CACE Advocacy Committee:
New Developments in the Past Year: What you Need to Know

Date: January 30, 2024
Time: 12:00 pm – 1:30 pm EDT
Cost: Complimentary to all Current CACE Members

To register, please click on the registration link below or copy and paste it into your browser
https://attendee.gotowebinar.com/register/4706008059363401562

CPD for 2023 Annual Conference

BC - 11:05 hours overall. 65 Minutes of EDI for the Thursday, September 21, 2023 - 1:00 pm – 2:05 pm - Indigenous Peoples and Groups - Current Issues in Labour Relations and Employment , 75 Minutes of Professionalism / Ethics for the Saturday, September 23, 2023 - 10:35 am – 11:50 am - Ethical issues in the Administrative Tribunal Settings - Arbitrator Panel & 8 hour and 45 minutes - Substantive for the rest of the conference sessions listed on the attached program.

AB - Self reporting

SK - approved for 14.5 CPD hours which 2.25 qualify for Ethics. This can be found by searching, “CACE 2023 - 20th Annual Conference”.

MB - Self reporting

ON - Session Title: Indigenous Peoples and Groups - Current Issues in Labour Relations and Employment Total Approved Professionalism: 1 hour(s) and 15 minute(s) & Total Approved EDI Professionalism: 1 hour(s) and 5 minutes(s) & Session #: 2 - Session Title: Ethical issues in the Administrative Tribunal Settings - Arbitrator Panel - Approved Professionalism: 1 hour(s) and 15 minute(s) Attendees can also claim 8 hour and 45 minutes Substantive CPD.

QC - 11 hours 05 minutes. Please email Tracy and she can send you a certificate of attendance.

NB - 65 Minutes of EDI for the Thursday, September 21, 2023 - 1:00 pm – 2:05 pm - "Indigenous Peoples and Groups - Current Issues in Labour Relations and Employment", 75 Minutes of Professionalism / Ethics for the Saturday, September 23, 2023 - 10:35 am – 11:50 am - "Ethical issues in the Administrative Tribunal Settings - Arbitrator Panel" & 8 hour and 45 minutes - Substantive for the rest of the conference sessions listed on the attached program.

NS - Self reporting

PE – Self reporting

NT - Self reporting

USA - We can issue you a certificate for your State Bar Associations

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<span class="preheader" style="color: transparent; display: none; height: 0; max-height: 0; max-width: 0; opacity: 0; overflow: hidden; mso-hide: all; visibility: hidden; width: 0;">CACE Spring 2023 Newsletter - FLC, Membership Renewal, etc.</span>
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<p><span style="color: #993300;"><strong>HAPPY SPRING 2023!</strong></span></p>
<p><strong><span style="color: #993300;">We wanted to connect with members to provide an update on some of the recent CACE activities and initiatives.</span></strong></p>
<p><strong><span style="color: #993300;">We wanted to remind members that our Board of Directors prepare reports three times a year advising of legislative changes and significant cases in their Province. These reports are an excellent resource to keep abreast of significant cases and legislative changes in labour and employment across the country.&nbsp; To access these reports, you need to login to your membership portal and then click on "Resources" </span></strong><strong><span style="color: #993300;">at the top of the page and then "Board of Directors &amp; Committee Chair Reports".</span></strong></p>
<p><strong><span style="color: #993300;">We also wanted to remind you to save the date for our 20th Anniversary Annual Conference, September 21-23, 2023 in Vancouver, BC!&nbsp; Registration will open June 1, 2023.</span></strong></p>
<p><strong><span style="color: #993300;">Rebecca Saturley, CACE President 2022-2023</span></strong></p>
<p><img src="https://www.counseltoemployers.ca/uploads/content/fullsize/FLCBannerNewsletter1.jpg" alt="" class="center"></p></span>
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<span class="editContent" id="maincontent" rel="maincontent"><p>Reminder there are only a few spots still available for our 7th annual Future Leaders Conference, tailored for CACE members ten years at the bar or less, being held in Toronto, May 6-7, 2023.&nbsp; We are happy to note that our <strong>hotel block has been extended until Tuesday, April 11, 2023</strong>, so please&nbsp;<a href="https://www.counseltoemployers.ca/2023-future-leaders-conference-hotel" target="_blank" rel="force_download">reserve your hotel</a> and register ASAP to join us for this exciting program!</p>
<p><img src="https://www.counseltoemployers.ca/uploads/content/fullsize/MembershipRenewalBannerNewsletter.jpg" alt="" class="center"></p>
<p>Registration for discounted firm memberships for 2023-2024 year are now open and need to be completed before May 24, 2022 to qualify for the discounted firm membership price.</p>
<p>Individual memberships can only be renewed after the May 31st expiry date. The same with in-house counsel, though the membership fee remains complimentary, you must renew yearly after May 31st to confirm your practice still qualifies for membership.</p>
<p>Each firm that participated in the previous bulk firm memberships was assigned a firm Administrator Login and Password. It you do not recall your Firm Admin person or would like to change it, please email Tracy Scanks <a href="mailto:tracy@proconadvantage.com">tracy@proconadvantage.com</a>&nbsp;and she will be happy to assist.</p>
<p><strong>Instructions for Firm Administrators</strong><br>Login to the website at – <a href="http://www.counseltoemployers.ca">www.counseltoemployers.ca</a>&nbsp;– click on “Member login” at the top of task bar – a pop-up will appear – at the bottom of pop-up click on “login as Firm Admin”.<br>Your Administrator’s email address is their login – please enter the password you previously set up. If you do not recall password – click on “Forgot Password” A one-time use time sensitive Password will be emailed to you. Please login as soon as you receive it and change the password.</p>
<p>From there you can review your membership list and add or delete members. Note: if you “deactivate” a member they will be removed from the system entirely. If you do not want to delete them just not include in bulk membership, please advise Tracy and she can change them to an “Individual member” and they won’t be removed from the system. Payments for memberships must be made online with a Visa or MasterCard – we do not accept cheques.</p>
<p>To make the payment – click on “Members” to review your list of members in the admin pop-up – then “Firm Rate: - select how many members – then click on “Renew Firm” – it will then take you to “payments” and you can click check out and make the payment.<br>Categories for discounted membership remain at the same rate as previous years. Please click here to view current categories and rates.</p>
<p>We appreciate your continued support of CACE and as always remain at your service if you have any questions or need assistance.</p></span>
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<p><span style="color: rgb(0, 0, 128);">CACE has been granted intervener status at the Supreme Court of Canada on a freedom of association case arising out of Quebec. The SCC granted CACE leave to intervene on the question of whether the exclusion of employees who perform management functions or are the representatives of the employer from the definition of “employee” in the Quebec&nbsp;<em>Labour Code&nbsp;</em>constitutes an infringement of the freedom of association of such managers.</span></p>
<p><span style="color: #000080;">CACE was also granted leave to intervene on a case out of the Nova Scotia Court of Appeal. The case was heard at the end of March. CACE's position is that the SCC's decision in&nbsp;<em>Horrocks&nbsp;</em>governed in Nova Scotia and all human rights issues arising in a unionized workforce within the exclusive jurisdiction of a labour arbitrator.</span></p>
<p><span style="color: #000080;">CACE is seeking intervener status in two cases arising out of Ontario. The first one involves wage restraint legislation. Since the wage restraint legislation applied to both unionized and non-unionized employees in the public and quasi-public sector, CACE's position is that the Applications Judge went too far in striking down the entire statute. The Applications Judge should have tailored his remedy to striking down only those parts that applied to unionized employees, as freedom of association has not extended to apply to non-unionized employees. Lastly, CACE is seeking intervener status at the SCC in a case where the Ontario Court of Appeal found that section 8 of the Charter (unreasonable search and seizure) applied to a School Board whose Principal found evidence on a school teacher's Gmail account that she accessed through the School Board's computer. CACE will be seeking status on the broader ramifications of this decision, including whether all constitutional provisions apply to regular workplace administration.&nbsp; &nbsp;</span></p>
<p><span style="font-size: 10pt;"><em><span style="color: #000080;">The CACE Board would like to thank to our Advocacy Chair, George Avraam and our Advocacy Committee members who have been extremely busy both vetting and preparing submissions and interventions on our behalf.&nbsp; Note, we are always looking for new members to get involved with this or any of our other committees.&nbsp; To join any of the Committees, please email Tracy, our Executive Director at&nbsp;<a href="mailto:tracy@proconadvantage.com">tracy@proconadvantage.com</a>.&nbsp;</span></em></span></p></span>
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Bulk Memberships & Individual Membership Renewals for Private Practice and In-house Counsel Members - 2023-2024

All Firm bulk discounted memberships must be completed by May 24, 2024. Please check with your firm Admin to see if your firm participated in the bulk firm discounted memberships.

All individual memberships expire May 31st (yearly) including In-house and Govenment counsel memberships. All must renew yearly to confirm their practice still qualifies and to list any trade or union work. Individuals can renew their memberships as of June 1st (and are able to register for the conference after renewing).

To renew your membership, login with your email address. If you do not remember your password, click "forgot password" and a one-time use, time-sensitive email will be sent to you to acess your account. The system sends these emails automatically - please check your SPAM filter if you don't receive right away. Once logged in, please change your password immediately. In your membership pop-up click on the renewal tab.

Note, all renewals are processed manually and you will be notified by email when your membership has been approved. Membership renewal payments can only be made on-line with a credit card (VISA or MASTERCARD only).

Congratulations to Karen Jensen, Canada’s first pay equity commissioner, and former long-standing member of CACE, on her new role as Judge of the Superior Court of Justice of Ontario as of October 28, 2022. 

CPD Credits for 2022 Annual Conference

BC – 11. hours 55 Minutes total with 2 hour and 20 minutes Professionalism for - "I Said What??: An end to Shop Talk - a movement towards cultural and societal awareness in the workplace" and "Pandemic Realities: The Rise of Self-Represented Litigants" sessions

AB - Self reporting

SK – 12.0 hours total with 2.5 hours that being Ethics for the "I Said What??: An end to Shop Talk - a movement towards cultural and societal awareness in the workplace" session & the "Pandemic Realities: The Rise of Self-Represented Litigants and Generalists" session 

MB – Self reporting

ON - 9.35 hours of substantive content plus EDI Professionalism: 1 hour(s) and 5 minute(s) - I Said What??: An end to Shop Talk - a movement towards cultural and societal awareness in the workplace & Professionalism: 1 hour(s) and 15 minute(s) - Pandemic Realities: The Rise of Self-Represented Litigants and Generalists

QC – 11 hours 55 minutes. We can issue you a certificate after the conference

NS – Self reporting

NB - 11 hours 55 Minutes total with 2 hour and 20 minutes Ethics credits for the "I Said What??: An end to Shop Talk - a movement towards cultural and societal awareness in the workplace" session & the "Pandemic Realities: The Rise of Self-Represented Litigants and Generalists" session

PE – Self reporting

NT - Self reporting

USA - We can issue you a certificate for your State Bar Associations

Individual Membership Renewals for Private Practice and In-house Counsel Members - 2022-2023

We have completed the bulk firm membership renewals for 2022-2023. Please check with your firm Admin to see if your firm participated in the bulk firm discounted memberships.

All individual memberships expire May 31st including In-house and Govenment counsel memberships. All must renew yearly to confirm their practice still qualifies and to list any trade or union work.

To renew your membership, login with your email address. If you do not remember your password, click "forgot password" and a one-time use, time-sensitive email will be sent to you to acess your account. The system sends these emails automatically - please check your SPAM filter if you don't receive right away. Once logged in, please change your password immediately. In your membership pop-up click on the renewal tab.

Note, all renewals are processed manually and you will be notified by email when your membership has been approved. Membership renewal payments can only be made on-line with a credit card (VISA or MASTERCARD only).

CACE would like to extend our gratulations to long standing member, Brian A. O’Byrne, formerly from Fasken Martineu DuMoulin LLP on his appointment as Chair of the Ontario Labour Relations Board starting February 2022.

CACE Human Rights Committee:
Anti-Racism and Anti-Oppression Webinars Series – Winter 2022

The CACE Human Rights Committee continues its Anti-Racism and Anti-Oppression webinars series with three additional webinars scheduled for Winter 2022.

We we will be applying for EDI and Professionalism accreditation for each of these webinars and will keep participants posted. All of our webinars will be recorded in case members can't make all of the dates.

