LEGISLATIVE UPDATE. Ontario Legislation

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1 Page 1 of 7 January 1, 2008 M A R C H B Y: P A U L B R O A D LEGISLATIVE UPDATE This Update follows the progress of a selection of recent Ontario and federal legislation, proposed legislation and legislative reform initiatives related to human resources law and advocacy, to early March New items and changes to the status of existing items are indicated by the notation. Ontario Legislation The Legislature resumed its regular sitting on February 17, The Legislature had met for five days in January to pass Bill 145, the York University Labour Disputes Resolution Act, 2009, bringing to an end the strike at York University. A. Recent Legislation and Proclamations None to report at this time. B. Proposed Legislation 1. Government Bills Bill 154, Employment Standards Amendment Act (Organ Donor Leave) 2009 This Bill would establish a new ESA leave of absence for organ donors. The new leave would apply to the following organs: kidney, liver, lung, pancreas, small bowel or prescribed organ or tissue. Employees would be required to give at least 2 weeks written notice of the leave, if possible. Employers can request a certificate from a legally qualified medical practitioner verifying the surgery, though the donation need not occur in Ontario. Furthermore, there is no requirement that the donation be to a relative of the employee. The leave will last for 13 weeks, unless

2 another time is prescribed by regulation. Furthermore, the leave can be extended by up to 13 more weeks. This leave will enjoy all of the same general protections afforded to ESA leaves, including benefit continuance, reinstatement and protection from reprisals. Finally, the leave will be in addition to any entitlement to personal emergency leave days under the ESA. Page 2 of 7 Bill 154 was introduced at First Reading on March 2, 2009, and is currently undergoing Second Reading debate. Bill 139, Employment Standards Amendment Act (Temporary Help Agencies), 2008 This Bill would amend the Employment Standards Act, 2000 to create a new part applicable to temporary help agencies, employees of temporary help agencies and clients of the agencies. Among other things, the new provisions would: address the calculation and payment of termination and severance pay; establish a number of prohibited acts and fees that an agency could not engage in or charge; and establish information requirements. The Bill is being accompanied by regulatory changes that will have the effect of eliminating exemptions for elect to work employees from public holiday pay, termination pay and severance pay. Bill 139 was introduced at First Reading on December 9, It received Second Reading on March 2, 2009, and has been referred to the Standing Committee on the Legislative Assembly. The Committee will be holding hearings into the Bill on March 25, The Bill will come into force 6 months after the date on which it receives Royal Assent. Bill 133, Family Statute Law Amendment Act, 2008 This Bill is intended to make a number of changes to family law matters. Of interest to employers, the Bill would clarify the treatment of pensions in family law disputes, and would make changes both to the Family Law Act and the Pension Benefits Act to achieve these goals. At its most basic, the changes will establish the manner to calculate the net family law value of a person s interest in a pension plan, and will then set rules on the types of orders a family law court or other decision-maker can make with respect to the division of an interest in a plan.

3 The most notable change to be effected by Bill 133 is the introduction of a scheme of immediate settlement, under which a plan member s former spouse can immediately receive his or her share of the member s pension. This replaces the current scheme of deferred settlement under which a member s pension cannot be divided until retirement or termination. Page 3 of 7 Bill 133 was introduced at First Reading on November 24, It received Second Reading on February 25, 2009, and has been referred to the Standing Committee on Social Policy. Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2008 This Bill would prohibit the presence in a vehicle of a television, computer or other device with a display screen if the display screen is visible to the driver. It would also prohibit the holding or use of hand-held wireless communication devices and electronic entertainment devices. The display screen prohibition does not apply to global positioning system navigation devices, commercially-used logistical transportation tracking systems, collision avoidance systems or instrument display screens providing information regarding the status of systems in the vehicle. The hand-held device prohibition does not apply to the use of such devices in hands-free mode, nor does it apply if the vehicle is stopped off the travelled part of a road and is not obstructing traffic. Neither prohibition applies to ambulance, fire or police services. Furthermore, the hand-held device prohibition does not apply if the driver is contacting ambulance, police or fire department emergency services. Bill 118 was introduced at First Reading on October 28, It received Second Reading on November 27th, and has been referred to the Standing Committee on General Government. Bill 108, Apology Act, 2008 The Government introduced a Bill to implement new apology legislation. The purpose of the Bill is to ensure that an apology made by or on behalf of any person in relation to any matter would not be considered an admission of liability or fault, and would not affect any insurance coverage available to a person in relation to the matter. This would not apply

