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CAALL — Canadian Association of Administrators of Labour Legislation

CAALL Bulletin - September 2009

Table of Contents

Alberta Recognizes Companies with Best Safety Records

Almost 700 Alberta employers have been recognized by the Government of Alberta and the Alberta Occupational Health and Safety Council for having superior health and safety records.

To be recognized as a “Best Safety Performer” these employers had to meet specific criteria:

A list of Alberta’s Best Safety Performers, by region, is available online at: http://employment.alberta.ca/SFW/1517.html. The Best Safety Performers Awards complement the priorities of the Work Safe Alberta program, a unique partnership between industry, labour and government. An integral part of the initiative is promoting workplace health and safety by increasing public awareness.

New Brunswick to Increase Minimum Wage

New Brunswickers earning minimum wage are receiving a $0.25 per hour increase, effective September 1, 2009.

The increase raises the minimum wage to $8.25. It is the second minimum wage increase in the past six months.

For more information on the minimum wage, paid public holidays, and the Employment Standards Act, contact the Employment Standards Branch of the Department of Post-Secondary Education, Training and Labour at 1-888-452-2687, or visit the department's website.

Saskatchewan Minimum Wage Board Seeks Public Input on Minimum Wage

The Saskatchewan Minimum Wage Board is reviewing the minimum wage and invites members of the public to participate.

Under Section 15 of the Labour Standards Act, the board's mandate includes reviewing Saskatchewan's minimum wage every two years.

The current minimum wage is $9.25 an hour.

For more information on the minimum wage in Saskatchewan, call toll-free at 1-800-667-1783 or visit www.aeel.gov.sk.ca/ls.

Manitoba to Increase Minimum Wage

The hourly minimum wage in Manitoba increased by 25 cents to $9 Oct. 1. Manitoba’s minimum wage increased by 25 cents to $8.75 an hour on May 1 and has increased incrementally from $6 an hour in 1999.

With this increase, Manitoba maintains its position near the middle of minimum wage rates among Canadian jurisdictions with Alberta, Yukon, Newfoundland and Quebec at or near $9.

Prince Edward Island - Minimum Wage Increases October 1

In March of 2009, the Executive Council approved a recommendation from the Employment Standards Board to implement a 40 cent increase to minimum wage through a two-stage approach. The final stage of this approach became effective October 1, 2009, when minimum wage increased to $8.40.

British Columbia Extends Reservist Job Protection

Changes to the Employment Standards Regulation will extend job-protected leave to Canadian Forces reservists called on to support the 2010 Olympic and Paralympic Winter Games.

In 2008, the Employment Standards Act was amended to provide reservists with job-protected leave from their civilian employment when they are deployed to a Canadian Forces operation outside of Canada, or to assist with an emergency inside Canada. The new regulation extends this support to reservists deployed to support the 2010 Games.

About 1,000 reservists are expected to be deployed to the Games, with half coming from within B.C. Many began their work in September, and will serve up to the completion of post-Games activities in March or April 2010.

As with other statutory leaves in B.C., employers will not be required to pay wages while the employee is on leave. Reservists will receive compensation from the Canadian Armed Forces for their services. When the reservist returns to work, the employer has to place the employee in their previous job, or in a comparable position.

The federal government has also extended Reserve Leave under the Canada Labour Code for the 2010 Olympic Games. The Canada Labour Code covers employment in federally-regulated industries such as banks, telecommunications and interprovincial transportation. Contact Gordon Williams, Communications Director, Ministry of Labour, 250 387-3134, for further information.

Government of Canada Intends to Table Legislation to Extend Employment Insurance Benefits for Long-Tenured Workers

The Honourable Diane Finley, Minister of Human Resources and Skills Development, and the Honourable Jean-Pierre Blackburn, Minister of National Revenue and Minister of State (Agriculture), recently announced that the Government of Canada has given notice that it intends to introduce legislation that would temporarily provide additional Employment Insurance (EI) regular benefits to unemployed long-tenured workers. These are individuals who have worked and paid EI premiums for a significant period of time and have previously made limited use of EI regular benefits.

This new measure is designed to provide additional support to workers who have paid EI premiums for years and made limited use of the program, while they look for jobs in a recovering economy. It is a temporary measure, which builds on those introduced in Canada's Economic Action Plan.

Through the Economic Action Plan, the Government is helping workers hardest hit by the economic downturn by providing additional support and skills training. The measures announced in the Economic Action Plan provide assistance to all unemployed Canadians. These measures include providing nationally five extra weeks of EI regular benefits, increasing the maximum duration of benefits from 45 to 50 weeks in regions of high unemployment, and protecting jobs through the Work-Sharing program. Under the Career Transition Assistance initiative, the Economic Action Plan also provides assistance to long-tenured workers who need training to transition to a new industry. Through the Economic Action Plan, the Government has also frozen EI premiums for 2010 at the same rate as 2009.

Nova Scotia Amending the Appeals Process for Discriminatory Action Complaints to Improve Efficiency

Under the Occupational Health and Safety Act, and employee can file a complaint of discriminatory action against their employer. Discriminatory action adversely affects an employee's terms and conditions of employment, or employment or promotion opportunities. This includes dismissal, layoff, suspension, demotion, job and location transfer, eliminating a job, reducing wages, and changing work hours.

When a discriminatory action complaint is filed, an occupational health and safety officer investigates rules whether it is valid. If that decision was appealed, under the old process, the director of occupational health and safety ruled. If the appellant was not satisfied with that decision, they could appeal to the occupational health and safety appeal panel. The amended process eliminates the director's role in appeal decisions, making the appeal panel the sole decision maker.

Since 2004, about 75 per cent of the director's discriminatory action decisions have been appealed.