For a printable copy of the CACE Human Rights Committee Anti-Racism and Anti-Oppression Winter 2022 webinar series, please click here.  Registration links can also be found under our event calendar listings. 

CACE Human Rights Committee: Anti-Racism and Anti-Oppression Webinars Series – Fall 2021
Registration and Information

The CACE Human Rights Committee has produced three Anti-Racism and Anti-Oppression webinars for the Fall of 2021 and will be continuing the series with three additional webinars in early 2022.

We we will be applying for EDI and Professionalism accreditation for each of these webinars and will keep participants posted.  All of our Fall webinars will be recorded in case members can't make all of the dates.  

For a printable copy of the CACE Human Rights Committee Anti-Racism and Anti-Oppression Fall 2021 webinar series, please click here. 

CACE Fall 2021 Webinar Schedule - Save the Dates & Registration Information!

We are very pleased to share the schedule of the 2021 annual conference sessions that have now been turned into a slate of webinars starting September 2, 2021 to November 30, 2021.  

Our annual conference Co-Chairs, Christopher Deehy and Catherine Maheu, along with our 2021 annual conference Committee members, were instrumental in helping us develop and convert these conference sessions into webinars to continue to provide our members with the high level labour & employment specific CLE.

Note that some webinar dates may be subject to change due to speaker availability. We will be sending email invites for each individual webinar approximately four weeks before the webinar date.  The webinars will be recorded to allow members that cannot make the date to watch at a later time, and to assist them in getting their CLE credits for 2021.  Once we have released registration, registration links can be found under Conferences/Event calendar on our website.

All webinars will be complimentary to current CACE members.  Please click here for a printable copy of the schedule.

CACE Board of Directors

2021 Membership Renewal

All discounted bulk firm memberships must be renewed before May 24, 2021.

All individual private practice and coporate counsel memberships can be renewed after the yearly expiry date of May 31st. Corporate Counsel memberships are still complimentary but must renew yearly to confirm their practice still qualifies.

For further information please visit our membership guidelines page. 

Register for 2021 Virtual CACE Future Leaders Conference
Tailored for lawyers 10 years at the bar or less.
June 22, 2021
1:15 pm - 4:50 pm EDT

Please click here for a copy of the virtual conference agenda.
Registration is complimentary and open to current members of CACE by clicking the registration link below.
Register

2021 Conferences & Membership Message from CACE President 
March 30, 2021

Please click here to view a copy of the written message.

2020-2021 CACE Board of Directors

Dear Members,

In hopes that we will still be able to hold our annual conference, September 23-25, 2021 in Montreal, Quebec, we invite members to join the 2021 Conference Planning Committee.  

The Committee meets once per month starting October 28, 2020 to April 20, 2021 by conference call. A schedule will be circulated to those who join the Committee.  We understand that not all Committee members will be able to attend every call; and invite Committee members to send in their topic and speaker suggestions via email in their absence. 

If you are interested in joining the Committee, please email our Executive Director, Tracy Scanks E-mail: {{protect/tracy@proconadvantage.com}} , with your name, firm/organization name and email address.  We also welcome you to put forward any ideas for conference session topics at this time. Tracy will compile a list for discussion on our first call.

Kind regards,

Catherine Maheu & Christopher Deehy - CACE 2021 Annual Conference Co-Chairs
Amy Tibble, CACE President

CACE - Fall 2020 Webinar Schedule

We are very pleased to share the schedule of the 2020 annual conference sessions that have now been turned into a slate of webinars starting in September, 2020 to the end of November, 2020.  

Note that some webinar dates may be subject to change due to speaker availability. We will be sending email invites for each individual webinar approximately four weeks before the webinar date.  The webinars will be recorded to allow members that cannot make the date to watch at a later time, and to assist them in getting their CLE credits for 2020.

All webinars will be complimentary to current CACE members.  You can review the webinar schedule by clicking here.

CACE Board of Directors

June 5, 2020

CACE Statement of Solidarity

The Canadian Association of Counsel to Employers (CACE) has seen the recent events unfold in the response to the killing in the United States of George Floyd and in our own country, following the deaths in just the past few weeks of Chantel Moore, Regis Korchinsky-Paquet, Stewart Kevin Andrews, Jason Collins, Eishia Hudson, and D’Andree Campbell and the excessive use of force in the arrest of an unidentified Indigenous man by a police officer who intentionally struck him with a moving vehicle.

We must acknowledge the devastating and asymmetrical impact this type of conduct has had on communities of colour, in particular on Black and Indigenous communities. Most relevant to our organization, we recognize that members of underrepresented communities continue to face barriers in employment. 

We recognize that we have our part to play. We invite our membership to keep an eye out for our forthcoming program on the impact employers can have in the reconciliation process. We further recognize the importance of anti-racist/anti-oppression (ARAO) training because we know that this can lead to sustainable and meaningful change. 

The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada. CACE promotes excellence in the specialized field of labour and employment law, and engages in legislation and law reform activities at the provincial and federal level.

CACE COVID-19 Committee Webinar
COVID-19: Practical Advice for Re-Opening the Workplace 
Date: June 16, 2020
Time: 1:30 pm – 3:00 pm EST
Cost: Complimentary to all current CACE Members
(your membership must be up to date to register)

Please join our moderator Amy Tibble, Hicks Morley and speakers Cheryl Edwards, Mathews, Dinsdale & Clark LLP, Adrian Ishak, Salesforce, Clarence Bennett, Stewart McKelvey and David Fraser, McInnes Cooperfor this webinar as they discuss the key issues outlined below from a OHS, Human Rights, Privacy & Employment Law perspective.

CACE invites you to send in practical questions in advance for the panel to address. Please submit your questions by no later than JUNE 9, 2020 either on the webinar system or by email Tracy at tracy@proconadvantage.com.

The Realities of the Permanent (or extended) Remote Workforce:

• OHS, Human Rights (accommodation, mental health), WSIB, productivity, harassment issues, working alone, etc.

Returning Workers to the Workplace:

• Work refusals, mandatory testing, refusals to be tested, unsafe commute (mass transit), employee distancing (workstations, elevators), strategies (staggered hours/start or end times/work days), refusal to return because CERB is better, etc.

Practical Advice on Other Thorny Issues

• The most pressing practical issues for employers, from amongst questions submitted, will be discussed by the panel

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/4793336741757490959 Please note that we will be applying for accreditation from the various law societies and will keep participants posted.

REGISTRATION IS NOW OPEN FOR OUR FUTURE LEADERS WEBINARS!
The Future Leaders webinars are designed for lawyers ten years at the bar or less.

June 10, 2020 - Back to Basics: Rules of Evidence in Employment Trials and Arbitrations – 1:30 pm ET - click here to register

Speaker: Rebecca Saturley, Stewart McKelvey & Moderators: Casey Dockendorff, Filion Wakely Thorup Angeletti LLP & Martin Thompson McMillan LLP

• Hearsay
• Notes
• Social Media
• Relevance at arbitration: does it exist?
• Expert Evidence

June 18, 2020 - Settlement Tips, Tricks and Pitfalls – 1:30 pm ET - click here to register

Speakers: Guy Lavoie, Lavery de Billy, Casey Dockendorff, Filion Wakely Thorup Angeletti LLP & Martin Thompson McMillan LLP

• Can I structure a settlement such that some payments are deferred into a new
  year?
• What is a “retiring allowance” and why does it matter?
• Transferring a retiring allowance to an RRSP account: what are the rules?
• Dealing with a Plaintiff who has received E.I. benefits
• Legal fees, general damages, moving expenses, benefits and other heads of damages- taxable or not?
• What if the Plaintiff is not a Canadian resident?
• What about interest payments- taxable or non-taxable?

Please watch your email - as we will be sending a schedule of the Ten (September - November 2020) Annual Conference Webinars in mid June!

Please note that we will be seeking accreditation from the various law socities and will keep members posted. All webinars will also be recorded to view at a later time, for those that cannot make the date.

Thank you for your dedication and support,

CACE Board of Directors

CACE COVID-19 Committee Webinar
COVID-19 – Strategies for the New Normal

Date: May 26, 2020
Time: 1:30 pm – 3:00 pm EST
Cost: Complimentary to all current CACE Members
(your membership must be up to date to register)

Please join our moderator Amy Tibble, Hicks Morley and speakers Ryan Conlin, Stringer LLP, Rebecca Saturley, Stewart McKelvey, Ryan Berger, Lawson Lundell LLP and Gavin Marshall, Roper Greyell LLP for this webinar to discuss how we counsel our clients to move forward in this “new normal.” This webinar will focus on four keys areas:

Occupational Health & Safety issues:

• The General Duty Clause: How can employers determine what is a “reasonable precaution” in the circumstances of COVID-19
• Navigating the choppy waters of work refusals and OH&S reprisal claims
• Effectively engaging the Joint Health and Safety Committee
• Considerations for developing effective hazard assessment strategies
• OH&S Regulator at the Door: Strategies for preparing for regulatory inspections and investigations

Human Rights issues:

• The disease itself - when do you have to accommodate and why?
• Working for Home and Returning to Work - how do you manage accommodations for family status.
• Keeping the workplace respectful upon return - what challenges await us.

Privacy issues:

• Can an employer conduct health screening such as questionnaires, temperature testing, and contact tracing?
     a. Legal framework
     b. Use of technology
• Some best practices if an employer is implementing screening measures.

Employment Law issues:

• Terminations, “lay-offs” and leaves of absence
• Returning to work - constructive dismissal hazards
• Employment decisions and new federal support programs
• Changed workplaces, changed jobs, and the law

 
To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/4423572080272140303 Please note that we will be applying for accreditation from the various law societies and will keep participants posted.

CACE OHS Webinar
Expertly Done: The Use of Expert Witnesses in Health and Safety Matters

Date: April 17, 2020
Time: 12:00 pm – 1:15 pm EST
Cost: Complimentary to all Current CACE Members 

(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Moderated by Carissa Tanzola, Filion Wakely Thorup Angeletti LLP. Presented by Jeremy Warning, Mathews Dinsdale & Clark LLP and Jeremy Schwartz, Stringer LLP.

Assisting clients in OHS matters is becoming increasingly complex and, often, involves technical issues relating to the cause of an accident, the use and functioning of equipment or machinery, structural issues, or other matters relating to health and safety. As a result, experts can be important for the regulator and employers. This webinar will explore how counsel and employers can effectively use and respond to experts, both inside and outside of the courtroom. Practical and strategic considerations will be provided as our speakers discuss:

• Considerations for identifying and retaining experts
• The use of experts in:
• Appeals/suspensions of orders/directions
• Post-accident investigations
• Building a defence
• Circumstances in which the client has been directed to use one by the regulator
• Issues relating to the use of experts in a hearing or trial:
• Timing of production of defence expert materials
• Qualification voir dires
• Navigating and managing a “battle of the experts”

To register, please click on the registration link below or copy and paste it into your browser
https://attendee.gotowebinar.com/register/5723465302727717889. Please note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

We regret to advise you that the 2020 Future Leaders Conference has been cancelled due to the many bans and travel restictions issed related to the COVID19 Pandemic.  Given that we don't know when these restrcitions will be lifted and for the safety of our members, we will be rescheduling the in-person event next Spring. That said, we are working on turning some of the sessions into webinars and will be sending our further information in the next couple of weeks.

We will be refunding all registration fees within the next week to the credit card they were booked with.  It may take up to 10 business days for the refund to appear.

Important - Please note that you are responsible to cancel you own hotel reservations.  Please do so ASAP.  We do not have access to cancel the hotel rooms booked by individuals.  Remember to cancel any flight reservations as well.

Hopefully things settle down in the next few months and we will see some of you at our 17th Annual Conference in Vancouver, September 24-26, 2020.

Kind regards,

Amy Tibble, CACE President

CACE Privacy Committee Webinar
Privacy in the Hiring Process and Social Media in the Workplace

Date: February 11, 2020
Time: 12:30 pm – 1:30 pm EST
Cost: Complimentary to all current CACE Members 
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Privacy experts Keri Bennett, Roper Greyell LLP and David Fraser, McInnes Cooper will host a webinar exploring the following key privacy issues that employer counsel should be aware of when advising clients on the hiring process:

• Using social media in the hiring process;
• Engaging background check companies. What protections and indemnifications should employers require from background check companies? What are employer obligations in the event of privacy breach by the background check company?
• Conducting background checks. When should the background checks be conducted? What background checks should employers be conducting? What are the risks with collecting too much information?
• Retaining applications and background check information. What information are employers required to retain and for how long?

Keri and David will conclude the webinar with a general discussion on social media use in the workplace.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/7772773556314070530. Please note, that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

REPORT OF THE INDEPENDENT EXPERT PANEL ON MODERN FEDERAL LABOUR STANDARDS RELEASED

Established in February 2019, the Panel was chaired by Sunil Johal and included Richard Dixon, Mary Gellatly, Dalia Gesualdi-Fecteau, Kathryn A. Raymond, Q.C., W. Craig Riddell and Rosa B. Walker.  

The Panel’s report contains 39 recommendations related to the five issues it examined: federal minimum wage; labour standards protections for non-standard workers; the “right to disconnect” outside of work hours; access and portability of benefits; and collective voice for non-unionized workers. 

The full details can be found at https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/expert-panel-final.html

SCC DECISION CANADA POST v. CANADIAN UNION OF POSTAL WORKERS 

Supreme Court of Canada: Work Place Safety Inspections Only Apply to Work Place Over Which Employer Has Control 

On December 20, 2019, the Supreme Court of Canada rendered a significant decision interpreting the meaning of subsection 125(1) (z.12) of the Canada Labour Code (Code) and held that an employer’s work place inspection obligations only extend to that part of the work place over which it has physical control. 

In Canada Post v. Canadian Union of Postal Workers, the union had filed a complaint with Human Resources and Skills Development Canada asserting that the joint health and safety committee failed to comply with the mandatory health and safety obligations set out in s. 125(1) (z.12) of the Code, which provide that every part of a work place must be inspected at least once a year. The union argued that the work place included not just the mail depot, but the letter carrier routes and points of call as well. 

A Health and Safety Officer found that the employer failed to comply with its safety obligations. On appeal, the Appeals Officer rescinded that finding, holding that the obligation relating to work place inspections applied only to that part of the work place over which the employer has control. The Federal Court dismissed the union’s application for judicial review, but the Federal Court of Appeal allowed the application, holding that the employer’s work place included the letter carrier routes and points of call. 

A majority of the Supreme Court of Canada restored the Appeals Officer’s decision. 

Applying its newly articulated standard of review analysis (per Vavilov), it held that the Appeals Officer’s decision was reasonable. The majority stated that the Appeal Officer had regard to the statutory context of the s. 125(1) obligation that control over the work place is necessary because the purpose of the work place inspection obligation is to “permit the identification of hazards and the opportunity to fix them or to have them fixed” (para. 96).” Moreover, the Appeal Officer considered the practical implications of the interpretation in light of the purpose of the provision, and agreed with the submissions of Canada Post that “it would be impractical for an employer to perform [the work place inspection] obligation in respect of structures it neither owns nor has a right to alter” (para. 97)” [at para 55]. 

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18086/index.do

CACE OHS Webinar
BUT CAN THEY PROVE IT? HOLDING THE CROWN TO ITS ONUS IN OHS PROSECUTIONS

Date: October 30, 2019

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all Current CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by Jeremy Warning, Mathews Dinsdale & Clark LLP, Madeleine Loewenberg, Loewenberg Psarris Workplace Law LLP and Carissa Tanzola, Filion Wakely Thorup Angeletti LLP.

In any OHS prosecution, the Crown must first prove its allegations beyond a reasonable doubt. As such, a defendant should look for any and all opportunities to challenge the Crown’s case before proceeding with its defence. Effectively doing this can produce significant results, both before and after trial. However, assessing cases and identifying gaps in the Crown’s ability to prove what it has alleged requires an approach that is unique to a quasi-criminal practice. This webinar will explore, though an instructive discussion of key cases and approaches that use the concept of proof beyond a reasonable doubt to advance the client’s interests. The discussion will include:

• Strict  liability offences and the meaning of proof beyond a reasonable doubt;

• The elements of an offence: the nuts and bolts of a charge;

• Using experts to create doubt;

•  Inferences: where they can help the Crown and where they can’t or shouldn’t;

•  Statutory interpretation and how it can be used;

•  Compelled or conscripted evidence: how to identify it and resist its introduction; and

•  Proof beyond a reasonable doubt in sentencing

To register, please click on the registration link below or copy and paste it into your browser
https://attendee.gotowebinar.com/register/344751173177468931 Please note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

CPD Credits for 16th Annual Conference

BC – 11. hours 40 Minutes total with 2 hour and 10 minutes for Ethics credits for the What’s Mindfulness Got To Do With It: Cultivating Resilience, Leadership and Success and Walking the Line Sessions

AB - Self reporting

SK – 11.5 hours total 1 hours of that being Ethics as Human Rights session qualified for Ethics as cultural competency.

MB – Self reporting

ON - 10.40 hours of substantive content plus 1 hour of Professionalism Content (What’s Mindfulness Got To Do With It: Cultivating Resilience, Leadership and Success Session)

QC – 11 hours 40 minutes. We can issue you a certificate after the conference

NS – Self reporting

NB - 11 hours 40 Minutes total with 2 hour and 10 minutes for Ethics credits for the What’s Mindfulness Got To Do With It: Cultivating Resilience, Leadership and Success and Walking the Line Sessions

PE – Self reporting

NT - Self reporting

USA - We can issue you a certificate for your State Bar Associations

Airline Discount Code for 16th Annual Conference

We are very pleased to share that Air Canada has provided a discount code for delegates attending the 16th annual conference in Ottawa, September 12-14, 2019.   When you register for the conference the discount code will be included in your confirmation email. 

Individual Membership Renewals for Private Practice and In-house Counsel Members
We have completed the bulk firm membership renewals.  Please check with your firm Admin to see if your firm participated in the bulk firm discounted memberships.  All individual memberships expire May 31st including in-house counsel memberships.  All must renew yearly to confirm their practice still qualifies and to list any trade or union work. To renew your membership, login with your email address.  If you do not remember your password, click "forgot password" and a one-time use, time-sensitive email will be sent to you to acess your account. The system sends these emails automatically - please check your SPAM filter if you don't receive right away. Once logged in, please change your password immediately.  In your membership pop-up click on the renewal tab. Note, all renewals are processed manually and you will be notified by email when your membership has been approved.

CACE Corporate Counsel Webinar
MANAGING ISSUES AROUND THE CHANGING NATURE OF WORK: Balancing Flexibility For Employees With Flexibility For Employers

Date: June 13, 2019
Time: 12:00 pm – 1:00 pm EST
Cost: Complimentary to all Current Corporate Counsel CACE Members 

As the workforce moves out of the office and into coffee shops and home offices, in-house counsel everywhere are left to struggle with the potential (and unforeseen!) fallout. There is no escaping the reality that the workplace is changing faster than the law and counsel need to come up with creative solutions to proactively address new risks. But have you taken the time to consider what these changes mean for the modern employer? This webinar is intended to share counsels' hard-earned wisdom on the risks, tips and tricks of the contemporary workplace and will canvass a number of issues including: 

• Privacy
• Health and Safety
• Engagement/Integration
• Performance Management
• Hours of Work and Overtime
• Accommodation
• Termination

This webinar is a must for every in-house counsel who stays up nights wondering what horrors lurk in these new working arrangements.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/1469442713817984003 .

CACE Privacy Webinar
Privacy Breaches - Preparation and Response

Date: June 6, 2019

Time: 12:00 pm – 1:00 pm EST

Cost: Complimentary to all current CACE Members 
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Privacy breaches are becoming more commonplace and the consequences for failing to respond appropriately to a breach are significant. This webinar will provide practical tips and guidance for responding to privacy breaches and explore the best practices for organizations to minimize the risk of a privacy breach and ensure that the organization is best prepared to respond to a breach in a timely manner.

In this session Ryan Berger, partner at Lawson Lundell LLP, and Jeremy Hurst, National Strategy and Risk Leader at Accenture Security will provide participants with a legal and IT perspective on how to best:

• Respond to a privacy breach. Jeremy and Ryan will outline the key steps an organization should take from the time an organization suspects that there has been a breach, to reporting to the applicable privacy commissioner(s) and ultimately the debriefing and implementation of change.
• Prepare for a privacy breach in order to minimize the risk of a breach occurring and to be able to properly respond when a breach occurs.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/8262011145102407426. Please note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

CACE Human Rights Committe Webinar
The Art of the Release - Tips for Drafting Human Rights Releases 

Date: February 28. 2019
Time: 12:00 pm to 1:15 pm EST
Cost: Complimentary to all current CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by, Erin Porter, Fasken Martineau LLP, and Timothy Mitchell, McLennan Ross LLP and Rhonda Grintuch, Fasken Martineau LLP.

Most terminations never result in a civil claim or human rights application because employers will typically ask a terminated employee to sign a release as a condition of receiving a severance package. Even if a claim is filed, the majority of cases settle long before opening statements are ever uttered. For these reasons, the art of skillfully crafting a release is an essential skill all labour and employment lawyers should have in their arsenal. A carefully worded release will not only prevent future litigation but it can also ensure confidentiality and impose consequences on disgruntled employees who take to social media to disparage their former employers.

This webinar will be a high level discussion on how various human rights tribunals and courts have examined releases. The webinar will discuss recent case law in an interesting and engaging way, and provide practical advice in this area. The issues that will be discussed include:

• The release as a bar to a claim;

• Enforceability of confidentiality and non-disparagement clauses;

• Enforceability of releases signed by Unions on behalf of employees;

• Threshold for duress; and

• The impact of #MeToo

To register, please click on the registration link below or copy and paste it into your browser

https://register.gotowebinar.com/register/2561485356542485507

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

CACE Webinar: DETECTING IMPAIRMENT: STONED OR JUST SLEEPY?

Date: December 10, 2018
Time: 12:00 pm to 1:00 pm EDT
Cost: Complimentary to all current CACE Members 
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by, Chris Andree, Gowlings WLG (Canada) LLP, and Steve Maxwell, consultant, expert witness,experienced former police officer and drug recognition expert instructor.

What should counsel be telling managers and supervisors about what to look for when they are determining whether a worker is impaired?

Most people have seen someone who is impaired by drugs or alcohol. That life experience is a valuable tool. But should it be relied upon to prohibit a worker from continuing to perform their job?

What other tools should managers and supervisors have to make a determination of impairment? What are the signs that a worker is actually spaced out and not just bored? Can you rely upon slurred speech, wide pupils, the scent of cannabis, etc.?

Steve Maxwell, consultant, expert witness,experienced former police officer and drug recognition expert instructor, will prepare attendees to discuss with their clients the various psychophysical effects of drugs and how they impair a worker's ability to safely perform their duties. He will provide tips on recognizing and documenting typical signs and symptoms of impairment and recommend steps to confirm their presence.

To register, please click on the registration link below or copy and paste it into your browser

https://register.gotowebinar.com/register/9099922564430922497

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

Individual Membership Renewals for Private Practice and In-house Counsel Members
We have completed the bulk firm membership renewals.  Please check with your firm Admin to see if your firm participated in the bulk firm discounted memberships.  All individual memberships expire May 31st including in-house counsel memberships.  All must renew yearly to confirm their practice still qualifies and to list any trade or union work. To renew your membership, login with your email address.  If you do not remember your password, click "forgot password" and a one-time use, time-sensitive email will be sent to you to acess your account.  Please change your password immediately.  In your membership pop-up click on the renewal tab. Note, all renewals are processed manually and you will be notified by email when your membership has been approved.

2018-2019 CACE Discounted Firm Memberships & Individual Membership Renewals

Registration for discounted firm memberships for 2018-2019 need to be completed before May 25, 2018 to qualify for the discounted membership.  Individual memberships will only be accepted after that time and all memberships expire May 31, 2018. Please note that in-house counsel, although free, must renew their mebership annually to advise of any changes in their practice and to confirm they still qualify for membership.

Each firm that participated in the previous bulk firm memberships was assigned a firm Administrator Login and Password.  It you do not recall your Firm Admin person or would like to change it, please email Tracy Scanks {{protect/tracy@proconadvantage.com}} and she will be happy to assist. 

Instructions for Firm Administrators

Login to the website at – www.counseltoemployers.ca    – click on “Member login” at the top of task bar – a pop-up will appear – at the bottom of pop-up click on “login as Firm Admin”.

Your Administrator’s email address is their login – please enter the password you previously set up.  If you do not recall password – click on “Forgot Password” A one-time use time sensitive Password will be emailed to you.  Please login as soon as you receive it and change the password.   

From there you can review your membership list and add or delete members.  Note: if you “deactivate” a member they will be removed from the system entirely.  If you do not want to delete them just not include in bulk membership, please advise Tracy and she can change them to an “Individual member” and they won’t be removed from the system.  Payments for memberships must be made online with a Visa or MasterCard – we do not accept cheques.

Categories for discounted membership remain at the same rate as last year.  Please see below for current categories and rates. 

We appreciate your continued support of CACE and as always remain at your service if you have any questions or need assistance.

Kind regards,

Adrian Frost, CACE President
Barbara Johnston, Q.C., CACE Membership Chair
Tracy Scanks, CACE Executive Director 

CONGRATULATIONS!!

Congratulations to our Past-President Jamie Knight, Filion Wakely Thorup Angeletti LLP, for being named "2017 Employment Lawyer of the Year" from Canadian HR Reporter and Thomson Reuters!  To see the video interview, please click the following link - https://youtu.be/cI0yyzKRcPQ

14th Annual CACE Conference is accredited in the following jurisdictions:

• BC – 12.0 CPD Hours with 1.0 hour ethics

• AB - Self reporting

• SK - 12.0 CPD Hours of with 1.0 hour ethics

• MB - Self reporting

• ON - 11.0 hours of substantive content and 1 hour of Professionalism Content (Ethics Session)

• QC - 12 hours, we can issue you a certificate after the conference

• NS – 12. 0 hours with 1.0 professionalism (Ethics Session)

• NB - 12. 0 hours with 1.0 professionalism (Ethics Session)

• PE - 12. 0 hours with 1.0 professionalism (Ethics Session)

• NT - Self reporting

• USA - We can issue you a certificate for your State Bar Associations

As approved by the CACE Board of Directors, proposed by-law changes are as enclosed (copy-tracked) with a Motion to adopt the changes to be presented at the Annual General Meeting on September 14, 2017, as follows:

 As directed and approved by the Board, the Executive recommends changes to the by-laws as enclosed and summarized as below:

 5.01       the Board shall be made up of the president and 17 other directors

5.02       (a)          the president is elected at the AGM

               (b)          the other officers are also elected at the AGM

               (c)           the traditional line of succession for executive positions is incorporated

7             “housekeeping” changes to correspond with the changes in section 5

The two key aspects of the changes are (1) to “free-up” the President so that he or she does not have duties as a director and another director may be elected for that jurisdiction – the Board would therefore increase from 17 to 18 - and (2) to bring the by-laws into line with the traditional practice of nominating other officers as part of the slate presented by the Nominating Committee at the AGM in accordance with a traditional line of succession.

 These are modest changes that are designed to lessen some of the burden on the President and codify existing practices. Please click here for a copy of the proposed changes to be presented at our AGM.

Jamie Knight, 2016-17 President, CACE

2017-22018 CACE Discounted Firm Memberships

Registration for discounted firm memberships for 2017-2018 year are now open and need to be completed before May 15, 2017 to qualify for the discounted membership.  Individual memberships will only be accepted after that time and all memberships expire May 31, 2017.

We are very excited to share that we have a new website and therefore all renewals and payments will now be processed through our website v. the manual spreadsheet system we used previously.  With this new system, we now have the ability to provide firms with an Administrator login, this person can be a member or an assistant, who can manage the firms membership by adding or deleting members and processing payments online. 

Please email Tracy directly and provide the name and email address of the person from your firm that you would like to give Administrator status to and she will then provide them with a login and password to review your current list of members and manage your account.

Categories for discounted membership remain at the same rate as last year.  Please see chart in "Membership" for current categories and rates. 

We appreciate your continued support of CACE and look forward to hearing from you soon.

Kind regards,

Jamie Knight, CACE President
Tracy Scanks, CACE Executive Director

CACE Privacy Webinar
The Goldmine and Minefield: Social Media use in the workplace

Date: May 11, 2017

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all Current CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Social media is proving to be a double-edged sword: companies are looking for opportunities to engage with their communities and stakeholders, while it is also a serious source of mischief in the workplace.

The CACE Privacy Committee has authored a model, annotated social media policy for members which is designed to promote positive social media use. As employees live more of their lives online, it is inevitable that workplace issues will find their way into this public arena. This is often to the detriment of the employer.

The policy and the webinar will address the full range of issues presented by social media, including 

• Who is subject to the policy?
• Who is authorized to represent the employer in public via social media?
• Who controls company accounts?
• What are the boundaries of use of social media?
• Can – and how – can employees use social media to be ambassadors for the company?
• How to educate employees in responsible use of social media and to lay a foundation for effective discipline if boundaries are crossed, whether in the physical workplace or outside of company time?

 
Participants will be provided with a copy of the annotated, model policy and will engage in a thoughtful discussion with David Fraser, internet and privacy lawyer with McInnes Cooper, and Vicki Giles, partner with McLennan Ross. 

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/978534944223482115 Please note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

Date: February 23, 2017
Time: 12:00 pm – 1:15 pm EST
Cost: Complimentary to all Current CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Join CACE Corporate Counsel members Andrew Wallace, PCL Constructors Inc., Erin Ludwig, Alberta Health Services, along with CACE Corporate Counsel Directors Mark Crestohl, Accenture and Veronica Kenny, UPS Canada as they share:

* insights and personal perspectives into the role of corporate counsel;
* practical advice on what corporate counsel really want from external counsel; and
* how to make the most of your interactions with corporate counsel.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/2663902649412679683

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

For a sharable PDF copy of the invitation, please click here.

Date: February 15, 2017

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all Cuurent CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Please join us for a unique opportunity to hear from the Alberta Privacy Commissioner Jill Clayton and the Interim BC Privacy Commissioner Drew McArthur as each share their perspective on trends related to privacy in employment and upcoming initiatives that employers should be aware of.

The panelists will offer insight on important issues, such as the increase in privacy breaches as a result of CEO phishing scams and employee “snooping” and steps employers should take to mitigate privacy breaches and protect their organizations.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/8889784987133646339

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

For a sharable PDF copy of the webinar invite, please click here.

Date: January 25, 2017

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

A serious workplace accident creates a host of challenges for those advising corporations – whether internally or as external counsel. A myriad of issues can arise ranging from managing the steps necessary to comply with immediate legal obligations through to conducting an effective internal investigation and managing the investigations and actions of government regulators. An effective and efficient response will help minimize and manage the resulting legal and reputations risks to the organization and its supervisors, managers, officers and directors.

From both the in-house and external counsel perspective, this webinar will provide practical commentary through discussion of best practices for responding to serious workplace accidents and the challenging issues that can arise. Trisha Gain, of Kiewit Canada Group Inc., and Madeleine Loewenberg, of Loewenberg Psarris Workplace Law, who each have significant direct experience in advising organizations responding to workplace accidents, will address a range of issues including:

· The Role and Involvement of In-House and External Counsel Following Serious Workplace Accident
· Immediate Accident Response Steps and How to Best Ensure Implementation
· The Content and Implementation of the Corporate Accident Response Plan
· Issues in Retaining Experts / Third Party Assistance
· Managing and Asserting Privilege Over Internal Investigation Materials
· How Deeply Should Counsel be Involved in Responding to an Accident?
· Do I Need a Lawyer? Legal Representation for Employees, Supervisors, and Managers

To register, please click the following link:

https://attendee.gotowebinar.com/register/738962353168276226

For a printable verion of the invite, please click here.

Presented by leading practitioners Barbara B. Johnston, Q.C., Dentons Canada LLP, lead counsel on the Suncor random alcohol and drug testing case (Suncor Energy v Unifor Local 707A, 2016 ABQB 269), Tara Erskine, Q.C., McInnes Cooper, and a Commissioner of the Canadian Human Rights Commission and Marino Sveinson, Bull, Housser & Tupper LLP, and Chair of CACE Human Rights Committee, this webinar will explore recent developments in the caselaw regarding:

* Alcohol and Drug Testing in the workplace
* Family Status and Family Caregiving responsibilies

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/3529721875005998337

For a PDF copy of the announcement to print or send to others, please click here.

Thank you to all who were able to join us for the 13th annual conference in Winnipeg last week. By all accounts it was a successful conference with top-notch panels and a great night at the Human Rights Museum! For those who attended, please see below for a list of law society accreditation.

That said, it is already time to start planning for our 2017 conference in Calgary, September 14-16, 2017 at the Westin hotel.

A great conference starts with relevant content and terrific speakers! We are looking for volunteers to help develop the session topics and suggest speakers for our 2017 conference in Calgary. Note that Committee participation is open to all CACE members and that we appreciate having Committee members from a variety of firms and geographical regions. The Conference Committee meets once a month via tele-conference calls from November 2016 until May 2017. If you are interested in participating, please email Tracy at tracy@proconadvantage.com. We will send out a schedule of calls to interested members in the next few weeks.

2016 Conference CPD Credits - Winnipeg, MB -  Sept. 22-24, 2016

BC – 14.0 CPD Hours including 1.0 hour ethics
AB - Self reporting
SK - 14.0 CPD Hours of including 1.0 hour ethics
MB - Self reporting
ON – 11.0 hours 25 minutes of substantive content and 1 hour of Professionalism Content.
QC – 11.0 hours 25 minutes of substantive content and 1 hour of Professionalism Content. Recognized through ON – just need to notify Quebec bar of attendance.
NS - 13.0 hours - 12.0 substantive and 1.0 ethics/professionalism
NB - 12.0 hours approved for MCPD including 1.0 professionalism
NL - 13.0 hours - 12.0 substantive and 1.0 ethics/professionalism
PE – 13.0 Hours – 12.0 hours substantive and 1.0 ethics/professionalism
NT - Self reporting
USA - We can issue you a certificate for your State Bar Associations

Kind regards,

Tracy Scanks
Executive Director, CACE

CACE members Andrew Finlay, Jamie Knight and Sonia Regenbogen were quoted in the Canadian Press article "Liberals may sign on to collective bargaining convention resisted since 1949", June 22, 2016.

http://www.ctvnews.ca/politics/liberals-may-sign-on-to-collective-bargaining-convention-resisted-since-1949-1.295589

The two links below show how labour in Canada is campaigning for ratification.

http://labourrights.ca/sites/labourrights.ca/files/documents/ilo_98_pamphlet.pdf

http://www.nupge.ca/content/12886/presidents-commentary-it%E2%80%99s-time-canada-ratify-ilo-convention-no-98

As most of you are aware, CACE is now offering discounted memberships for firms!  Our Board of Directors and Membership Committee are in the process of sending letters to firms that have over 5 eligible members and advising them of the cost savings and benefits to a firm vs. individual membership model.  To assist in this new change, we are currently building a new website and in the meanwhile are confirming these types of memberships manually.  If you are unsure if your firm is involved, please contact our Executive Director, Tracy Scanks at tracy@proconadvantage.com.

Note, we are still offering individual memberships for those firms that have smaller Labour & Employment departments or who choose not to participate in the bulk firm membership model.  To avoid duplication in our current website system, we kindly ask that you contact Tracy directly at 604.427.1491 or by email to Tracy@proconadvantage.com and she can assist in processing your individual membership fee (via credit card) through the back-end of our system.  We thank you for your continued support of CACE and patience, as we process memberships renewals and prepare to release registration for our 2016 Annual conference in Winnipeg, September 22-24, 2016.

Conference registration will open June 6th, 2016 – watch your emails for further details!

CACE Board of Directors

To: Our Members
CC: Barbara Johnston, Q.C., 2015-2016 CACE President
Date: May 10, 2016

Re: Federal Government Review of the Temporary Foreign Workers Program

Dear Colleagues,

The Canadian Association of Counsel to Employers (CACE) has become aware that a review of the Temporary Foreign Workers Program will soon be undertaken by the Federal Government.  The Government has been hearing that the reforms to the Program introduced by the previous government may have missed the mark, and is interested in receiving advice and suggestions for reform and improvement.  You may obtain more information about the review by following this link: http://www.cbc.ca/news/politics/temporary-foreign-worker-program-liberals-review-1.3453344

If this is an issue of interest to you and the employer(s) you act for, we would like to hear about that from you. You can do so by responding to the present email and providing us with a brief sentence or two about why this issue is of interest to you and/or your client(s).

