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Canadian Workplace Legislation and News - Updates for February 2009

Canada

Canada Summer Jobs Program Opening Soon

Canada Summer Jobs is an initiative of the Summer Work Experience program. It provides funding for not-for-profit organizations, public-sector employers and small businesses with 50 or fewer employees to create high-quality summer job opportunities for students between the ages of 15 and 30. The application period for Canada Summer Jobs 2009 will be from February 2 to February 27, 2009.

Canada Summer Jobs Program 2009

Automobile Benefits Online Calculator


The Canadian Revenue Agency has posted a new Automobile Benefits Online Calculator on their website.  It allows you to calculate the estimated automobile benefit for withholding purposes based on the information you provide.

Canada Revenue Agency

Automobile Benefits Online Calculator

Pay Period Leap Year In 2009

The year 2009 has 27 bi-weekly paydays instead of 26. This may present an issue as bi-weekly pay programs pay employees in 14-day increments, which results in a 364 day annual pay cycle. Since there are either 365 or 366 days in a year, every 5 years or so, there is a calendar year with 27 pay periods instead of the typical 26. 

Actuarial Standards Board Releases Final Standard for Commuted Values


On December 8, 2008, the Actuarial Standards Board (ASB) of the Canadian Institute of Actuaries approved the Final Standard of Practice for Pension Commuted Values (Final CV Standard). With minor exceptions, the Final CV Standard is identical to the Revised Exposure Draft published on October 28, 2008 (October Exposure Draft). The Final CV Standard will be effective April 1, 2009 and will govern the calculation of most lump-sum settlements paid from registered defined benefit pension plans in Canada. It will also affect pension plan solvency measures and other administrative calculations.

Watson Wyatt - Actuarial Standards News Release

Interest Rates for the First Calendar Quarter

The Canada Revenue Agency (CRA) announced the prescribed annual interest rates that will apply to any amounts owed to the CRA and to any amounts the CRA owes to individuals and corporations. The rates are calculated quarterly in accordance with applicable legislation and will be in effect from January 1 to March 31, 2009.

Canada Revenue Agency - Interest Rates for the First Calendar Quarter

Variable Pay in a Volatile Market

The volatility of financial markets have been wreaking havoc on employees that rely on variable pay, causing companies to consider adjustments to their programs. In a new publication from Ernst & Young Performance and Reward Professionals, four alternatives, and the associated disclosure, tax and accounting implications for companies and employees are discussed.

Variable Pay in a Volatile Market - Ernst & Young

2008 T4/RL-1 Information Returns, Summary Forms

Employers must file 2008 T4 (and in Quebec RL-1) information Returns, Summary Forms and provide employees with T4/RL-1 Slips by the last day of February 2009 (February 28). In the event that employers fail to comply, the penalty for each failure is $25 a day with a minimum penalty of $100 and a maximum of $2,500. If the last day of February is a Saturday or Sunday, information returns are due the next business day.

CRA - T-4 Filing Information Returns ElectronicallyRL-1 Internet Filing - Revenue Quebec


Alberta

February 16, 2009: Family Day, Public Holiday

Alberta Family Day was declared to recognize the values held by the pioneers who built Alberta and the values of home and family.  Alberta Family Day is celebrated on the third Monday of February. It is a statutory holiday in Alberta. Family Day is recognized as a General (statutory) Holiday under the Alberta Employment Standards Code. This means that employees who qualify may be entitled to have the day off and receive General Holiday pay.  If the employee is required to work on the holiday, the employee must be paid regular pay plus a premium rate of pay (premium pay is 1½ times the employee’s regular rate of pay) for the hours worked on the holiday or regular wages and get a substituted day off with pay at a later date.

Employment Alberta - Family Day


British Columbia

E-Health Act to Regulate Health Records

The British Columbia government has enacted new health legislation to regulate health records.  This transition from paper to electronic records will be implemented gradually across the province starting in 2009. The E-Health Act will regulate information sharing and privacy in development of the Electronic Health Record (HER). Key elements of the new regulations will:

  • Allow individuals to issue disclosure directives to block access to (or “mask”) their personal information when the EHR implementation begins in summer 2009;

  • Prohibit disclosure of information from a Health Information Bank (HIB) for market research;

  • Establish a data stewardship committee made up of members from the health authorities, health professions and the public to evaluate requests from researchers for access to information in the EHR;

  • Permit patient contact information to be disclosed for the purposes of asking individuals to participate in health research, with the specific approval of the B.C. Information and Privacy Commissioner (April 1, 2009);

  • Add new whistleblower protection to protect individuals who report privacy breaches to the chief data steward or the privacy commissioner and to encourage good faith reporting to enhance privacy protection; and,(use HRD's Whistle Blower Policy)

  • Establish penalties for privacy and security breaches in the EHR. Penalty provisions for privacy breaches in HIBs will incur a maximum $200,000 fine.