Prince Edward Island - New Smoking Laws

The amendments to the Smoke-free Places Act became law at midnight, September 15, 2009.

In 2004, the Government of Prince Edward Island brought the Smoke-free Places Act into effect and led the country in restricting smoking in public places and work places.

The changes will further restrict smoking in public places and work places, and include:

Yukoners to be Informed of the Smoke-free Places Act and Regulation

A campaign informing Yukoners of their responsibilities under the new Smoke-free Places Act and regulation began recently.

Information packages have been sent to Yukon businesses informing them of their responsibilities under the act and regulation, and providing them with signs to place in and around their businesses. In addition, a public education campaign will run in local newspapers and on radio informing all Yukoners of what the act means to them.

The act and regulation stipulates where people can and cannot smoke. All enclosed public spaces must be smoke-free, including workplaces of more than one individual and public vehicles such as taxis and work vehicles carrying more than one person. In addition, the legislation prohibits smoking within five metres of all doorways, windows and air intakes.

The Yukon government offers assistance to smokers who want to reduce or stop smoking now or in the near future. The sessions are offered in Whitehorse, the communities, and via Telehealth. For information on any of these services, call Health Promotion at 1-800-661-0408 extension 8392.

For more information on the act and regulation, visit www.hss.gov.yk.ca/en/ or contact the Department of Health and Social Services at 1-800-661-0408 extension 8321.

Nova Scotia Implementing a Monetary Penalty System for relating to the Breach of Occupational Health and Safety Laws

Beginning in January, the Department of Labour and Workforce Development's occupational health and safety division will have the ability to issue penalties when violations of health and safety laws are found in workplaces.

Currently, monetary penalties for employers or employees who break occupational health and safety laws are assigned by the courts. Compliance is achieved through education, promotion, enforcement and prosecution. The new system will be an additional form of deterrence.

Although workplace injuries continue to decline, in 2008 there were 29 workplace fatalities and 8,000 incidents where employees were not able to go to work the next day.

Employers, supervisors and employees subject to the penalty can be appealed to the Occupational Health and Safety Appeal Panel. Penalties imposed on employers and supervisors will be larger than those imposed on employees and the penalty will increase if it is a repeat offence.

Other Canadian jurisdictions such as British Columbia, Manitoba, New Brunswick and the Yukon have penalty systems in place.

Nova Scotia - World's Largest Workplace Safety Campaign

Over 55,000 employees participated in a workplace safety campaign Sept. 14-20 put on by one Swedish company and its partners - making it the world's largest. It's the 5th year Skanska strives to increase workplace safety, prevent accidents and reach Skanska`s vision of an injury-free workplace with the target of zero accidents among employees, subcontractors and the general public.

Ontario - McGuinty Government Committed To Eliminating Workplace Injuries

Ontario will continue its efforts to reduce workplace injuries by focusing on construction site electrical hazards during an October workplace safety blitz.

Ministry of Labour inspectors will visit construction sites throughout the province looking for electrical hazards that could cause workplace injuries or fatalities.  Inspectors will check that electrical power is disconnected before work begins, that appropriate lockout procedures are being used, and that workers are otherwise protected if power cannot be disconnected.

The blitz is one of many being conducted under the province's proactive Safe At Work Ontario strategy to promote compliance with the Occupational Health and Safety Act.  For each conviction under the act, the court can impose a fine of up to $500,000 against a corporation. Individuals can be fined up to $25,000 or imprisoned up to 12 months, or both.

National Aboriginal Health Organization Launches New Web Site

The National Aboriginal Health Organization (NAHO) recently launched a revamped version of its popular Web site – www.naho.ca.

Highlights of the new Web site include:

Parliament/Legislatures/Assemblies

Adjournment date Resumption date
Alberta June 3, 2009 October 26, 2009
British Columbia August 25, 2009
House of Commons June 19, 2009 September 14, 2009
Manitoba June 11, 2009 September 14, 2009
New Brunswick June 19, 2009 November 24, 2009
Newfoundland-Labrador May 28, 2009 September 8, 2009
Northwest Territories June 4, 2009 October 15, 2009
Nova Scotia May 4, 2009 September 17, 2009
Nunavut June 18, 2009 November 24, 2009
Ontario June 4, 2009 September 14, 2009
Prince Edward Island May 15, 2009
Québec June 18, 2009 September 15, 2009
Saskatchewan May 14, 2009 October 21, 2009
Yukon May 14, 2009

Upcoming Events

Event Location Date
OHS Compliance Summit 2009: Practical Risk Management Strategies for Canadian OHS Professionals Toronto, Ontario October 14-15, 2009
Awards ceremony for innovation in workplace health and safety Centre des sciences, Montréal, Quebec October 22, 2009
8th Annual Alberta Health & Safety Conference and Trade Fair Calgary Stampede Round Up Centre, Calgary, Alberta October 26-28, 2009
Grand Rendez-vous en santé et sécurité du travail Palais des congrès, Montréal, Quebec November 3-4, 2009
Workers Compensation Research Institute (WCRI) Annual Issues & Research Conference Boston, Massachusetts November 4-5, 2009
Human Factor Perspectives on Safety SFU Segal Graduate School of Business, Vancouver, British Columbia November 30, 2009
Canadian Centre for Occupational Health and Safety (CCOHS) Forum III Gatineau, Quebec March 8-9, 2010
Health & Safety Canada 2010 Industrial Accident Prevention Association (IAPA) Conference and Trade Show Toronto, Ontario May 3-5, 2010
International Forum on Disability Management Los Angeles, California September 13-16, 2010
18th Annual National Workers' Compensation and Disability Conference & Expo Chicago, Illinois November 18-20, 2010