A look at legislation passed and proposed in the last few months
It’s back to school for students, and back to a more steady work routine for Canadians who’ve taken some summer time off. To get HR professionals ready for the fall, here’s a look at legislation passed and proposed during the last few months. Workplace health and safety was a recurrent theme.
Federal
On June 12, the federal government introduced amendments to the Criminal Code in Bill C-45, An Act to Amend the Criminal Code (Criminal Liability of Organizations) that would hold organizations, including corporations, criminally liable for the acts of their representatives that endanger their workforce. It would also establish a legal duty for all persons directing work (officers, directors, partners and employees) to take reasonable steps to ensure worker safety.
Bill C-28, the Budget Implementation Act, 2003, introduces a new type of special benefits. The bill, which received royal assent June 19, provides for six weeks of compassionate leave benefits for families to share. It also establishes the medical proof required to receive such benefits, as well as the period during which benefits may be paid, among other things.
The section of the bill related to compassionate-care leave will come into force on a date to be fixed by order of the Governor in Council. The bill makes several amendments to other acts, including amendments to the Income Tax Act that increase retirement savings plan limits.
Alberta
The Alberta government has passed an amendment to the Employment Pension Plans Regulation to allow individuals with locked-in pension accounts to access their locked-in funds for situations of financial hardship. The amendment does not apply to funds in Registered Pension Plans (RPPs).
Prior to the amendment, employees who left a pension plan and purchased a locked-in pension account, could not access that money until they retired. Applicants must supply documents that support their situation along with the most recent copies of the locked-in account statements.
British Columbia
The British Columbia Ministry of Skills Development and Labour proposed changes to two key pieces of labour legislation on May 5.
Bill 37, the Skills Development and Labour Statutes Amendment Act, 2003, would alter the current Workers’ Compensation Act to ensure all surviving partners of workers who die from workplace injuries receive lifetime survivor benefits. Compensation levels will reflect the difficulty older workers may have in entering the workforce after the unexpected death of a partner.
Bill 37 would also amend the Employment Standards Act to prohibit employers from using earnings from one pay period to top up another pay period where the employee does not earn minimum wage.
It would also eliminate the six-month time limit employers must currently comply with in respect of banking and overtime wages. Employers are currently required to pay out overtime wages, credit them to an overtime bank or grant time off with pay within six months of overtime being incurred by an employee.
New Brunswick
Effective Jan. 1, 2004, the minimum wage in New Brunswick will increase to $6.20 per hour from $6.
Northwest Territories
Bill 23, An Act to Amend the Safety Act, was introduced on June 17. The Bill proposes changes to workplace safety rules by amending the Safety Act to:
•clarify the definitions of employer and worker;
•provide for the establishment of safety programs;
•amend the provision relating to disclosure of information, in recognition of the Access to Information and Protection of Privacy Act;
•enable safety officers to issue directions to address potential dangers;
•enable the chief safety officer to issue codes of practice to provide practical guidance on the requirements of the act and the regulations;
•enable regulations to be made prescribing specific penalties for offences, within the maximums established by the act; and
•provide for the establishment of a safety advisory committee to make recommendations respecting amendments to the act and regulations.
Bill 17, An Act to Amend the Labour Standards Act, proposes an increase to the minimum wage in the Northwest Territories from $6.50 or $7 (depending on area of residence) to a blanket minimum wage rate of $8.25 per hour so as to remove distinctions based on age and place of employment.
Ontario
A number of bills of interest to employers were in the works when Ontario Premier Ernie Eves called an election this month. Whether the following measures become law will depend on the outcome of the province’s Oct. 2 election.
Ontario introduced two new bills amending the Occupational Health and Safety Act on May 26. Bill 51, the Occupational Health and Safety Amendment Act (Workplace Violence), 2003, proposes to impose duties on employers, supervisors and workers with respect to acts of workplace violence, defined as acts of physical or psychological violence, that persons commit in a workplace. Employers will be required to:
•develop a written code of conduct with respect to workplace violence;
•develop a comprehensive written escape plan in case of fire or emergency;
•establish strategies to deal with acts of workplace violence;
•develop a written policy of progressive disciplinary measures that the employer will take to deal with workers who have committed acts of workplace violence;
•keep accurate records of all reports of acts of workplace violence received and report any acts involving physical assault to the police;
•have a worker undergo a psychological assessment upon receiving a report that the worker has committed an act of workplace violence; and
•ensure that the employer, supervisors and workers receive adequate training in their respective rights and obligations with respect to acts of workplace violence.
Copies of the code of conduct, the escape plan and disciplinary policies must be posted in a conspicuous location in the workplace.
The second bill, Bill 55, the Occupational Health and Safety Amendment Act (Sexual Harassment), 2003, will require employers to protect workers from workplace-related sexual harassment. It will also give workers the right to:
•refuse to work in certain circumstances after sexual harassment has occurred;
•require an investigation of allegations of workplace-related sexual harassment; and
•take steps to prevent further occurrences of workplace-related sexual harassment.
Bill 68, An Act to Amend the Provisions of Certain Acts Respecting the Age of Retirement, was introduced in Ontario’s legislature May 29. The bill proposes to eliminate mandatory retirement at age 65 and allow seniors to retire at a time of their own choosing.
Prince Edward Island
Bill 47, An Act to Amend the Employment Standards Act, received royal assent on May 23. The act:
•adds a definition of “extended family” and “immediate family” in relation to employees;
•adds Remembrance Day to the list of paid public holidays;
•adds an unpaid three-day family leave period and an unpaid three-day sick leave period for employees who have worked for an employer for at least six months;
•clarifies the circumstances under which bereavement leave may be taken; and
•adds provisions whereby employees with 10 to 15 years of continuous employment are entitled to six weeks’ notice of termination of employment, while employees with more than 15 years are entitled to eight weeks’ notice.
The act comes into force on proclamation.
Quebec
Labour standards regulations in Quebec have been amended in respect of collective dismissal. A notice of collective dismissal must contain the:
•name and address of the employer;
•industry sector;
•names and addresses of relevant employee associations;
•reason for collective dismissal;
•anticipated date of collective dismissal; and
•the number of employees likely to be affected.
In addition, the amount per dismissed employee that an employer must pay to the ministry’s reclassification assistance committee is fixed at $600 instead of a negotiated amount. The amendments came into force on June 15.
Sari Sanders is a lawyer and the head of Hewitt Canada’s Research group. She may be contacted at (416) 225-5001, [email protected].
Federal
On June 12, the federal government introduced amendments to the Criminal Code in Bill C-45, An Act to Amend the Criminal Code (Criminal Liability of Organizations) that would hold organizations, including corporations, criminally liable for the acts of their representatives that endanger their workforce. It would also establish a legal duty for all persons directing work (officers, directors, partners and employees) to take reasonable steps to ensure worker safety.
Bill C-28, the Budget Implementation Act, 2003, introduces a new type of special benefits. The bill, which received royal assent June 19, provides for six weeks of compassionate leave benefits for families to share. It also establishes the medical proof required to receive such benefits, as well as the period during which benefits may be paid, among other things.
The section of the bill related to compassionate-care leave will come into force on a date to be fixed by order of the Governor in Council. The bill makes several amendments to other acts, including amendments to the Income Tax Act that increase retirement savings plan limits.
Alberta
The Alberta government has passed an amendment to the Employment Pension Plans Regulation to allow individuals with locked-in pension accounts to access their locked-in funds for situations of financial hardship. The amendment does not apply to funds in Registered Pension Plans (RPPs).
Prior to the amendment, employees who left a pension plan and purchased a locked-in pension account, could not access that money until they retired. Applicants must supply documents that support their situation along with the most recent copies of the locked-in account statements.
British Columbia
The British Columbia Ministry of Skills Development and Labour proposed changes to two key pieces of labour legislation on May 5.
Bill 37, the Skills Development and Labour Statutes Amendment Act, 2003, would alter the current Workers’ Compensation Act to ensure all surviving partners of workers who die from workplace injuries receive lifetime survivor benefits. Compensation levels will reflect the difficulty older workers may have in entering the workforce after the unexpected death of a partner.
Bill 37 would also amend the Employment Standards Act to prohibit employers from using earnings from one pay period to top up another pay period where the employee does not earn minimum wage.
It would also eliminate the six-month time limit employers must currently comply with in respect of banking and overtime wages. Employers are currently required to pay out overtime wages, credit them to an overtime bank or grant time off with pay within six months of overtime being incurred by an employee.