Government of B.C. News Releases


Manitoba

Minimum Wage Increase Planned, and Measures to Protect Workplace Pension Plans

The Manitoba Labour and Immigration Minister Nancy Allan announced that extending the time frame for businesses with workplace pension plans to fund solvency deficiencies, cutting the small business tax and staggering a minimum wage increase will help businesses better manage economic uncertainty next year. On May 1, 2009, Manitoba’s minimum wage will increase by 25 cents to $8.75 an hour and, on Oct. 1, 2009, the rate will increase by another 25 cents to $9 an hour.

Manitoba Labour and Immigration - News Releases

February 16, 2009: Louis Riel Day, Public Holiday

Louis Riel Day in Manitoba was initiated to recognize the values of home and family. Employees get a day off and are paid their regular wages for the general holiday.  Louis Riel Day will fall on the third Monday of each February.

Louis Riel Day is recognized as a General (Statutory) Holiday under the Manitoba Employment Standards Code. This means that employees who qualify may be entitled to have the day off and receive General Holiday pay.  If the employee is required to work on the holiday, the employee must be paid regular pay plus a premium rate of pay (premium pay is 1½ times the employee’s regular rate of pay) for the hours worked on the holiday or regular wages and get a substituted day off with pay at a later date.

Manitoba Employment Standards - Louis Riel Day

Canada Revenue Agency - Public Holidays


New Brunswick

Bill 20 Set to Provide Increases to Wage-Loss Benefits

Bill 20, an Act to amend the Workers' Compensation Act, received first reading in the New Brunswick legislature. The bill is intended to increase the percentage of wage loss benefits that Work-Safe New Brunswick will be required to set aside for pension benefits from five percent to 10 percent. 

Government of New Brunswick - Bill 20


Newfoundland and Labrador

Guide to Hiring Immigrants and International Students

In an effort to further assist employers in Newfoundland and Labrador prepare for a prosperous future, the Provincial Government is now providing a new Employers’ Guide to Hiring Immigrants and International Students. The new guide is an initiative of the Provincial Immigration Strategy and a Labour Market Integration Project, funded by the Labour Market Development Agreement of Human Resources and Skills Development Canada. The guide will help employers understand what is involved in hiring immigrants and international students.

Government of Newfoundland and Labrador News Releases

Guide to Hiring Immigrants and International Students


Nova Scotia

The Public Has a Right to Know About Workplace Accidents

Nova Scotia's Supreme Court ruled that Nova Scotians have a right to know which employers have the most workplace accidents.  As such, the Workers' Compensation Board has been ordered to name the 25 employers who reported the most accidents and injuries over a three-year period from 2004 to 2006.

Supreme Court of Nova Scotia Decisions


Ontario


2009 WSIB Benefits Facts and Figures


Each year, benefits are indexed by the appropriate indexing factor. For 2009: the general indexing factor has been set at 2.5%, as per Bill 187 to provide fairer compensation for injured workers whose benefits have not kept pace with inflation, and the alternate-indexing factor (Consumer Price Index or CPI) is set at 2.5%.


WSIB 2009 Facts and Figures

Determining Date of Injury

The Ontario WSIB recently made amendments to their policy to eliminate any confusion existing between “Date of Injury” and “Date of Accident”.  This policy amendment directly affects employers' obligations to re-employ and to contribute toward workers' employment benefits.  A worker’s date of injury varies based on the nature of the event(s) that give rise to his or her claim for benefits under the Workplace Safety and Insurance Act (the Act). For all purposes associated with the administration of benefits and services under the Act, a worker’s date of injury is the same as his or her date of accident.

WSIB - Determining Date of Injury

WSIB Benefits Rates, 2009

The Workplace Safety and Insurance Board (WSIB) provides workers with various benefits and may pay for a variety of expenses associated with their claims. These benefits are in addition to loss of earnings and health care treatments. The following rates apply for the year 2009.

