Legislation

Privacy

Posted by on Sep 14, 2013 in Legislation | 0 comments

Privacy in Canada is protected by the Personal Information Protection and Electronic Documents Act (PIPEDA) and is under the jurisdiction of the Federal Department of Justice.   Provinces that have essentially similar legislation are exempt from the federal legislation, as employers in those provinces are covered by their provincial legislation. At the time of this writing, Ontario does not have similar legislation. The Act applies to “every organization in respect of personal information that the organization collects, uses or discloses in the course of commercial activities” or “is about an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.”  At the time of this writing, PIPEDA only applies to personal information of employees of federal works, undertakings or businesses, and only Alberta, British Columbia, and Quebec have similar legislation.  The name, title, business address, and business telephone number of an employee are not protected under PIPEDA.  USEFUL LINKS: Department of Justice:  http://laws-lois.justice.gc.ca/  PIPEDA: http://laws-lois.justice.gc.ca/eng/acts/P-8.6/ PHIPA:  PHIPA stands for Personal Health Information Protection Act and is an Ontario legislation dealing with the collection and disclosure of personal health information of individuals.  While the legislation is intended for health providers and record-keepers, it should be kept in mind when maintaining any employee health information. USEFUL LINKS: PHIPA:...

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Workers’ Compensation (WSIB)

Posted by on Aug 31, 2013 in Legislation | 0 comments

 Workers’ Compensation in Ontario is managed by the Workplace Safety and Insurance Board (WSIB).  Provincially-regulated employers in Ontario are required to register with the Board and to pay a monthly premium based on the company’s size and industry.  If an employee is injured or suffers an illness at work, such that (s)he requires medical attention or loses pay, the employer is required to report the accident or incident to the WSIB within three calendar days of learning of the event. The WSIB provides employees who are injured at work with benefits that help them to compensate for loss of earnings etc.   In most cases, an employee covered by WSIB does not have the right to sue his/her employer for a work-related accident. If employees work in more than one province, they must be covered in each province where they work. Customers may request a WSIB Clearance before allowing suppliers’ employees to work at their sites.  This certifies that the workers are covered, and that premiums are up to date.  Clearances may be ordered electronically through WSIB’s eClearance service (available on their website), and are valid for 90 days. Useful Links: Ontario WSIB: http://www.wsib.on.ca/en/community/WSIB   Links to Other Provinces’ and Territories’ WCB Sites: Alberta: http://wcb.ab.ca/ British Columbia: http://worksafebc.com/ Manitoba: http://www.wcb.mb.ca/ New Brunswick: http://www.worksafenb.ca/ Newfoundland and Labrador: http://www.whscc.nf.ca/ Nova Scotia: http://www.wcb.ns.ca/wcbns/index_e.aspx?ArticleID=715 Northwest Territories and Nunavut: http://www.wscc.nt.ca/Pages/default.aspx Prince Edward Island: http://wcb.pe.ca/ Quebec: http://www.csst.qc.ca/en/all_english_content.htm (not all content is available in English) Saskatchewan: http://www.wcbsask.com/ Yukon:...

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WHMIS

Posted by on Aug 31, 2013 in Legislation | 0 comments

WHMIS stands for Workplace Hazardous Materials Information System.   This Health Canada legislation applies to businesses in Ontario, where it is administered by the Ontario Ministry of Labour. WHMIS provides rules and regulations for identifying, storing, and working with hazardous materials in the workplace.   The three main requirements of WHMIS are: ·         ensuring there are labels on containers of hazardous materials ·         maintaining current copies of Material Safety Data Sheets (MSDS) to provide detailed hazard and precautionary information ·         providing worker education programs to ensure workers understand how to work with hazardous materials in the workplace USEFUL LINKS: Ontario Ministry of Labour WHMIS: http://www.labour.gov.on.ca/english/hs/pubs/whmis/whmis_1.php CCOHS WHMIS Training: http://www.ccohs.ca/products/courses/whmis_mgr_ont/ Ontario Guide to WHMIS Legislation:...