Yours truly,

Karen Jensen
Chair, CACE Advocacy Committee

CACE Corporate Counsel Webinar
ACCOMODATION AND UNDUE HARDSHIP SINCE HYDRO QUEBEC

Date: June 2, 2016
Time: 12:00 pm – 1:00 pm EST
Cost: Complimentary to all Corporate Counsel CACE Members

Presented by leading practitioner Bill Hlibchuk, Norton Rose Fulbright Canada LLP, with question and answer period chaired by Mark Cresthol, Accenture and Mireille Bergeron, Bell Canada.

In 2008, the Supreme Court of Canada made important clarifications on the concepts of accommodation and undue hardship, which at the time were helpful for corporate counsel in their management of disability accommodation cases. We learned from the Court that the test for undue hardship was not whether it is “impossible” to accommodate an employee and were reminded that the purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship to the employer.

• How have arbitrators and human rights tribunals in Canada interpreted those directives over the past 8 years?
• Has the apparently faulty standard of “impossibility” crept back into the discussion?
• How has the “global assessment” of the evaluation of the employer’s duty to accommodate evolved since Hydro Quebec?

This webinar will provide a cross-Canada update and review of the concept of accommodation and undue hardship since Hydro Quebec. It will also involve a practical discussion of what corporate counsel have learned since 2008 and the challenges to come in finding practical solutions to the ever-challenging question of “how far do we need to go.”

Mr. Hlibchuk will present for approximately 30 minutes and then have a 10–15 minutes question and answer period. Following the Q & A, Mr. Cresthol and Ms. Bergeron will help lead a private discussion with only corporate counsel, as to how best practically apply the information learned in presentation for the remaining 15 minutes of the webinar.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/8824042981896841475

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.
For a PDF copy to share, please click here.

Age Discrimination: Challenges for Employers Webinar

Date:  May 25, 2015
Time:  12:00 pm – 1:15 pm EST
Cost: Complimentary to all CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by leading practitioners Adrian Ishak, Rubin Thomlinson LLP, Brad Proctor, McInnes Cooper, and Mike Richards, DLA Piper (Canada) Ltd., this webinar will explore:

• Current statistics and trends
• Common perceptions of older workers
• Intersectionality of age and other protected grounds
• Discrimination through the employment lifecycle
• Best practices for managing an aging workforce

To register, please click on the registration link below or copy and paste it into your browser. https://attendee.gotowebinar.com/register/3590907493891927043

Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

For a PDF copy to share with colleagues and contacts please click here.

CACE Corporate Counsel Webinar
WORKPLACE INVESTIGATIONS FOR CORPORATE COUNSEL

Date: January 26, 2015
Time: 12:00 pm – 1:15 pm EST
Cost: Complimentary to all Corporate Counsel CACE Members

Presented by leading practitioners Janice Rubin, Rubin Thomlinson LLP, and Mark Crestohl, Accenture, this webinar will explore:

• Noteworthy workplace investigation cases of 2015;
• Bill 132 and the need for solid internal workplace investigation practices; and
• Update on privilege and workplace investigation reports.

Ms. Rubin will present for approximately 30 minutes and then have a 10–15 minutes question and answer period. Following the Q & A, Mr. Crestohl will help lead a private discussion with only corporate counsel, as to how best practically apply the information learned in Ms. Rubin’s presentation for the remaining 15 minutes of the webinar.

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/9118706597745612801. Please note that we will be applying to the various Law Societies for accreditation and will keep participants posted.

For a PDF copy to share, please click here.

CACE Announces Free Membership Fees for Corporate Counsel!

Membership Benefits for Corporate Counsel

• Free annual membership for Corporate Counsel ‐ Starting December 2015!
• Access to over 550 articles produced specifically for our annual conferences and posted on our website
• The “must‐attend” conference for labour and employment CLE, with every mandatory reporting law societies recognizing the annual conference with CLE accreditation
• 45% percent off conference registration fees
• Network and develop relationships with the leading practitioners in management side labour and employment law
• Actively engage in influencing public policy provincially, nationally, and in our Courts on labour, employment and human rights matters of direct concern and relevance to employers in Canada
• Participate in Webinars delivering high level, practical & topical information and ideas to assist in your practice development and stay abreast of developments in the law
• One click links to member firm publications
• Join our Human Rights, Occupational Health & Safety and Privacy Sub Committees and participate on the regularly scheduled conferences call to stay up‐to‐date in these areas

To join CACE, please visit our website www.counseltoemployers.ca or for further information, email our Executive Director, Tracy Scanks at Tracy@proconadvantage.com.

For a PDF version to share, please click here.

Date: December 3, 2015

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by leading practitioners Marino Sveinson, Bull Housser & Tupper LLP, Katherine Ford, Sherrard Kuzz LLP, and Andrew Ashenhurst, Wal-Mart Canada, this webinar will explore:

Self-Represented Litigants

• Strategies for effectively responding to an application drafted by a self-represented applicant
• Negotiation and settlement considerations
• Practice tips for effectively conducting a hearing against a self-represented applicant

Joint retainers

• When do you need a joint retainer?
• What are the key components?
• Are there optional components?
• When should you advise to obtain independent legal advice?

Ethical issues with your client:

• Bad clients: client representatives who hide evidence, mislead you or believe in victory “by any means necessary”
• What obligations do you have to a corporation to report unethical behavior by a representative?
• How the FCPA and other anti-corruption laws may change your relationship with your client

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/8268193670447772162. Please note that we will be applying to the various Law Societies for accreditation for Ethics and Practice Management, and will keep participants posted.

For a PDF copy of the invite, please click here.

Our Annual Conference Qualifies for CPD Credits!

Please see below for a list of credits applied from our Provincial law socities regarding our 2015 Annual conference that was held in Halifax September 10-12, 2015.

BC - 13.5 CPD Hours with 1.0 hour ethics
AB - Self reporting
SK - 14.0 CPD Hours of with 1.0 hour ethics
MB - Self reporting
ON - 13.0 hours 15 minutes of substantive content and 1 hour of  Professionalism Content.
QC - 13 -14 hours, we have submitted the names and bar numbers of the attendees to receive certificates.
NS - 13.5 hours - 12.5 substantive and 1.0 professionalism
NB - 13.0 hours approved for MCPD with 1.0 professionalism
PE - 13.5 hours - 12.5 substantive and 1.0 professionalism
NT - Self reporting
USA - We can issue you a certificate for your State Bar Associations

CACE Webinar
FACING THE MUSIC: SENTENCING AND THE CORPORATE OFFENDER

Date: April 30, 2015

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to all CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by leading practitioners Jeremy Warning, Mathews Dinsdale & Clark LLP, Ryan Conlin, Stringer LLP  and Jamie Alyce Jurczak, Taylor McCaffrey LLP.

This webinar will discuss sentencing  corporate offenders convicted of offences under provincial regulatory statutes (such as those that arise out of occupational health and safety offences, employment standards legislation, or environmental legislation) and the Criminal Code.  The session will explore various issues and provide useful practical commentary for counsel representing corporate offenders, including:

• The Low Down on First Principles;
• Getting Sentenced: Options, Process and Strategy;
• Aggravation, Mitigation and Proportionality: The Pursuit of a “Fair” Sentence; and
• Are Corporate Death Sentences Just for Criminal Negligence?

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/8390380194023491073. Please note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

Click here for a PDF copy of the notification and further registration information.

Talking Trans

- What does “trans” mean? A beginner’s guide
- Who are trans people and how does trans identity relate to gender, sex and sexual orientation?

Protections historically afforded to trans persons

- Survey of the case law leading to recent legislative amendments
- On what basis were trans persons protected: from disability to personhood

Recent legislative amendments

- Provincial legislation
- Federal legislation
- United States

Recent case law

- What have adjudicators been saying since?
- Where are trans rights going?

Trans rights in the workplace

- What does accommodation look like in the workplace?
- How accommodation will require review: from pre-transition to transition to post-transition?
- What supports are available to employers?

To register, please click on the registration link below or copy and paste it into your browser https://attendee.gotowebinar.com/register/6527632674220634881. Note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

Click here for a PDF copy to print or share with fellow members.

CACE was contacted by The Canadian Standing Senate Committee on Human Rights and was asked to provide a respresentative to speak to the Senate on Bill S-201: An Act to prohibit and prevent genetic discrimination.

Karen Jensen, from Norton Rose Fulbright Canada LLP, and Vice-Chair of our Human Rights Committee appeared before the Senate on September 29, 2014 in Ottawa on CACE's behalf.

Please click here for a copy of the meeting agenda and to read Karen's speaking notes to the Senate Committee.

Dear Member,

Please click on the links below to access:

• Notice of CACE’s Annual General Meeting and CACE AGM Proxy Form
• Special Resolution of the Members of CACE

Kind regards,

Tracy Scanks
Executive Director, CACE

The Labour Program (of Employment and Social Development Canada) has issued a discussion paper which poses a number of questions for stakeholders intended to determine whether it would be advisable to amend Part III of the Canada Labour Code to better support employees with caregiving and similar responsibilities. To read the paper please click here.

The deadline is now past (it was a very short window),  and only two employer associations have been able to make a submission; the Canadian Bankers Association and the Conseil du Patronat. FETCO continues to work on a submission.

With the recent FCA decisions in Johnstone and Seeley on accommodation based on family status, this topic is even more relevant to CACE members' clients.

If anyone has questions about the CBA submission, they can contact Andrew Finlay of Scotiabank, Chair of the CACE Advocacy Committee at Finlay, andrew.finlay@scotiabank.com. If interested in the Conseil submission you can find it on the Conseil's web site, https://www.cpq.qc.ca/.

Date: May 28, 2014

Time: 12:00 pm – 1:15 pm EST

Cost: Complimentary to CACE Members
(Firms will be limited to one or two computer links per firm as we are limited to 100 links)

Presented by leading practitioners Karen Jensen, Norton Rose Fulbright Canada LLP, Jamie Knight, Filion Wakely, Throup Angeletti LLP, Lorenzo Lisi, Aird Berlis LLP and Caroline Richard, Bird Richard, this webinar will explore four different fact based scenarios and provide practical advice on how to effectively deal with these situations.

Trouble Near the Top
-    When poor performance is overtaken by mental health issues
-    When and how do you replace an organizational leader absent due to mental illness

Navigating accommodation issues for mental disabilities in a union environment
-     Constructive Knowledge – What should the employer ask? When is the appropriate time?
-     Health and Safety – When does aberrant behaviour become a health and safety issue?
-     Union Involvement – What are the Union’s responsibilities.

Denial and Disability:
-    What to do when an employee will not – or cannot – acknowledge they have a mental health issue

§  Hiring a High Needs Employee

-     What questions can and cannot be asked during an interview

-     What to do if a candidate discloses a disability during the interview

-     What to do if a newly hired employee begins demonstrating signs of mental illness

To register, please click on the registration link below or copy and paste it into your browserhttps://attendee.gotowebinar.com/register/6939307412257717505. Note that we have a limited number of computer links for this webinar, so we encourage you to sign up early to avoid disappointment.

Can’t make the date?  You don’t have to miss it, as we will be recording the session which will be available by email request to Tracy Scanks, Executive Director CACE, (tracy@proconadvantage.com) after June 15, 2014.

Decisions of Note - April 2014

Two members of our Board of Directors, Barbara Johnston, Q.C. and Jack Graham, Q.C. have been involved in cases of note that we thought CACE members may find value in accessing. Please click on the links below to read the decisions and a copy of the dissent.

Grievance Arbitration Between UNIFOR, LOCAL 707A and SUNCOR ENERGY INC., OIL SANDS
Policy grievance: Random Alcohol and Drug Testing Policy

Dissent - David Laird - UNIFOR, LOCAL 707A v. SUNCOR ENERGY INC., OIL SANDS

Egg Films Inc. v. Nova Scotia (‘Labour Board), 2014 NSCA 33_Decision

Dear Member,

Please click the link below to view a Holiday greeting from the CACE Board of Directors.

2013 Holiday Greeting

Please join us November 22, 2013 from 12:00pm - 1:15 pm EST for this complimentary webinar for CACE members on Managing Mental Health in the Workplace:  Dealing With the Tough Questions.

Please join us November 22, 2013 from 12:00pm - 1:15 pm EST for this complimentary webinar for CACE members on Managing Mental Health in the Workplace:  Dealing With the Tough Questions.

For further information or to register please click here.

Due to the new legislative changes to the Canada Not-for-profit Corporations Act, the Board of Directors have revised, and approved in principle, the minor changes to the Associations's By-Laws. These By-Laws have been tabled to be approved at our Annual General Meeting taking place October 3, 2013, at our annual conference in Banff.  If you would like to read through our revised Bylaws and make comments before our AGM, please click here.

Due to the new legislative changes to the Canada Not-for-profit Corporations Act, the Board of Directors have revised, and approved in principle, the minor changes to the Associations's By-Laws. These By-Laws have been tabled to be approved at our Annual General Meeting taking place October 3, 2013, at our annual conference in Banff.  If you would like to read through our revised Bylaws and make comments before our AGM, please click here.

In an effort to educate corporate counsel about the CACE Association and the benefits of membership, we are now accepting non-member corporate counsel registrations for our Family Status webinar on June 14, 2013.  Please note that we have limited space left for the webinar, so please sign up early.

In an effort to educate corporate counsel about the CACE Association and the benefits of membership, we are now accepting non-member corporate counsel registrations for our Family Status webinar on June 14, 2013.  Please note that we have limited space left for the webinar, so please sign up early.

For further information and to register, please click here.

Family Status Webinar for Corporate Counsel Members of CACE

Date: June 14, 2013

Time: 12:00 pm – 1:00 pm EDT

Cost: Complimentary to CACE Corporate Counsel Members

Presented by leading practioners Nathalie Gagnon, McCarthy Tétrault LLP, Karen Jensen, Norton Rose Canada Ltd, and Marino Sveinson, Bull, Housser & Tupper, the Canadian Association of Counsel to Employers (CACE) is proud to present this inaugural webinar tailored specifically for corporate counsel members on the ever evolving topic of “Family Status”.

This webinar will address:

• An overview of the law today - human rights and in other forums,
• How the Law is currently being used by employees and unions, and
• Where are we going in the future?

You must be a current member of CACE to register for this webinar.

Family Status Webinar for Corporate Counsel Members of CACE

Date: June 14, 2013

Time: 12:00 pm – 1:00 pm EDT

Cost: Complimentary to CACE Corporate Counsel Members

Presented by leading practioners Nathalie Gagnon, McCarthy Tétrault LLP, Karen Jensen, Norton Rose Canada Ltd, and Marino Sveinson, Bull, Housser & Tupper, the Canadian Association of Counsel to Employers (CACE) is proud to present this inaugural webinar tailored specifically for corporate counsel members on the ever evolving topic of “Family Status”.

This webinar will address:

• An overview of the law today - human rights and in other forums,
• How the Law is currently being used by employees and unions, and
• Where are we going in the future?

You must be a current member of CACE to register for this webinar.

To register, please click the link below or contact our Executive Director, Tracy Scanks at Tracy@proconadvantage.com for further information.

Registration link: https://attendee.gotowebinar.com/register/4346650190482050816

Attention Corporate Counsel

The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada.  CACE promotes excellence in the specialized field of labour and employment law, and engages in legislation and law reform activities at the provincial and federal level. Created in 2004 by a Founders' Committee of labour lawyers across Canada, CACE now has over 750 members, including leading labour and employment counsel, corporate counsel and affiliate members from the United States.

Membership Benefits for Corporate Counsel

• $100.00 annual membership fee
• Access to over 450 articles produced specifically for our annual conferences and posted on our website
• Half price registration fees for our annual conference
• One click links to member firm publications
• Join our Sub Committees and stay up-to-date on Human Rights and Occupational Health and Safety information
• The “must-attend” conference for labour and employment CLE, with many provincial jurisdictions recognizing the annual conference towards CLE accreditation
• New this Year! Webinars tailored for corporate counsel on hot topics affecting employers, such as Family Status scheduled for June 14, 2013
• Network and develop relationships with the leading practioners in management side labour and employment law

For further information on how to join CACE or how to register for our June 14th Family Status webinar, please watch for further registration notification on our website www.counseltoemployers.ca or email our Executive Director, Tracy Scanks at Tracy@proconadvantage.com.

Click here to view and save the PDF version to forward to colleagues and contacts.

IMPORTANT MESSAGE REGARDING WEB ACCESS AND YOUR PASSWORD

Please be advised that all member login passwords need to be reset in order to access CACE’s website. CACE has a new web host provider and all passwords must be changed for security reasons. To login and change your password, please visit www.counseltoemployers.ca . Please note that if you have been on the site recently, you may have to clear your cache and update any bookmarks by typing in the URL manually and then bookmarking the site.

Your login is still your email address and each member has been emailed their temporary password.

After you have logged into the site using this password, please click “password” in the menu under “my account” to change your password for security reasons.

Membership Value!
If you haven’t renewed your membership, now is a great time to do so. CACE membership means that you will now have access to some new and exciting features on our improved CACE website besides the benefit of being able to attend the annual conference taking place in Banff Alberta, October 3-5th, 2013.

Some of these new website features include:

1. Access to the last nine years’ worth of conference materials, which includes over 450 papers prepared by CACE members for our annual conferences. To access these papers, look under the drop down for “Conference” on the top tool bar, they are sorted by year and in the order they appeared in the conference materials. We will also be adding a key word search function in the next few weeks to help you find materials of interest.
2. New Occupational Health and Safety pages! These new pages contain articles, links to cases and resources along with meeting minutes from these Sub-Committees. That said, you must be a member of these groups to access these pages. To join these groups, please click the appropriate “join now” button on our Home Page.
3. Links to member firm publications! To help our in-house counsel members keep on top of the latest developments in law regarding labour and employment, human rights and occupational health and safety matters, we have added one-click links to the publication websites of CACE member firms.

As we are always looking for ways to improve our Association and provide value to our members, we are excited to share these new website features with you and ask you to watch your email inbasket for additional exciting new initiatives that are underway. We also invite you to provide us with feedback on any additional items you would like to see on our website or ideas you would like to share that would improve membership value. To share your feedback, please email Tracy Scanks, Executive Director CACE / Pro Conference Advantage at Tracy@proconadvantage.com.


Sincerely,

Craig Rix, 2012-2013 CACE President

_____________________________________________________

MESSAGE IMPORTANT CONCERNANT L’ACCÈS AU SITE WEB ET VOTRE MOT DE PASSE
Veuillez noter que le mot de passe de chacun des membres devra être réinitialisé pour avoir accès au site Web de l’ACAE. L’ACAE a changé de fournisseur d’hébergement, tous les mots de passe doivent donc être modifiés pour des raisons de sécurité. Pour ouvrir une session et changer votre mot de passe, veuillez visiter www.counseltoemployers.ca. Si vous avez consulté le site Web récemment, il est possible que vous deviez effacer la mémoire cache de votre ordinateur et rafraîchir votre liste personnelle de signets en ajoutant manuellement l’adresse Web et la mettant ensuite en signet.

Votre nom d’utilisateur demeure votre adresse de courriel, et le mot de passe temporaire.

Une fois que vous aurez accédé au site Web en utilisant ce mot de passe, veuillez cliquer sur « mot de passe » dans le menu « mon compte » pour modifier votre mot de passe.

Si vous n’avez pas encore renouvelé votre adhésion, c’est le moment propice de le faire. En tant que membre de l’ACAE vous aurez accès à de nouveaux éléments sur notre site Web amélioré en plus de pouvoir participer à la conférence annuelle qui aura lieu du 3 au 5 octobre 2013, à Banff, en Alberta.

Voici quelques-unes des nouveautés sur notre site Web :

1. accès à la documentation relative aux conférences des neuf dernières années, y compris 450 textes préparés par des membres de l’ACAE en vue de nos conférences annuelles. Pour avoir accès à cette documentation, cliquez sur l’onglet « Conférences » sur la barre de menus. Les conférences sont regroupées par année, suivant l’ordre dans lequel elles ont figuré dans la documentation de la conférence. Nous ajouterons également une fonction de recherche par mot clé dans les semaines à venir pour faciliter la recherche de documents;

2. accès à de nouvelles pages sur la santé et la sécurité au travail ! Ces nouvelles pages contiennent des articles, des liens vers des dossiers et des ressources ainsi que le compte rendu de réunions de ces sous comités. Cela étant dit, vous devez être membre de ces groupes pour avoir accès à ces pages. Pour vous joindre à ces groupes, veuillez cliquer sur le bouton « join now » sur la page d’accueil;

3. accès aux liens menant aux publications des cabinets membres ! Afin de renseigner nos avocats en entreprise membres sur les derniers développements en droit du travail et de l’emploi ainsi qu’en matière de droits de la personne et de santé et sécurité au travail, nous avons ajouté des liens menant aux publications des cabinets membres de l’ACAE.

Visant toujours à améliorer notre Association et être une plus-value pour nos membres, nous sommes heureux de pouvoir vous offrir ces nouvelles fonctions. L’élaboration de fonctions supplémentaires est actuellement en cours, donc vérifiez votre boîte de réception pour en savoir plus très prochainement. Nous vous invitons aussi à nous faire parvenir vos commentaires concernant tout autre élément que vous souhaiteriez voir sur notre site Web ainsi que vos idées sur la façon dont nous pourrions améliorer les avantages offerts aux membres. Pour nous envoyer vos commentaires, veuillez envoyer un courriel à Tracy Scanks, directrice générale ACAE / Pro Conference Advantage, à Tracy@proconadvantage.com.

Cordialement,

Craig Rix, Président ACAE 2012-2013

On November 21, 2012, Craig Rix, President of CACE, wrote a letter to Mr. Jean-Francois Lafleur, Clerk of the Committee of the Standing Committee on Finance in support of Bill C-377.

Click here to read a copy of the letter.

Toronto – In a case involving a teacher and nude sexually explicitly images of a grade 10 student, the Canadian Association of Counsel to Employers (CACE) has intervened before the Supreme Court on the case, R. v. Cole, on the issue of privacy and work computers.

“This is more than a criminal case because the Court will be asked to weigh competing employer and employee interests. It has the potential to answer some very important questions for employers who are not already regulated by privacy legislation,” said Daniel J. Michaluk, a Partner at Hicks Morley who has been retained by CACE to represent it on this matter. “Among the questions needed to be answered are; when does personal use invite a reasonable expectation of privacy? Can employer policy reduce or eliminate that expectation? And if an employee does have a reasonable expectation of privacy what rights do employers retain?”

CACE will make representations to help the Court make a sound decision for employers that rests on a full understanding of the function and significance of a work information system. It will argue:

• A work computer is part of a system and not a personal storage device,
• A work information system serves a critical business function,
• A work information system is a repository of information that must be secured, and
• Employers need a broad and clear right of access to information on their system.

“Canadian employers, large and small, are routinely faced with the question of privacy as it relates to computers that are part of the employer’s networks but are used by employees,” said Andrew Finlay, Chair of CACE’s Advocacy Committee. “We are hopeful that this case will ensure employers have continued access to the information they need and clarify expectations for the many employees who use work computers and electronic devices for personal purposes.”

Click here to access factum on the CACE website.

The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada. CACE promotes excellence in the specialized field of labour and employment law and engages in legislation and law reform activities at the provincial and federal level. Created in 2004 CACE now includes among its members most of the leading labour and employment counsel in the country.

The following letter and submission on Psychological Health and Safety in the Workplace was submitted to the CSA.  Click here to to view the submission as well as an article produced by Patricia L. Janzen and Magdalena A. Wojda, Harris & Company LLP for the 8th annual CACE conference.

Attention to: Ms. Elizabeth Rankin B.A.Sc., CRSP

Project Manager
CSA Standards
5060 Spectrum Way, Suite 100
Mississauga, ON, L4W 5N6
Tel. 416.747.2011

Dear Madam:

On behalf of the Canadian Association of Counsel to Employers (“CACE”), we appreciate the opportunity to make submissions to the Canadian Standards Association and Bureau de normalization du Quebec in response to the Draft Standard on Psychological Health and Safety in the Workplace (the “Draft Standard”).

