Category: Legislation

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/

https://workplacenl.ca/ 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: https://www.wsib.ca/en

 

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: https://workplacenl.ca/

Nova Scotia: http://www.wcb.ns.ca/wcbns/index_e.aspx?ArticleID=715

Northwest Territories and Nunavut:

Workers’ Safety and Compensation Commission (WSCC) | WSCC | Workers’ Safety and Compensation Commission

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: Yukon Workers’ Compensation Health and Safety Board (wcb.yk.ca)

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: https://files.ontario.ca/books/mol_whmis_guide_english.pdf

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

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

AON Willlis Towers Watson Global Grading System:

http://www.towerswatson.com/en/Services/Tools/job-leveling-global-grading-and-career-map

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: http://www.labour.gov.on.ca/english/hs/pubs/ohsa/ohsag_part3.php

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: http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/

While provincially-regulated businesses are not covered by the federal Employment Equity Act, they may be covered by the Federal Contractors’ Program, which states that “organizations that have 100 or more employees and want to bid on a federal government contract or standing offer of $1 million or more must first sign a Certificate of Commitment to implement employment equity.”  

The federal Employment Equity Act requires employers to conduct a workforce analysis and to develop plans to improve their hiring, retention, and promotion of people from four designated groups that are traditionally under-represented in the workforce.  The groups are: Women, Aboriginal Canadians, Visible Minorities, and Persons with Disabilities.

 For details, refer to the website provided by Human Resources and Skills Development Canada: 

USEFUL LINKS:

Federal Contractors’ Program: https://www.canada.ca/en/employment-social-development/programs/employment-equity/federal-contractor-program.html

Common Law, also known as case law or precedent, is law that has developed over time through decisions previously made by judges.  For this reason, it is more complicated than civil (or written) law, and often requires the assistance of a lawyer to interpret.

At Common Law, an employment relationship is considered to be a contract between the employer and the employee.  If there is no written contract *, the terms of employment can be determined in various ways: the letter of offer of employment and the employment manual, for example.  If either party wishes to change the terms of the contract without prior agreement by the other party, reasonable notice must be given.  What constitutes reasonable notice will depend on what is in writing, and on legal precedents.

The most common situations where this comes into play are where an employer unilaterally changes an employee’s conditions of employment (e.g. transfer or demotion) or where employment is terminated without cause **.   If there is no clear, well-understood agreement as to what constitutes reasonable notice, the employee may have recourse to the courts, which will decide based on factors such as the employee’s age, length of service, position, and salary, as well as on recent precedents.  It is a good practice to seek legal advice to help determine how much notice to provide in these situations.

 

 

*  Consider having employment contracts drafted by an employment lawyer.  Asking existing employees to sign a new agreement may be considered a change in conditions of employment, and there should be something substantial offered in return.

** While the definition of cause is straightforward (can misconduct be proven, and was the nature and degree of misconduct sufficient to dismiss without cause?), there is a wealth of case law in which courts have found that the employer did not have cause to dismiss.  Consider consulting an employment lawyer prior to dismissing an employee for cause.

The purpose of the Access for Ontarians With Disabilities Act (AODA) is to “create a Province where everybody who lives or visits can participate fully.”  The five standards of the Act are being phased in over a number of years, beginning in January, 2012, and will impact all employers in the province to some degree. 

TheCustomer Service Standard required that, by December 31, 2012, all employers were to have created an accessible customer service plan, and to have trained their employees on how to assist customers with disabilities.  In addition, employers with twenty or more employees are to keep a written copy of the plan, let customers know it is available, keep a training log, and file a compliance report by December 31, 2012.

The Employment Standard required all employers to provide individualized workplace emergency response information to employees, where necessary, by January 1, 2012.  Other requirements are to be phased in for private and non-profit organizations beginning in 2016 and 2017, and will apply to hiring and human resources practices.

The Information and Communications Standard required that all employers make their emergency procedures or public safety information accessible to people with disabilities on request, as of January 1, 2012.  Further requirements, such as making feedback processes and information accessible will be phased in beginning in 2015. 

The Transportation Standard applies to organizations providing public transportation services.  Requirements are being phased in between 2011 and 2017

The Built Environment Standard will require companies with fifty or more employees, when building or renovating outdoor eating areas, play spaces, trails, etc., to make them accessible beginning in 2017.

While the Act may sound daunting, it doesn’t have to be: especially for small employers.  Making printed information available for customers with a visual impairment may be as simple as reading it to them, and the Ministry has provided an e-learning site that will help you to train your employees. 

The Ministry also provides guides, templates, and other information on its website.

Useful Links:  

Ontario Ministry for Seniors and Accessibility: https://www.ontario.ca/page/ministry-seniors-accessibility

Ontario AODA Site: http://www.aoda.ca/

Employment Standards legislation defines the minimum requirements in dealing with employees in Ontario.  Other provinces and territories have their own legislation which is similar, but not identical to Ontario’s. 

Standards include, for example:

•          hours of work and overtime pay
•          statutory holidays and holiday pay
•          vacations and vacation pay
•          minimum wages
•          legislated leaves of absence
•          notice and severance pay when terminating without cause

USEFUL LINKS:

Ontario Ministry of Labour, Training and Skills Development: http://www.labour.gov.on.ca/english/es/