Publisher s Note 2017 Release 4 Previous release was

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1 Publisher s Note 2017 Release 4 Previous release was From Your Library: & & & & & Chauvin Canadian Employment Law Factbook Highlights of this Release Federal Bill C-44 the Budget Implementation Act, 2017, No. 1 Amends the Employment Insurance Act Bill C-44, the Budget Implementation Act, 2017, No. 1, is now in force. Bill C-44 amends the Employment Insurance Act in the following ways:. extends the time for which parental benefits may be received from 35 weeks to 61 weeks so that recipients may choose whether they wish to receive parental benefits for the current 35 weeks at 55% of their average weekly earnings, or receive the benefits over the extended period of 61 weeks at a rate of 33% of their average weekly earnings (the total amount payable remains unchanged);. moves the earliest date at which women may begin to claim maternity benefits from eight weeks before their expected due date to twelve weeks before that date;. creates a Critically Ill Adult caregiver benefit which will provide up to 15 weeks of benefits to allow employees to care for or support for a critically ill adult family member (the existing Compassionate Care Benefit which provides THOMSON REUTERS CANADA Customer Support (Toronto & International) (Toll Free Canada & U.S.) Fax (Toronto) Fax (Toll Free Canada Only) CustomerSupport.LegalTaxCanada@TR.com This publisher s note may be scanned electronically and photocopied for the purpose of circulating copies within your organization. 1

2 benefits to allow an employee to care for a family member with a serious medical condition with a significant risk of death within 26 weeks);. extends the Critically Ill Child caregiver benefit which provides up to 35 weeks of benefits to allow employees who are parents of a critically ill child to care for or support that child, to other family members, for example, grandparents, aunts and uncles (pursuant to the definition of family member in the Employment Insurance Regulations); and. allows nurse practitioners to issue certificates required under the Act regarding an individual s medical condition. Employers across the country should review their leave policies and procedures to determine whether they should be revised. It is important to note that the leave provisions applicable to employees who are subject to provincial or territorial employment standards legislation may no longer match the periods for which benefits are available under the Employment Insurance Act. For more information, please visit: bill/c-44/royal-assent Federal Bill C-44 the Budget Implementation Act, 2017, No. 1 Amends the Canada Labour Code Bill C-44, the Budget Implementation Act, 2017, No. 1, is now in force. Bill C-44 amends the Canada Labour Code in the following ways:. extends the Parental Leave provisions to 63 weeks and extend the period within which the leave must be taken from 52 to 78 weeks beginning on the day a child is born or comes into the care of the employee;. amends the Maternity Leave provisions to provide that leave may begin up to 13 weeks before the expected due date, instead of the current 11 weeks;. extends the Leave Related to Critical Illness to include critically ill adults (in addition to critically ill children);. extends the Leave Related to Critical Illness to family members where the person requiring care and support is a critically ill child ( family member is defined in the Code to incorporate the definition in the Employment Insurance Act);. amends the aggregate leave provisions to incorporate the above changes; note that eligibility requirements are unchanged;. allows nurse practitioners to issue certificates required under the Act regarding an individual s medical condition. 2

3 Additional amendments to the Canada Labour Code include:. adding a comprehensive complaints process for employer reprisals;. providing the Minister of Labour with authority to require an employer to conduct an internal audit to determine whether it is in compliance with Part III of the Code, and to provide a report to the Minister, and specifying the contents of that report;. providing inspectors with authority to issue a written compliance order requiring an employer to terminate contraventions of provisions in Part III, and amending the provisions regarding review and appeal of inspectors orders;. extending the period with respect to which an inspector may make a payment order for unpaid wages or other amounts owed by an employer to an employee to 24 months prior to the date of the report; and. adding a comprehensive Administrative Monetary Penalties section to promote compliance. Federally-regulated employers should revise their leave policies and procedures and ensure that their employees are aware of the changes to the leave provisions. They will also need to familiarize themselves with the amendments creating a complaints process for reprisals, making employers subject to a requirement to conduct an internal audit, changes regarding compliance and payment orders and to inspectors powers, and the new Administrative Monetary Penalties provisions. For more information, please visit: bill/c-44/royal-assent Manitoba Amendments to The Non-Smokers Health Protection Act Amendments to The Non-Smokers Health Protection Act extend the scope of the Act to include e-cigarettes. Among other amendments, Bill 30, passed as The Non- Smokers Health Protection Act (E-Cigarettes) provides that e-cigarettes cannot be used in enclosed places, including indoor workplaces. The amendments came into effect on October 1, Employers should review and update their policies relating to smoking in the workplace and ensure they are compliant. For more information, please visit: c03615e.php 3

4 Nova Scotia The Accessibility Act Bill 59, the Accessibility Act, is now in force. The Accessibility Act replaces the Disabled Persons Commission Act. The focus of the Act is on the creation, implementation and monitoring of compliance with accessibility standards to improve accessibility with respect to public sector policies, programs, practices and services. The Act establishes the Accessibility Directorate and the Accessibility Advisory Board, and sets out their roles. It sets out the process for developing standards, what must be included in standards, to whom standards may apply, and the obligations of those individuals and organizations to create and keep records and make them available for inspection. The Act requires all public sector bodies to create an accessibility plan in consultation with persons with disabilities or representatives of organizations representing persons with disabilities, publish the plan, and review and update it every three years. Finally, there are provides for compliance with and enforcement of the Act. Public sector bodies should familiarize themselves with all requirements applicable to them and ensure they are compliant. For more information, please visit: 1st_read/b059.htm Nova Scotia Public Services Sustainability Act The Public Services Sustainability Act, which was passed in December 2015, has been proclaimed in force. The Act applies to all unionized and non-unionized publicsector employers and employees (with some exceptions, for example, those with agreements already in place). The Act:. imposes a maximum 3% wage increase over the next four years (with no increase for the first two years, 1% increase in the third year of the contract, 1.5% in the fourth year, and 0.5% per cent on the final day);. allows increases above this limit if cost savings are achieved through the collective bargaining process (part of the cost savings may be used to fund increases in wages or benefits);. limits labour arbitrators authority during arbitration proceedings to the same wage increase cap; and. freezes retirement allowances, retroactive to April 1, Public sector employers in Nova Scotia should review the Act and familiarize themselves with the changes, in particular, the maximum wage increases allowable. For more information, please visit: 3rd_read/b148.htm 4

5 Ontario The Control of Exposure to Biological or Chemical Agents Regulation under the Occupational Health and Safety Act The Control of Exposure to Biological or Chemical Agents Regulation under the Occupational Health and Safety Act has been amended to update the definition of ACGIH (American Conference of Governmental Industrial Hygienists) Table and to broaden an employer s obligation to take all measures reasonably necessary in the circumstances to protect workers from exposure to an atmospheric oxygen level that is less than 19.5 per cent by volume and related hazards such as fire and explosion where the agent is present in the air at the workplace to agents for which the listing in the ACGIH Table includes the reference or see Appendix F: Minimal Oxygen Content (in addition to the current reference to Simple asphyxiant ). The amendments come into effect on January 1, For more information, please visit: Quebec The Voluntary Retirement Savings Plans (CRSP) Act The Voluntary Retirement Savings Plans (VRSP) Act came into force on July 1, 2014, creating a group savings plan that employers can offer their employees. Employers are not required to contribute to the plan and employees may opt out of participation (although they will be automatically enrolled when a plan is set up). The requirement to offer a VRSP or a qualifying group savings plan comes into force on December 31, 2017 for employers who had five eligible employees as of December 31, 2016 or 10 or more eligible employees as of June 30, Employers in Quebec that do not offer a group savings plan and that had five eligible employees as of December 31, 2016 or 10 or more eligible employees as of June 30, 2017, must ensure that they offer either a qualifying group savings plan or a voluntary retirement savings plan by December 31, Eligible employees are those who are at least 18 years old and have at least one year of uninterrupted service with the employer. For more information, please visit: Saskatchewan Amendments to the Pension Benefits Regulations, 1993 The Pension Benefits Regulations, 1993, under the Pension Benefits Act, 1992, have been amended. The amendments introduce limited liability plans (LLP s), which are defined benefit pension plans which are subject to the limitation of employer liability for funding provisions in s. 40(5) of the Act) (but do not include Specified 5

6 Plans as defined in the Regulations). The amendments set out the regulatory requirements regarding LLP s:. removing the requirement to fund solvency deficiencies;. requiring provision for adverse deviations to be funded on the current service cost;. requiring plan administrators to provide additional communication to plan members;. restricting increases to pensions in pay;. allowing LLP pension plan contracts to be amended to provide the option to calculate commuted values based on the plan s going concern assumptions and to permanently decrease the commuted value the funded position of the plan; and. providing that the transfer deficiency rules apply only to benefits being paid under a defined benefit provision that is subject to the Canadian Institute of Actuaries recommendations for discount rates used for commuted values. The amendments also clarify the treatment of funds held in a locked-in retirement account and prescribed registered retirement income fund where the funds were transferred from a pooled retirement pension plan. For more information, please visit: documents/gazette/part2/2017/g pdf What We re Watching Manitoba, Newfoundland and Labrador, New Brunswick, Nova Scotia and Prince Edward Island Shared Apprenticeship Management Program The governments of Manitoba, Newfoundland and Labrador, New Brunswick, Nova Scotia and Prince Edward Island signed an agreement on October 13, 2017 to develop a shared apprenticeship management system that will allow apprentices, training providers and employers to complete forms, register for classes, process payments and log hours online with self-service functions. The shared system will reduce implementation and maintenance costs, and will enable improved forecasting of training offerings in the different regions, and should be in place by In addition, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador are proceeding to harmonize six new Red Seal trades, as part of the Atlantic Apprenticeship Harmonization Project. Harmonization includes adopting common entry and education requirements, trade hours, training requirements, 6

7 standards and exams for trades across all four provinces. Harmonization assists employers in accessing skilled apprentices without having to deal with mismatched program requirements, and assists apprentices by making it easier for them to obtain their training and then apply for jobs throughout the region.the six trades involved are: truck and transport mechanic; heavy duty equipment technician; automotive service technician; sprinkler system installer; construction boilermaker; and industrial mechanic (millwright). For more information, please visit: Manitoba Nursing Regulations to Come Into Force The Government of Manitoba has announced that the registered nursing profession will be brought under the Regulated Health Professions Act as of May 31, The Act sets out the rules and processes for governance, registration, complaints and discipline, as well as regulation and by-law making authority, for various health professions. It determines which professionals may perform which health care services, to control specific health procedures, called reserved acts, that may pose a risk to the public. A health professional may perform reserved acts only if authorized to do so by regulation under the Act. Two regulations will be created to bring the registered nursing profession under the Act as of May 31, 2018, at which time the Registered Nurses Act will be repealed. For more information, please visit: index.html?item=42112&posted= The College of Registered Nurses of Manitoba General Regulation under the Regulated Health Professions Act will come into force on May 31, The Regulation sets out the regulatory scheme for registered nurses under the Act, including, for example, the classes of membership in the College of Registered Nurses of Manitoba, registration requirements, continuing competency requirements, the reserved acts each class of members may perform, standards of practice, and authorized forms of practice. 7

8 For more information, please visit: pdf The Practice of Registered Nursing Regulation under the Regulated Health Professions Act will come into force on May 31, The Regulation specifies the scope of practice of registered nurses, as well as the 21 reserved acts that registered nurses may perform (set out in the Schedule to s. 6 of the Regulation), which include, for example, prescribing and administering drugs and vaccines, ordering ultrasounds, and setting fractures or dislocations. For more information, please visit: pdf Nova Scotia Proposed Amendments to the Workers Compensation Act Bill 7, An Act to Amend Chapter 10 of the Acts of , the Workers Compensation Act, passed Second Reading on October 3, 2017 and was referred to the Law Amendments Committee which has now reported to the House. If passed, the proposed amendments will establish a presumption that when front-line or emergency-response workers are diagnosed with post-traumatic stress disorder, the disorder has arisen out of and in the course of the worker s employment as a result of exposure to a traumatic event or a series of traumatic events, unless proved otherwise. Front-line and emergency-response workers are defined to include continuing-care assistants, correctional officers, emergency-response dispatchers, firefighters, nurses, paramedics, police officers (and persons in an occupation prescribed by regulation). For more information, please visit: 1st_read/b007.htm Ontario Searching for Plan Beneficiaries Policy The Financial Services Commission of Ontario, Ontario s pension regulator, has released a new policy entitled Searching for Plan Beneficiaries, to specify the steps plan administrators should take when searching for beneficiaries. The Commission recommends that administrators establish processes and procedures for updating member records, include a reminder about the importance of providing updated contact information in termination and retirement packages provided to terminated members, and maintain regular personalized communication with former and retired members. When administrators discover that contact information is no longer correct, they should search using methods most appropriate to their particular plan (taking into 8

9 consideration, for example, the pension plan s size and demographics, the cost of the search) and document all steps taken. Examples of the search methods suggested by the Commission include:. online telephone directories (e.g. Canada 411);. search services of a government agency;. professional search company;. internet and social media sites;. private detective. administrator s/employer s website and/or intranet;. advertisements in local media. For more information please visit: active/documents/a searching%20for%20plan%20beneficiaries.pdf Ontario Bill 157 the Domestic and Sexual Violence Protection Act, 2017 Bill 157, the Domestic and Sexual Violence Protection Act, 2017, has been referred to the Standing Committee on Social Policy. Bill 157 amends the Employment Standards Act, 2000 and the Occupational Health and Safety Act. If it becomes law, Bill 157 will amend the Employment Standards Act, 2000 to create a new leave for employees who have worked for their employer for at least 13 consecutive weeks. An employee who has experienced domestic or sexual violence, or the threat of domestic or sexual violence, or whose child has experienced domestic or sexual violence, or the threat of domestic or sexual violence, will be entitled to a leave of absence of up to 10 days of paid leave and up to 15 weeks of unpaid leave in each calendar year. The leave time must be used:. to seek medical attention for the employee or the child in respect of a physical or psychological injury or disability caused by the domestic or sexual violence;. to obtain services from a victim services organization for the employee or the child;. to obtain psychological or other professional counselling for the employee or the child;. to relocate temporarily or permanently;. to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from 9

10 the domestic or sexual violence; or.for other purposes as may be prescribed by regulation. Bill 157 will also amend the Occupational Health and Safety Act to require employers to ensure that every supervisor and worker receives information and instruction about domestic violence in the workplace and sexual violence in the workplace. For more information, please visit: bills_detail.do?locale=en&intranet=&billid=5075 Ontario Proposed Changes to Workplace Safety and Insurance Amendment Act (PTSD Benefits), 2017 Bill 151, the Workplace Safety and Insurance Amendment Act (PTSD Benefits), 2017, has passed First Reading and has been ordered referred to the Standing Committee on Regulations and Private Bills. If passed, Bill 151 will amend the Workplace Safety and Insurance Act, 1997 to extend the rebuttable presumption regarding entitlement to benefits for posttraumatic stress disorder to include:. nurses;. front line workers and health care professionals involved in the delivery of health care services, including home care services, and who provide close assistance to other workers specified as eligible for these benefits in stressful and traumatic situations in a health care setting; and. workers who provide police services or support the work of persons who provide police services, including workers who provide investigative support, workers in forensics, garage staff, offender transport officers and civilian members or employees of a police force. For more information, please visit: bills_detail.do?locale=en&intranet=&billid=4996 Yukon Bill 8, An Act to Amend the Workers Compensation Act and the Occupational Health and Safety Act (2017) Bill 8, An Act to Amend the Workers Compensation Act and the Occupational Health and Safety Act (2017), passed Second Reading on October 19, If it becomes law, Bill 8 will amend the Workers Compensation Act to establish a presumption that post-traumatic stress disorder is a work-related injury for firefighters, paramedics and police officers, unless proved otherwise. Those workers diagnosed with PTSD would automatically be eligible for workers compensation upon diagnosis by a psychologist or psychiatrist. 10

11 Bill 8 will also amend the Occupational Health and Safety Act to revise the definition of occupational injury to include psychological illnesses and injuries as well as physical illnesses and injuries. The definition would be amended to mean an illness, disease, disablement or physical or psychological injury, arising out of and in the course of employment. The Act would also be amended to provide for the making of regulations respecting the prevention and treatment of occupational injuries, including prescribing standards and requirements for prevention, for example, the development of written policy statements and prevention programs. For more information, please visit: bill8_34.pdf Worth Noting Federal The Employment Insurance Premium Rate The employment insurance premium rate for the year 2018 is set at $1.66 per $100 of insurable earnings. For the province of Quebec, the applicable rate is $1.30 per $100 of insurable earnings. For more information, please visit: 21/html/notice-avis-eng.php#ne3 Federal Bill C-62 An Act to amend the Federal Public Sector Labour Relations Act and other Acts Bill C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts, has been introduced and passed First Reading. If passed, Bill C-62 will amend the Federal Public Sector Labour Relations Act and the Public Sector Equitable Compensation Act, to restore the procedures for the choice of process of dispute resolution, including those involving essential services, arbitration, conciliation and alternative dispute resolution, and the procedures applicable to arbitration and conciliation, respectively, to those that existed before the Economic Action Plan Act 2013, No. 2, came into force on December 12, In addition, Bill C-62 would repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which gave the Treasury Board the authority to establish and modify the terms and conditions of sick leave of employees who are employed in the core public administration (despite the provisions of the Federal Public Sector Labour Relations Act). For more information, please visit: bill/c-62/first-reading 11

12 British Columbia Programs to Improve Accessibility The Government of British Columbia has committed $9 million in funding to the Rick Hansen Foundation (RHF), for two new programs to improve accessibility in the province. The Rick Hansen Foundation Accessibility Certification (RHFAC) rates accessibility of buildings, and the BC Accessibility Grants Program provides grants of up to $20,000 for accessibility improvements. Employers can apply to the RHFAC for rating (provincial funding is providing 1,100 free ratings until March 2019), and once rated, can apply for a grant to increase access and opportunities in the workplace, for example, to build ramps, install automatic doors or visual and audio emergency warning systems. Applications for the current round of grants must be submitted by February 1, For more information, please visit: 12