The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who choose to remain in the workplace, combined with the elimination of mandatory retirement across Canada, has put into question the issue of the termination of benefits after an employee reaches the age of 65.

While most employers routinely terminate benefits at age 65, the changing workforce demographic has created a demand for benefits coverage for older workers. However, providing benefits to employees past the age of 65 can be difficult because insurers either will not provide the coverage, . . . [more]

Cannabis aficionados can start making their travel plans now after the Ontario government has officially opened the province’s doors for cannabis tourism.

In late April, the provincial government quietly drafted and filed Ontario Regulation 325/18 made under the Provincial Cannabis Act, 2017. No public announcement was made after the Regulation was filed, and its existence for most people did not come to light until recently when it was printed in the Ontario Gazette on May 12, 2018.

Although short (only 9 sections), the Regulation is an important one as it deals with restrictions and exemptions on places of cannabis . . . [more]

On May 9, 2018, the Quebec government published its criteria for reasonable accommodation under an Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies (the Act, previously Bill 62) that requires among other things, Quebecers to leave their faces uncovered in order to provide or receive public services.

Under the Act, employees and members of public bodies and certain other bodies, as well as elected persons, must exercise their functions with their face uncovered. In addition, persons who request a service from one of . . . [more]

Last month the Canadian Federation of Library Associations (CFLA-FCAB) issued a position statement on the treatment of indigenous knowledge in Canada’s Copyright Act. This three page position paper was prepared by the Indigenous Knowledge Protection Working Group operating under the CFLA-FCAB Indigenous Matters Committee. It provides background information, an analysis and a recommendation.

The issue, as framed in this paper, is as follows:

“Canada’s Copyright Act does not protect Indigenous knowledge, which may be found in published works as a result of research or appropriation. In Canadian law, the author of a published work holds the legal copyright

On May 7, 2018, the Ontario government filed Ontario Regulation 375/18 under the Employment Standards Act, to change temporarily how public holiday is to be paid and calculated. In essence, the government is reverting back to the old formula that was in place before the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) came into force January 1, 2018. . . . [more]

In my last blog post I talked about the new privacy breach notification requirements coming under PIPEDA this November 1. I said that perhaps the most challenging aspect is a requirement to maintain a “record of every breach of security safeguards involving personal information under its control.”

Why is that so challenging?

Many large companies already have this kind of procedure in place. But most business do not. Maintaining a record sounds easy. But this is not so simple when you think it through. First, the business must create a procedure and educate its staff to recognize breaches and report . . . [more]

On April 12, 2018, the British Columbia government granted third reading to Bill 6, Employment Standards Amendment Act, 2018 to better support working families by providing new, extended and more flexible maternity, parental and compassionate care leaves. The Act comes into force on the day it receives royal assent. Specifically, when enacted, the Bill will: . . . [more]

The federal Standing Committee on Health is recommending a single-payer, universal prescription drug plan for Canada. The recommendation came in its report Pharmacare Now: Prescription Medicine Coverage for all Canadians (in PDF), tabled in the House of Commons on April 18, 2018. . . . [more]

The Ontario government is updating the accessible employment standards to make employment more accessible to people with disabilities. Consequently, the Employment Standards Development Committee would like to get interested stakeholders and the public’s feedback on the initial recommendations to the 2018 Review of the Employment Standards under the Accessibility for Ontarians with Disabilities Act (AODA).

The following is the Employment Standards Development Committee’s initial advice and recommendations on the initial proposed Employment Standards, itemized and organized by focus area, and some thoughts. . . . [more]

Effective Nov 1, 2018, businesses that have a privacy breach must give notice of the breach under PIPEDA – the privacy legislation affecting the private sector in most Canadian provinces. The final regulations containing the details are about to be published.

Here are the highlights.

When do I have to report?

If there is a privacy breach that “creates a real risk of significant harm to an individual”. That includes bodily harm, humiliation, damage to reputation, financial loss, identity theft. Risk factors to decide the reporting threshold are provided. The report must be made “as soon as feasible after the . . . [more]

On March 22, 2018, the Quebec government introduced Bill 174: An Act mainly to relax the parental insurance plan to promote better family-work balance. If enacted, this Act comes into force on the date of assent, except section 12, which comes into force on the date to be set by the Government.

The main changes in the Bill include:

1. Maternity benefits

• Increase the period, currently 18 weeks, to 25 weeks, within which maternity benefits can be provided following the birth of a child.
• Increase the number of weeks of maternity benefits for a multiple pregnancy. In the event of

On March 20, 2018, the Quebec government tabled Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance to facilitate work-family balance and to modernize and reform Quebec labour standards. Labour Minister Dominique Vien said, "The many proposed changes take into account the new realities of workplaces, such as the changing family patterns, the aging population and ensuing retirements, and would encourage the retention of staff in a context of scarcity of labour." Measures in the Bill include: . . . [more]