4 to proceedings under the Provincial Offences Act. The Bill would also make the apology inadmissible in civil, administrative or arbitration proceedings as evidence of fault or liability. The rule against inadmissibility would not apply to criminal or Provincial Offences Act proceedings. Page 4 of 7 At the Committee stage, the Bill was amended to provide that the rule against inadmissibility would also not apply where the apology was made while a witness was testifying (including in out of court examinations), for the purposes of the proceeding in which the testimony was given. The Bill was also amended to address its impact on section 13 of the Limitations Act, 2002 (which deals with the legal effect of acknowledgements for certain types of claims). Finally, the Bill would not affect the use that may be made in proceedings of convictions for criminal or provincial offences. Bill 108 was introduced at First Reading on October 7, The Bill received Second Reading on October 23, It was amended by the Committee, and reported back to the Legislature on March 2, 2009, and has been ordered for Third Reading. 2. Private Members Bills Any Private Member of the Legislature may introduce a Private Member s Public Bill (i.e. a Bill that would amend the general laws of the province). Historically, however, these Bills very rarely receive Third Reading and Royal Assent. We have listed below some current Private Members Public Bills of interest to employers that have progressed through the legislative process at least as far as the Committee Stage. Bill 6, Employment Standards Amendment Act (Wage Security), 2007 The Bill would amend the Employment Standards Act, 2000 to establish the Employee Wage Security Program and provide for the appointment of a Program Administrator. Bill 6 was introduced at First Reading on December 4, It received Second Reading on December 6, 2007, and has been referred to the Standing Committee on General Government.

5 C. Regulations Workplace Safety and Insurance Act, 1997 The Government passed a regulation permitting one partner in a partnership carrying on construction work or one executive officer of a corporation carrying on construction work to be exempt from the new sections relating to insurance coverage. This will occur if the partner or executive officer performs no construction work and a Declaration is filed with the Board. Page 5 of 7 See O. Reg. 47/09, Construction Sector Exemptions (Partners and Executive Officers, published in The Ontario Gazette, Vol (Saturday, 28 February 2009). Education Act Professional Activity Days The Government passed a regulation that, among other things, amends the schedule of Topics for Professional Activity Days. In addition, the Government amended of regulations relating to Grants for Student Needs for a number of school years. See O. Reg. 15/09, amending Reg. 304 ( School Year Calendar, Professional Activity Days ), published in The Ontario Gazette, Vol (Saturday, 14 February 2009). The regulations relating to Grants for Student Needs were published in the same volume of the Gazette. Occupational Health and Safety Act The Government published a number of French versions of existing regulations, and, in some cases, made minor amendments to the English text as well. The regulations are: Joint Health and Safety Committees Exemption from Requirements; Training Programs; Needle Safety; Criteria to be Used and Other Matters to be Considered by Adjudicators under Subsection 46(6) of the Act; Confined Spaces; Firefighters Protective Equipment; and Health Care and Residential Facilities. See O. Reg. 19/09 to 25/09, published in The Ontario Gazette, Vol (Saturday, 14 February 2009). Child and Family Services Act Similarly, the Government published French versions of the General and Register regulations under this statute.

6 See O. Reg. 30/09 and 31/09, published in The Ontario Gazette, Vol (Saturday, 14 February 2009). Page 6 of 7 D. Legislative Reform Initiatives None to report at this time. Federal Legislation Parliament began a new session on January 26, A. Recent Legislation and Proclamations None to report at this time. B. Proposed Legislation 1. Government Bills Bill C-10, Budget Implementation Act, 2009 The Federal Government introduced a Bill to implement the Budget tabled at the outset of the new session of Parliament. Among the highlights of the Bill are: relief for sponsors of federally-regulated pension plans; Employment Insurance (EI) enhancements; and expansion of the Wage Earner Protection Program. Bill C-10 would also enact the Expenditure Restraint Act, which would impose caps and other restrictions on wage increases for the federal public sector. The Bill would also enact the Public Sector Equitable Compensation Act, which would establish a pay equity regime for the federal public sector. More detailed information on the Budget may be found in our FTR Now, Federal Budget 2009, which is available on our website at:

7 Page 7 of 7 Bill C-10 was introduced at First Reading on February 6, It received Second Reading on February 12th, and was considered by the Standing Committee on Finance. It was reported without amendment and received Third Reading on March 4, It is now being considered by the Senate, where it has received First and Second Reading, and has been referred to the Standing Committee on National Finance. The articles in this Client Update provide general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP.