners Act SA 2013, N-5.5 will come into force on April 30, 2015.

All notaries in Alberta are also commissioners, so combining the legislation makes sense.

The new legislation does contain some changes for commissioners:

Old legislation: commissioners appointments (if . . . [more]

Posted in: Substantive Law: Legislation

Court Confirms Homeowners Lose Warranty Rights Upon Sale of House

A panel of three Divisional Court Judges have affirmed that when a homeowner sells their home, they lose their standing to maintain a Tarion warranty claim under the Ontario New Home Warranties Plan Act (the “Act”).

Ms. Blair took possession of her new condominium townhome in February, 2010. Thereafter she made a complaint to Tarion about insufficient heating in the home. Ultimately, Tarion ordered that duct modification work was required in all nine townhouse units in the complex.

Ms. Blair installed a gas fireplace in her home without Tarion’s approval (to address the heating issue) and claimed compensation for the . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Substantive Law: Legislation