CACE is an association comprised of Lawyers, including senior partners, from every major Canadian law firm acting for management in labour and employment matters, in all jurisdictions. Membership also includes lawyers from a cross section of Canadian businesses who practice employment and labour law. CACE provides a forum for counsel to share information and express their views on matters of importance. It is estimated that collectively, CACE members represent the majority of employers in Canada. CACE has been in existence for over ten years.

The CACE membership represents employers in legal matters, but CACE is not a lobby group on behalf of any industry or group. CACE members’ expertise and collective experience provide a unique perspective for commenting on the Draft Standard proposed by the CSA. As lawyers, we have the benefit of expertise which we believe is relevant to the issues addressed in the Draft Standard. Therefore our submissions focus on the intersection of the Draft Standard with Canadian law and an employer’s perspective on some of the standard’s provisions.

We welcome any questions or comments, and will make ourselves available for further discussion on this very important issue.

Guy Tremblay
President of CACE

December 16, 2011 - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced the following appointment:

The Honourable Mary J.L. Gleason, a lawyer with Norton Rose LLP in Ottawa, is appointed a judge of the Federal Court to replace Mr. Justice P.S. Crampton, who was appointed Chief Justice on December 15, 2011.

Madam Justice Gleason received a Bachelor of Arts from the University of Ottawa in 1981 and a Bachelor of Laws from Dalhousie University in 1984. She was admitted to the Bar of Ontario in 1986.

Madam Justice Gleason had been with Norton Rose LLP (formerly Ogilvy Renault) since 1986, and as a partner since 1993. Her main areas of practise were labour law, employment law and human rights.

Madam Justice Gleason was a founding member of the Canadian Association of Counsel to Employers. She has been a member of the Federal Court Labour Law, Human Rights, Privacy and Access Review Liaison Group since 2009, and a member of the Canadian Industrial Relations Board Client Consultation Committee since 2005. She was a member of the board of directors of the Ottawa Human Resources Professionals Association, Legislative and Government Affairs Portfolio, from 2002 to 2005. She was co-chair of the Eastern-Ontario Region, Carleton County Law Association/Labour Law Group in 1996 and chair of the Ogilvy Renault Ottawa Employment and Labour Group from 2002 to 2010. She has been a guest lecturer at the Faculty of Law, University of Ottawa, and has lectured and presented papers at conferences, as well as publishing numerous articles. She was recognized in the publication The Best Lawyers in Canada, 2011 - Labour and Employment Law.

This appointment is effective immediately.

Ref.:

* Julie Di Mambro
Press Secretary
Office of the Minister of Justice
613-992-4621

* Media Relations

Department of Justice
613-957-4207
Gaetan Mercier
Conseiller / Advisor
RHDCC / HRSDC

Affaires parlementaires / Parliamentary Affairs 140 Promenade du Portage, Gatineau, Québec, K1A 0J9 Tél. / Phone: 819-934-0300

Fax.: 819-997-8504
Courriel / Email: gaetan.mercier@hrsdc-rhdcc.gc.ca

We are writing to share some exciting new conference developments with you! / Nous vous écrivons pour vous faire part de bonnes nouvelles concernant la conférence de cette année!

1. The 2011 conference hotel, The Sheraton Fallsview Hotel, has now become a Mariott, and is now called the Mariott Gateway on the Falls.  This means that we will benefit from the renovations they have planned and still keep the unbelievable hotel conference price of $165.00!  They have already created a reservation link for our group, so feel free to book your room at anytime!  The conference dates are September 22-24th, 2011! / L’hôtel où se déroulera la conférence, le Sheraton Fallsview, est désormais un Mariott opérant sous le nom de Mariott Gateway on the Falls.  Cela signifie que nous bénéficierons des rénovations qui ont été prévues par l’hôtel tout en conservant l’exceptionnel tarif de 165,00 $ par nuit!  L’hôtel a créé un hyperlien pour les réservations des membres de notre groupe, alors ne vous gênez pas pour réserver votre chambre en tout temps!  La conférence aura lieu du 22 au 24 septembre 2011!

Deluxe Fallsview - $165.00 / 165,00 $

http://www.marriott.com/hotels/travel/iagmc?groupCode=cllcllb&app=resvlink&fromDate=9/22/11&toDate=9/25/11

Superior Fallsview - $165.00 / 165,00 $

http://www.marriott.com/hotels/travel/iagmc?groupCode=cllcllc&app=resvlink&fromDate=9/22/11&toDate=9/25/11

2. Our Chairpersons have been working diligently with the 2011 Conference Organizing Committee and are in final stages of finalizing the agenda and confirming our speakers. Registration will open June 1st, so mark your calendars.  In the meanwhile, we wanted to remind you that all memberships expire May 31st, (unless you registered for two years).  We do not offer pro-rated membership fees, so please wait until May to update your membership.  We are in the midst of doing some re-vamps to the website, so it will be a good time to check out what is new as well. /  Les présidents de section ont travaillé diligemment avec le comité organisateur de la conférence 2011 et mettent la touche finale au programme et à la liste de conférenciers.  L’inscription à la conférence débutera à compter du 1er juin 2011, une date que vous devriez mettre à votre agenda.  Entretemps, nous vous rappelons que toutes les adhésions viennent à échéance le 31 mai (sauf si vous aviez adhéré pour deux ans).  Nous n’offrons pas d’adhésion au pro-rata, alors attendez au mois de mai avant de renouveler votre adhésion.  Nous travaillons présentement à la mise à niveau de notre site internet, et vous pourrez donc en profiter pour y jeter un coup d’œil.

3. Our Directors have applied for Continuing Professional Development accreditation in all of the Provinces that require it.  We are just waiting for confirmation from a few Law Socities but have every confidence that all will be approved for 2011.

Golf

Saturday, September 24 - 1:00 pm to 6:30 pm

Cost: $125.00. This will include 18 holes and cart rental at Legends, driving range privileges, round trip transportation, all taxes and gratuity. Price based on a minimum of 15 attending. /

samedi, 24 septembre - 13 h à 18 h 30

Coût : 125 $. Inclut les droits de jeu pour 18 trous et la location d’une voiturette au club Legends on the Niagara, l’utilisation du terrain d’entraînement, le transport aller-retour, les taxes et les pourboires. Minimum 15 personnes.

Battlefield

Located on the North side of the property lies the imposing Battlefield course. Douglas Carrick has managed to create a truly unique course.

The Battlefield course boast a decided links look and a mixture of holes that allows golfers to experience the generous rolling fairways and greens, however also offers a mixture of fairways bound by dense forest and brush.

With bunkers that look like they developed during the war of 1812, molded from bombs exploding on Carrick’s Battlefield fairways before being filled with sand like giant divots, this course is sure to provide some interesting shots. On the other hand, even with the deep bunkers Douglas Carrick has designed fairways that sweep across a gently contoured lakes-and-meadow countryside giving the golfer some breathing room.

Carrick’s design of a 19-acre man made lake that boarders both the 9th and 18th hole is breathtaking from any angle. With the nearby mist of the Falls and water on 6 other holes, Battlefields ponds have claimed their share of stray balls.
With the privilege of playing host to the 2004 BMO Financial Group Canadian Women’s Open, Battlefield won international praise from the worlds finest women’s golfers.

With a yardage, featuring four sets of tees, that stretch from 6271 (white) to 7309 (gold), it is no wonder that many are challenged by this extraordinary course.

Ussher's Creek

Located on the South side of this majestic property, Thomas McBroom has created a true masterpiece.

With its thick stands of deciduous trees and strong contours, Ussher’s Creek looks like a classic parkland course. The mature Carolinian forest along with a sea of bunkers are ready to snare any wayword strokes, and present an intimidating optical illusion.

With such a strong property, Thomas McBroom set the course softly on the land with flowing lines, moderately sized greens with slight folds, and strategic bunkering to create targets and indicate turns. As well, the base acreage allowed Thomas McBroom the rare luxury of creating a meandering course the promotes a feeling of privacy, with adjacent foursomes hidden from sight. The creek, for which the course is named, crisscrossed throughout the fairways and is weaved into nine holes providing both aesthetic enhancement and challenge. However, if this is not enough to intimidate the golfer, Ussher’s creek also host two other enormous ponds.

This traditional classic course is not without it subtle difficulties. In a tribute to McBroom’s ability, most of the fairway bunkers are created with Ohio Sand required an accurate shot to navigate. Ussher’s Creek also provided golfers with several holes which have been created to complement the natural woodlands and border both side of the fairways for a tighter play.

This strategically designed course boast a yardage stretching from 6185 yards (whites) to 7180 yards (gold).

Ussher’s Creek is rapidly developing a legendary reputation.
Maid of the Mist Boat Tour / Excursion Maid of the Mist

Saturday, September 24 - 1:00 to 2:15 pm

Cost: $35.00 per person includes transportation, taxes and gratuity. /

samedi, 24 septembresamedi, 24 septembre - 13 h à 14 h 15

Coût : 35 $ par personne incluant transport, taxes et pourboires.

The Maid of the Mist is a boat tour of Niagara Falls. (The actual boats used are each named Maid of the Mist, followed by a different Roman numeral in each case.) The boat starts off at a calm part of the Niagara River, near the Rainbow Bridge, and takes its passengers past the American and Bridal Veil Falls, then into the dense mist of spray inside the curve of the Horseshoe Falls, also known as the Canadian Falls. The tour is available starting from either the Canadian or U.S.A side of the river, returning to the starting point in each case.

The first Maid of the Mist was launched in 1846 as a ferry service between the Canadian and American sides, pre-dating by two years the construction of the first Niagara Falls Suspension Bridge at the site. However, with the opening of the suspension bridge, the ferry service lost business, and by 1854, became a tourist attraction instead with the launch of a more luxurious boat. The current captain of the Maid of the Mist is Captain Mark Keith of St. Catharines, Ontario.
Wine Tour / Tour des vignobles

Saturday, September 24 - 2:30 pm to 6:30 pm

Cost: $75.00 per person, includes transportation, all taxes and gratuity. /

samedi, 24 septembre - 14 h 30 à 18 h 30

Coût : 75 $ par personne incluant transport, taxes et pourboires.

Thank you for choosing to experience the beauty of Niagara-on-the-Lake with Magnificent Tours of Niagara. The vineyards of Niagara-on-the-Lake have earned international recognition not only for their ice wine, but for their entire collection of wines. Nestled between Lake Ontario and the Niagara Escarpment, the fruit lands of Niagara resemble a picturesque French countryside of which you will explore with your licensed tour guide.

Enjoy a fully guided and narrated tour of Chateau des Charmes followed by a delectable wine tasting that will include their top selection of reds and whites. Founded in 1978, Chateau des Charmes is one of the largest family owned wineries in Canada with 279 acres of vineyards. The Bosc family are fifth and sixth generation winegrowers who produce their wines in a magnificent chateau that is the jewel of the Niagara-on-the-Lake countryside

You will also have the opportunity to taste an assortment of wines at the Reif Estates Winery. This winery is family-owned and operated, creating a comfortable atmosphere where you may enjoy your wine tasting. While you are at the wine tasting bar, remember to ask about their world famous Vidal Icewine.

No tour of Niagara-on-the-Lake would be complete without a visit to their historic quarter. This quaint village has a history spanning over two hundred years. During your tour, your guide will point out and recount interesting points such as the MacKenzie Printery, the Laura Secord Homestead and the MacFarland House. You will also be accorded two hours to stroll around the town where you may explore the antique shops or the local theatre, the Shaw Festival.

You will also have the opportunity to taste an assortment of wines at Pillitteri Estates Winery. This winery is family-owned and operated, creating a comfortable atmosphere. While you are at the wine tasting bar, remember to ask about their world famous red ice wine, exclusive to Pillitteri Estates.

SAVE THE DATE

The 7th annual conference will be held on September 23rd to 25th, 2010 at The Fairmont Pacific Rim Hotel, Vancouver BC.

Registration will open June 1,2010 and members will be notified via email.

CACE members can now join the CACE LinkedIn Group to share information and ideas. You can join the main CACE LinkedIn Group and the OHS Sub Committee Group.

To access the group, please search CACE on Linkedin or copy and paste the link below

http://www.linkedin.com/groups?gid=2681581&trk=myg_ugrp_ovr

Registration for the 8th Annual Conference in Niagara Falls from September 22-24, 2011 will open in June.

