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Archive for ‘Substantive Law: Legislation’

Ontario Civic Holiday a “Stat Holiday”: Think Twice…

The upcoming Civic Holiday is celebrated on Monday, August 3 in Ontario. The holiday, which was created in honour of John Graves Simcoe, the first Lieutenant Governor of Upper Canada, often raises questions for employees and employers alike. Contrary to popular belief, the Civic Holiday is not a statutory holiday in Ontario; it is not listed as a public holiday in the province’s Employment Standards Act. This means that while many employers choose to give their employees a holiday, they are not required to do so by law.

A number of other provinces also have a public holiday, . . . [more]

Posted in: Substantive Law: Legislation

“It’s Summertime and the Living Is Easy” and the Contracts Are Short…

Summer is definitely here in Ontario and with the warm weather comes an uptick in seasonal and fixed-term employment. Ontario students seek summer employment and seasonal operations such as golf courses and amusement parks hire additional staff. These types of seasonal arrangements often lead employees to wonder when, if ever, a fixed-term contract converts into indefinite employment and what that means (usually an entitlement to reasonable notice of termination).

The short answer is that it depends on the reasonable expectations of the parties. While the law varies from province to province (and can be quite different in Quebec), Canadian . . . [more]

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

Bill C-377 Is Back: Unions to Be Required to Make Financial Disclosures in Canada

A controversial Private Members Bill that will have a direct impact on unions across Canada is currently working its way through Parliament. Bill C-377, which was passed by the Senate last week, will require unions to essentially open their financial books to the public.

Included in the Bill is a requirement for unions to disclose: a yearly balance sheet indicating their assets, liabilities, income and expenditures; the details of all transactions over $5,000, including the name and address of each party, a statement regarding the purpose of the transaction, and a description of each transaction; a statement indicating the total . . . [more]

Posted in: Substantive Law: Legislation

Be Heard: The Ontario Ministry of Labour Wants to Hear From You!

Public consultations commenced in Toronto on June 16th as part of the Ontario Ministry of Labour’s (“MOL”) implementation of the Changing Workplaces Review, and are expected to continue throughout the summer until mid-September.

The Changing Workplaces Review was announced earlier this year as part of MOL’s mandate to increase protection for workers and create a support environment for businesses to thrive. The review will consist of public consultations in regions across Ontario to address the changing nature of the modern workplace. The consultations will focus on potential amendments to the Labour Relations Act, 1995 (“LRA”) and the Employment . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

Accessibility Action Plan Outlines Incentives, Tools

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Digital Privacy Act Amends PIPEDA

Several amendments were made last week to PIPEDA, the federal private sector privacy legislation. This has been sitting around in draft for a long time. Except for sections creating a new mandatory breach notification scheme, the amendments are now in force. The breach notification scheme requires some regulations before it comes into effect. More on that at the end of this post.

Several of these changes were long overdue, and bring PIPEDA more in line with some of the Provincial Acts that were drafted after PIPEDA.

Here are some of the highlights that are in force now:

  • The business contact
. . . [more]
Posted in: Substantive Law: Legislation

Province Introduces Legislation That Would Protect Whistleblowers From Reprisal, Prevent Disclosure of Identities

On June 11, the Manitoba government introduced proposed amendments to the Public Interest Disclosure Act to protect whistleblowers from reprisal, prevent disclosure of identities and give designated officers greater powers to investigate wrongdoing. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario to Outlaw Phantom Real Estate Bids

Starting July 1, 2015, real estate professionals in Ontario will not be allowed to imply that they have received an offer to purchase unless the offer is in writing and has been signed. The new rules, which have been established by the Liberal government and the Real Estate Council of Ontario (RECO), are designed to eliminate the possibility of phantom bids in multiple offer situations.

It will no longer be open to agents to try to drive up the sale price by saying that they have, or are expecting, another offer that in reality does not exist.

Although the existing . . . [more]

Posted in: Substantive Law: Legislation

New Criminal Background Check Legislation Introduced in Ontario

New legislation has been introduced to impose strict regulations on what information can be released in a police record check. Ontario’s Minister of Community Safety and Correctional Services, Yasir Naqvi, presented Bill 113, the Police Record Checks Reform Act, into the provincial legislature this week. Mr. Naqvi stated that “the main thrust of the legislation is to strictly limit the disclosure of non-conviction information and prohibit the disclosure of non-criminal information such as mental health information”.

This new legislation comes as a response to criticisms of the release of non-criminal information creating barriers for people’s education, employment, volunteering, and other . . . [more]

Posted in: 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