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Pay Equity

Posted by on Aug 31, 2013 in Legislation | 0 comments

A provincially-regulated business that employs ten (10) or more employees in Ontario is required to comply with Ontario’s Pay Equity Act. Pay Equity legislation is designed to “redress systemic gender discrimination in compensation for work performed by employees in female job classes.”  Pay Equity goes above “equal pay for equal work” and requires “equal pay for work of equal value.”   This means evaluating the work of jobs held primarily by females, and those held predominantly by males.  The jobs are to be compared on the basis of: ·         skill, ·       effort ·       responsibility ·       working conditions There are also guidelines for assessing female-dominated jobs where there are no comparable male-dominated jobs in the company. If a male-dominated comparator job pays more than a female-dominated job of the same value, a plan must be in place to raise the salaries of those in the female-dominated job to at least the same level.  The Pay Equity Plan must be posted in the workplace. Generally, the method of comparing jobs is left to the employer.  There are a number of companies that provide job-evaluation methods (Hay, Mercer, and Towers-Watson to name three), and the Ontario government provides a useful Interactive Job Comparison Tool for small business employers.  Doing it oneself is also possible, but would require developing and validating a job analysis tool.   USEFUL LINKS: (provided for information only: I do not endorse any organization) Pay Equity Commission: http://www.payequity.gov.on.ca/en/about/the_act.php Pay Equity Act: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p07_e.htm#BK15 Ontario Interactive job Comparison Tool:  http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=016-1572&NO=016-1572 Hay Job Evaluation: http://www.haygroup.com/ww/services/index.aspx?id=111 Mercer International Position Evaluation System: http://www.mercer.com/services/talent/reward/ipe.html Towers Watson Global Grading System:...

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Occupational Health and Safety

Posted by on Aug 31, 2013 in Legislation | 0 comments

Ontario’s Occupational Health and Safety Act requires employers to maintain a safe workplace, provide the necessary training (including First Aid training), safety equipment and clothing, appoint competent supervisors, and develop a health and safety policy.   Depending on the size of the organization, the Act may require a Health and Safety Representative, or a Joint Health and Safety Committee. Copies of the Act and a safety poster must be displayed in the workplace. Workers have the right to be involved in ensuring a safe workplace, and they have the right to refuse unsafe work.  USEFUL LINKS: Occupational Health and Safety Act:...

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Human Rights

Posted by on Aug 31, 2013 in Legislation | 0 comments

The Ontario Human Rights Code prohibits discrimination and harassment in employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability.  Discrimination can be direct, or systemic.  Systemic discrimination occurs when a rule or requirement that seems to be fair to all, inadvertently excludes someone in a designated group.  For example, the requirement for all police officers to wear standard head-gear created an environment that excluded some people from working as police officers, because their religion requires them to wear specific headgear; and requiring Canadian experience discriminates against new Canadians. There is an exclusion for “bona fide occupational requirements” which are requirements without which an employee would not be able to fulfill the essential functions of the job.  The onus is on the employer to demonstrate that such bona fide requirements exist.  A person can perform all the essential functions of a police officer without wearing the standard uniform hat, so that is not a bona fide occupational requirement.  On the other hand, the need for a construction worker to be able to lift and carry a certain weight may be.  Employers are required to make all reasonable accommodation to help the individual meet the job requirements.  Such accommodation might include providing special equipment for someone with a disability, or rearranging shifts to allow employees to celebrate non-traditional religious holidays.  Funding for special equipment may be available through the Ontario Disability Support Program. An employee who believes that (s)he has been discriminated against or harassed on the basis of one of the forbidden categories may file a Human Rights complaint.  If the employer is found to have discriminated against the employee, there will be financial penalties, and the Ontario Human Rights Commission may order the employer to reinstate the employee. Ontario has also included protection from Workplace Violence and Workplace Harassment in its Workplace Health and Safety legislation.   Useful Links: Ontario Human Rights Code: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm Ontario Human Rights Commission: http://www.ohrc.on.ca/en/ Ontario Disability Support Program:...

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