This year’s conference will include:

• Occupational Health and Safety Meeting
• Human Resource Meeting
• Cross Canada Labour Law Update
• Cross Canada Employment Law Update
• Social Media and the Workplace
• Information and Privacy: Impact on Labour and Employment Law
• Labour Conflict and Injunctions
• The Supreme Court’s Fraser Decision
• Harassment in the Workplace
• Strategic Communications and the Role of Labour an Employment Counsel
• Stress Claims and Workplace Discipline

We look forward to seeing you there!

Dear Colleagues,

We are in the process of preparing submissions in response to HRSDC’s call for submissions regarding its recently released discussion paper on Part III of the Canada Labour Code.

If you would like to participate in developing CACE’s submissions on the various issues raised in the discussion paper, please advise me as soon as possible. For your convenience I attach a link to the discussion paper. Areas in respect of which we would appreciate your input include, notably. the structure of whatever administrative tribunal should be charged with deciding cases under Part III. Professor Arthurs recommended more serious cases be sent to the CIRB and the less serious ones be dealt with by a separate tribunal, that would be created and charged with the roles currently handled by referees and adjudicators under Part III of the Code.

Thank you. I hope to hear from many of you.

English version - http://www.hrsdc.gc.ca/eng/labour/employment_standards/fls/discussion_paper/page00.shtml

French version - http://www.rhdcc.gc.ca/fra/travail/normes_travail/ntf/document_discussion/page00.shtml

Mary J. Gleason
T: 613.780.8635
F: 613.230.5459

CACE was invited to present to the Standing Committee on Agencies at the Ontario Legislature on February 9, 2009.  Our submissions covered five broad areas.

Firstly, it was recognized that in the months leading up to Bill 107 the Tribunal engaged in a consultative process that was broad, open and transparent.  It was recognized that the Tribunal undertook significant efforts to reach out to all of the stakeholders in designing its processes.

Secondly, it was noted that there are a number of housekeeping issues that need to be undertaken, and that at times there is lack of clarity around some of the procedural issues at the Tribunal.  It was clear that our members had concerns about the mistakes made regarding some of the process issues, including deadlines and the various paper requirements of the Tribunal.  However, it was also noted that while there are significant housekeeping issues, the Tribunal is making sincere efforts to address them.  The Tribunal is regarded as providing "good customer service", and it is our experience that the Tribunal generally errs on the side of allowing extensions and is open to dialogue in fixing the mistakes that have been made.

Thirdly, there was an appreciation for the flexible processes and the speed with which the new Tribunal is handling and streamlining cases.  Respondents have indicated that so far this model is far preferable to the old Commission model with its inordinate delays.

In addition to the above comments, we outlined two main areas of concern raised by our members.

Firstly, there is widespread concern about a lack of an appropriate screening mechanism to screen out frivolous complaints.  It is not clear how rigorously the Tribunal is screening out complaints that are not "within jurisdiction".  Our members expressed frustration about an inability to have vexatious matters "tossed out" before being required to file a full Response on the merits.

Secondly, and related to this, is the inability of Respondents to claim costs where an Application has been dismissed, or at least in cases which are frivolous and vexatious and in which significant time, resources and money have been expended to defend against a matter that should not have been allowed to proceed.  The absence of some kind of sanction for vexatious applications is a concern for the Respondent community.

CACE submission with respect to the Focused Study on the Causes and Impact of Work Stoppages in the Federal Privates Sector.

To read the full submission please click here.

CACE endorses and supports the proposed and potential changes to labour and employment legislation in the Province of Saskatchewan.

To read the full submission please click here.

The Canadian Association of Counsel to Employers (“CACE”) was created in 2004 as an association of lawyers who act on behalf of employers in labour and employment matters. One of CACE’s primary purposes is to provide governments and regulatory bodies with input concerning policy and legislative reform from the perspective of its members and their clients.

CACE believes that the development of a legislative and regulatory climate that fosters the voluntary creation and maintenance of defined benefit pension plans is an important public policy objective. CACE applauds this consultation initiative of the Financial Sector Division of the Department of Finance, and is grateful for this opportunity to provide submissions addressing how the legislative and regulatory framework for defined pension plans registered under the Pension Benefits Standards Act, 1985 (the “PBSA”) can be strengthened.

To read our response to the Federal Department of Finance's Consultation Paper, please click here.

This is further to the request from the Nova Scotia Department Environment and Labour (the "Department") seeking comments on a discussion paper published December 14, 2006 about violence in the workplace (the "Discussion Paper"). The following are the submissions of the Canadian Association of Counsel to Employers ("CACE") on the proposed regulatory changes to reduce the risk of workplace violence.

To read the full submission please click here.

CACE has submitted a report to the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities (HUMA) regarding Bill C-257.

To view this submission please click here.

CACE Submissions to the Arthurs Commission

RE: Review Part III of the Canada Labour Code ...

Ms. Diane Lafleur
Financial Sector Policy Branch
Department of Finance
L’Esplanade Laurier
20th Floor, East Tower
140 O’Connor Street
Ottawa, Ontario K1A 0G5

Dear Sirs:

Re: Submissions in Response to the Federal Department of Finance’s Consultation paper entitled Strengthening the Legislative and Regulatory Framework for Defined Benefit Pension Plans Registered under the Pension Benefits Standards Act, 1985

I am writing as the Legislative and Law Reform Committee Chair and Director of the Canadian Association of Counsel to Employers (“CACE”). CACE is a newly-incorporated association of practicing lawyers, devoted to representing employers in labour and employment law matters. CACE is designed to provide a forum for counsel to share information and to express their views on matters of importance. CACE’s current membership is nearly 300 lawyers, who collectively represent the majority of employers in Canada, including most of the employers who are subject to federal regulation in matters of labour and employment law. As a result of its members’ experience and expertise, CACE is well situated to provide practical and useful recommendations to the Department of Finance with respect to its consultation paper.

I am pleased to enclose CACE’s recommendations in this regard. CACE would like to thank the lawyers of the Heenan Blaikie LLP Pension and Benefits Practice Group (Peter L. Clarke, John D.R. Craig, S. Jodi Gallagher and Margaret Gavins) for their work in preparing the attached submissions, David J. Vincent, of the Pension Department of Ogilvy Renault LLP, for reviewing the submissions, and Peter McLellan Q.C. of McInnes Cooper for chairing the working group on the submissions.

We trust that you will find the enclosed useful in your deliberations on these matters. If public hearings are to be held with respect to possible amendments to the Pension Benefits Standards Act, 1985, CACE would very much appreciate the opportunity of presenting a brief at any such hearing. We would be pleased to have you post a copy of these submissions (and this letter) on your website.

If you have any questions with respect to the enclosed, please do not hesitate to contact me.

Yours very truly,

Mary J. Gleason
Director and Chair of the
Legislative and Law Reform Committee

The CEC Update

Recent Developments at the International Labour Organization, United Nations and the International Organization of Employers.  This report has been graciously provided by the Chair of the Canadian Employers Council, Andrew Finlay, and Brian Burkett, Counsel of CEC, who are both members of CACE.  Click here to review the Report.

We are writing to you in our capacity as directors of the Canadian Association of Counsel to Employers (CACE). CACE is a newlyincorporated association of practicing lawyers who devote the majority of their time to the representation of employers in labour and employment law matters. CACE is designed to provide a forum for such counsel to share information and to provide them with a vehicle to express their views on matters of importance. CACE's current membership is well in excess of 200 lawyers, who, indeed, collectively represent most of the employers in this country.

---------------------------------------

December 13, 2004

Sent Facsimile and mail

The Honourable Greg Sorbara, MPP
Minister of Finance
Province of Ontario
7 Queen's Park Crescent
7th Floor, Frost Building South
Toronto, ON M7A 1Y7

Dear Minister Sorbara:

Re: Labour Relations and the Ontario Health Premium

We are writing to you in our capacity as directors of the Canadian Association of Counsel to Employers (CACE). CACE is a newlyincorporated association of practicing lawyers who devote the majority of their time to the representation of employers in labour and employment law matters. CACE is designed to provide a forum for such counsel to share information and to provide them with a vehicle to express their views on matters of importance. CACE's current membership is well in excess of 200 lawyers, who, indeed, collectively represent most of the employers in this country.

The purpose of this letter is to express our Ontario members' concerns and perspective with respect to the wording of Bill 106 and its impact upon labour relations in the province.

As you are doubtless well aware, the question of whether the cost of the new Ontario Health Premium is to be borne by unionized employers is currently a hotly-contested issue. We refer specifically in this regard to those collective agreements which provide for employer payment of Ontario Health Insurance Plan (OHIP) “premiums”. This sort of language is contained in very many collective agreements in the province – including, ironically, many agreements in the health care sector. These types of clauses were negotiated years ago, when Ontario required individuals to pay monthly, fixed OHIP premiums. Many employers simply left such language in their agreements following 1990 when OHIP premiums were abolished. Many unions are now invoking such language to claim reimbursement for the new tax created by Bill 106. The use of both of the words “premium” and “tax” in Bill 106 has resulted in confusion regarding whether the new Ontario Health Premium is indeed a “premium” as contemplated by these collective agreements.

It is our suggestion that this confusion can be easily resolved by using consistent language throughout Bill 106. Faced with the choice between “premium” and “tax”, the removal of all references to “premium” is the option which best adheres to the stated intention of your government – namely, that the Ontario Health Premium is a tax to be paid by individuals.

A brief history of this matter lends support to the necessity for change and the simplicity of the answer suggested. To begin, the first mention of this issue occurred not during the debates on Bill 106, but during the Committee hearings on Bill 83. There, Ms. Tasha Kheiriddin of the Canadian Taxpayers Federation stated: “In other words, there’s a great degree of uncertainty attached to the payment of this new tax. In a labour relations context, uncertainty is never a good thing.” Similar sentiments were expressed by both the Ontario Federation of Labour and the Association of Municipalities of Ontario.

Shortly thereafter, you confirmed the government’s intention on this point. On June 24, 2004, in response to questions posed by Mr. Jim Flaherty in the legislature, you are quoted as having stated: “…this premium does not come within the four corners of those pre-existing collective agreements.”

Despite this stated intention, a number of grievances were filed once employers began to deduct the prescribed amounts from the paycheques of their employees. To date, there have been four decisions handed down by Ontario arbitrators in response: one decision found the employer liable to pay the Ontario Health Premium on behalf of its employees (the award of Arbitrator Barrett); the other three decisions found the employer not liable, based upon the wording of the respective collective agreements (the awards of: Arbitrator Teplitsky; Arbitrator Shime; and Arbitrator Tims). A key issue for the Arbitrators was the consideration of whether the Ontario Health Premium is a “premium” or a “tax”.

A number of other arbitrations remain pending on this matter in the province; they affect tens of thousands employees.

In response to the release of contradictory decisions, both you and Premier McGuinty reiterated that it is not the government’s intention that the cost of the Ontario Health Premium be borne by employers under the pre-existing collective agreement language that made reference to the long abolished OHIP premiums. In particular, the Premier is quoted as having said the following in the legislature on October 27, 2004: “If, at some point in time, we need to do something to inject further clarity into this matter, then we will, but our intention has always been that this should be paid by taxpayers.”

We suggest that the time to inject such clarity is now, while Bill 106 travels through the legislative process. The continued litigation on this point is unnecessary, and may well lead to further contradictory decisions, with consequent costs to employers, including employers in the health care sector. The continued expense of arbitral and judicial resources is unnecessary. And the continued uncertainty in the labour relations environment is unnecessary and unhealthy.

The stated intention of your government is clear; and clear and unambiguous effect can be given this intention by removing all uses of the word “premium” from Bill 106. Because this would not be a substantive amendment to the Bill, our suggestion is also procedurally simple. We urge you to make this simple housekeeping amendment to Bill 106 to remove the current uncertainty and put an end to the ongoing litigation which our members' clients are facing.

Yours very truly,

Mary J. Gleason
Ogilvy Renault Barristers and Solicitors

Peter Thorup
Filion Wakely Thorup Angeletti LLP

Mark Contini
Matthews Dinsdale & Clark LLP

Ontario Directors of CACE

This is a reply to a question on "Withholding On Lump Sum Payments" during Joel Nitikman's Tax Law Primer for Labour and Employment Lawyers presentation at the Banff Conference.

Please click here to view the Joel's response.