New Brunswick
Effective Jan. 1, 2004, the minimum wage in New Brunswick will increase to $6.20 per hour from $6.
Northwest Territories
Bill 23, An Act to Amend the Safety Act, was introduced on June 17. The Bill proposes changes to workplace safety rules by amending the Safety Act to:
•clarify the definitions of employer and worker;
•provide for the establishment of safety programs;
•amend the provision relating to disclosure of information, in recognition of the Access to Information and Protection of Privacy Act;
•enable safety officers to issue directions to address potential dangers;
•enable the chief safety officer to issue codes of practice to provide practical guidance on the requirements of the act and the regulations;
•enable regulations to be made prescribing specific penalties for offences, within the maximums established by the act; and
•provide for the establishment of a safety advisory committee to make recommendations respecting amendments to the act and regulations.
Bill 17, An Act to Amend the Labour Standards Act, proposes an increase to the minimum wage in the Northwest Territories from $6.50 or $7 (depending on area of residence) to a blanket minimum wage rate of $8.25 per hour so as to remove distinctions based on age and place of employment.
Ontario
A number of bills of interest to employers were in the works when Ontario Premier Ernie Eves called an election this month. Whether the following measures become law will depend on the outcome of the province’s Oct. 2 election.
Ontario introduced two new bills amending the Occupational Health and Safety Act on May 26. Bill 51, the Occupational Health and Safety Amendment Act (Workplace Violence), 2003, proposes to impose duties on employers, supervisors and workers with respect to acts of workplace violence, defined as acts of physical or psychological violence, that persons commit in a workplace. Employers will be required to:
•develop a written code of conduct with respect to workplace violence;
•develop a comprehensive written escape plan in case of fire or emergency;
•establish strategies to deal with acts of workplace violence;
•develop a written policy of progressive disciplinary measures that the employer will take to deal with workers who have committed acts of workplace violence;
•keep accurate records of all reports of acts of workplace violence received and report any acts involving physical assault to the police;
•have a worker undergo a psychological assessment upon receiving a report that the worker has committed an act of workplace violence; and
•ensure that the employer, supervisors and workers receive adequate training in their respective rights and obligations with respect to acts of workplace violence.
Copies of the code of conduct, the escape plan and disciplinary policies must be posted in a conspicuous location in the workplace.
The second bill, Bill 55, the Occupational Health and Safety Amendment Act (Sexual Harassment), 2003, will require employers to protect workers from workplace-related sexual harassment. It will also give workers the right to:
•refuse to work in certain circumstances after sexual harassment has occurred;
•require an investigation of allegations of workplace-related sexual harassment; and
•take steps to prevent further occurrences of workplace-related sexual harassment.
Bill 68, An Act to Amend the Provisions of Certain Acts Respecting the Age of Retirement, was introduced in Ontario’s legislature May 29. The bill proposes to eliminate mandatory retirement at age 65 and allow seniors to retire at a time of their own choosing.
Prince Edward Island
Bill 47, An Act to Amend the Employment Standards Act, received royal assent on May 23. The act:
•adds a definition of “extended family” and “immediate family” in relation to employees;
•adds Remembrance Day to the list of paid public holidays;
•adds an unpaid three-day family leave period and an unpaid three-day sick leave period for employees who have worked for an employer for at least six months;
•clarifies the circumstances under which bereavement leave may be taken; and
•adds provisions whereby employees with 10 to 15 years of continuous employment are entitled to six weeks’ notice of termination of employment, while employees with more than 15 years are entitled to eight weeks’ notice.
The act comes into force on proclamation.
Quebec
Labour standards regulations in Quebec have been amended in respect of collective dismissal. A notice of collective dismissal must contain the:
•name and address of the employer;
•industry sector;
•names and addresses of relevant employee associations;
•reason for collective dismissal;
•anticipated date of collective dismissal; and
•the number of employees likely to be affected.
In addition, the amount per dismissed employee that an employer must pay to the ministry’s reclassification assistance committee is fixed at $600 instead of a negotiated amount. The amendments came into force on June 15.
Sari Sanders is a lawyer and the head of Hewitt Canada’s Research group. She may be contacted at (416) 225-5001, [email protected].