WSIB - Benefits Rates 2009

Government to Amend Employment Standards Act

The Ontario government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and announced related changes to the Employment Standards Act regulations. These changes will affect employers or organizations that:

  • Employ “Elect to Work” or casual employees;

  • Are a temporary help agency;

  • Use the services of a temporary help agency.

Ontario Legislature - Bill 139

Collective Agreement Can Specify an Agreed Penalty for Employee Misconduct

A recent Ontario court decision provides the ability for unions and companies to specify in their collective agreements what the penalty will be for certain employee misconduct.

McLennan Ross LLP

Family Day, Public Holiday, February 16, 2009

Family Day is recognized as a General (Statutory) Holiday under the Ontario Employment Standards Act. This means that employees who qualify may be entitled to have the day off and receive General Holiday pay.  If the employee is required to work on the holiday, the employee must be paid regular pay plus a premium rate of pay (premium pay is 1½ times the employee’s regular rate of pay) for the hours worked on the holiday, or regular wages plus a substituted day off with pay at a later date. Family Day will be held on the third Monday in February every year. The regulation making Family Day a holiday under the Employment Standards Act, 2000 (ESA) came into force on October 12, 2007.

Ontario Ministry of Labour - Family Day


Prince Edward Island

February 9, 2009: Islander Day, Public Holiday

Prince Edward Island has enacted the Islander Day Act, which will introduce an additional public (statutory) holiday known as Islander Day on the second Monday in February each year, throughout the province. This new public holiday starts on February 9, 2009.

P.E.I. Legislature - Islander Day Act


Quebec

Minimum Wage Increase


On January 19, 2009, the Quebec government announced that it will increase its minimum wage as part of a plan to stimulate the economy and counter the current tough economic conditions. An increase of 50 cents is planned, bringing the general minimum wage rate to $9.00 an hour as of May 1, 2009.

Quebec announces increase to minimum wage as part of stimulus plan

Proposed guaranteed pension plan

The Quebec Pension Plan (known as the Régie des rentes du Québec) will take over the management of insolvent pension plans and guarantee retirement income for five years to those who are entitled, and will be retroactive to Dec. 31, 2008.  The legislation gives the QPP the authority to improve benefits to workers if needed. If the targeted pension plans have insufficient assets to cover benefits, the government will pay the required sums to make them solvent.

Business News Network - Quebec Proposes Guaranteed Pension Plan


Saskatchewan

Minimum Age of Employment Changes for 2009


The province of Saskatchewan has lowered its minimum working age by one year to 15 for some jobs. As of the beginning of the year, 15-year-olds will be able to work in hotels, restaurants, educational institutions, hospitals and nursing homes. Under the new rules, 15-year-olds cannot work more than 16 hours per week to ensure they have sufficient time for school work.  The change will be reviewed in May 2009, following a consultation process starting this month. The government will also look at an absolute minimum age of employment in Saskatchewan and other employment standards to protect the well-being of young people entering the workforce. There is currently no absolute minimum age of employment outside of the following five sectors: hotels, restaurants, educational institutions, hospitals and nursing homes. Current legislation continues to restrict the employment of young people during school hours, in the sale, handling or service of alcohol, and in certain high-risk occupations.

Government of Saskatchewan - Minimum Age of Employment for 2009


February 16, 2009: Family Day, Public Holiday

Family Day is recognized as a Public (Statutory) Holiday. This means that employees who qualify may be entitled to have the day off and receive Public Holiday pay.  If the employee is required to work on the holiday, the employee must be paid regular pay plus a premium rate of pay (premium pay is 1½ times the employee’s regular rate of pay) for the hours worked on the holiday or regular wages plus a substituted day off with pay at a later date.  Family Day will be held on the third Monday in February every year.

 

Government of Saskatchewan News Releases - Family Day

 


Yukon


New Certificate of Recognition (COR) Requirements


Beginning January 1, 2009, the Government of Yukon will introduce the Certificate of Recognition (COR) requirement on certain contracts for construction. The type of work, rather than the type of contract, determines whether a COR is a contract requirement.


Government of Yukon - COR Requirements 2009


Proposed reservist leave


On December 12, 2008, the Yukon government launched a public consultation on proposed amendment would mirror changes made early in 2008 under the Canada Labour Code to provide job protection for Yukon members of Canada’s Reserve Forces while they are absent from their civilian employment to take part in official military operations and annual training.

 

Government of Yukon - Reservist Leave

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