Changes in payroll laws and regulations from across Canada
Canada
CPP SIN regulations repealed
Employment and Social Development Canada (ESDC) has repealed a regulation pertaining to social insurance numbers under the Canada Pension Plan (CPP).
In the June 14 issue of the Canada Gazette Part II, ESDC stated that it had repealed the CPP (Social Insurance Numbers) Regulations as of June 2 because they were “no longer necessary and relevant.”
The regulations contained a section outlining employer duties, including providing employees with the applicable form to apply for a SIN if they do not have one, have lost it or have changed their name.
However, ESDC said that with changes to SIN rules a few years ago, responsibility for obtaining a SIN has moved from employers to employees, making the section irrelevant.
“Since the requirement to apply for a SIN is the responsibility of the employees, as defined under subsection 89(1) of the Employment Insurance Regulations, the onus now falls on them rather than the employer, to ensure they obtain a SIN,” it said.
The EI regulations require employers to ask new employees for their SIN within three days after they begin work. Employees are obligated to give their SIN to the employer within that period or, if they do not have a SIN, within three days after they receive it.
Employers who are not able to obtain a SIN must contact the local office of the Canada Employment and Insurance Commission within six days after the employee begins work.
Remembrance Day one step closer to statutory status
A private member’s bill to have Remembrance Day recognized as a legal holiday is a step closer to reality after getting support in the House of Commons in June.
Bill C-311, An Act to amend the Holidays Act (Remembrance Day), passed third reading in the house on June 21. The bill, sponsored by Liberal Member of Parliament Colin Fraser, would not make Remembrance Day a paid holiday across Canada. Instead, it would give the day the same status of “legal holiday” in the Holidays Act as Victoria Day and Canada Day.
“Personally, I believe that it would be appropriate for Remembrance Day to be a statutory holiday in every province and territory in Canada,” he told the House of Commons last fall when speaking about the bill.
“However, I completely respect that it is not within the purview of parliament to enact such a law, and of course, the bill does not do so,” said Fraser.
“Nevertheless, I believe that if the bill is passed and our parliament reinforces in this way the importance of November 11, it can give the provinces that do not already do so a good opportunity to revisit whether they want to mark Remembrance Day as a statutory holiday in their jurisdictions,” he said.
Most jurisdictions in Canada include Remembrance Day as a statutory holiday under their labour standards law, except for Manitoba, Nova Scotia, Ontario and Quebec.
British Columbia
Minimum wage expected to rise next month
The British Columbia general minimum wage rate is scheduled to rise from $10.85 an hour to $11.35 on September 15. But the province’s new government has yet to confirm the hike.
With no political party winning a majority of seats in the provincial legislature in the May 9 election, the province’s government has been uncertain.
The B.C. Liberal Party, which won the most seats, but not enough for a majority, tried to form government in June, but was defeated on a non-confidence vote.
The province’s lieutenant-governor has invited the provincial New Democratic Party to govern.
The B.C. Green Party caucus has signed an agreement to support the NDP caucus.
One of the points in the agreement would require the government to set up an arm’s-length fair wage commission.
It would study options for raising the minimum wage rate to at least $15-an-hour, oversee regular minimum wage reviews, and recommend ways to address differences between the minimum wage and a living wage.
The minimum wage is currently adjusted each year based on increases in the province’s consumer price index for the previous year.
However, with the province’s economy doing well, the previous Liberal government announced last year that minimum wage rates would rise beyond indexation in 2016 and 2017.
Earlier this year, it proposed to raise the general minimum wage rate to $11.35 as of Sept. 15 and to increase the rate for liquor servers from $9.60 an hour to $10.10.
Other minimum wage rates would rise proportionate to the general minimum wage rate.
New Brunswick
Province making pay equity adjustments
The New Brunswick government has approved pay equity adjustments of $8.4 million over 10 years for employees in three groups represented by the New Brunswick Union (NBU).
Employees receiving the adjustments are professional support workers in schools, specialized health-care professionals, and medical science professionals.
“Pay equity is crucial to ensuring that people are paid for their work in a non-discriminatory way,” said Treasury Board President Roger Melanson.
“Wages should reflect the value of the job, regardless of whether it is a male or a female doing the job.”
To date, the Treasury Board has completed eight pay equity studies in the public service for female-dominated groups of employees.
NBU president Susie Proulx-Daigle said she was pleased with the pay increases so far.
“There is still work to be done, however this is a step forward for pay equity in our province,” she said.
Finance Minister Cathy Rogers said the province plans to implement pay equity in other parts of the public sector.
“We also encourage all private sector employers to examine the wage gap within their organizations and assess whether discrimination or pay inequity exists, and we will continue to look for opportunities to work with the private sector in achieving this important goal,” she said.
Newfoundland and Labrador
Report shows support for indexing minimum wage
A report on consultations into indexing the minimum wage rate in the province states that most participants favour tying wage changes to the consumer price index, with adjustments occurring annually.
The report, which Labour Minister Gerry Byrne released in June, summarizes consultations held over the winter to consider options such as using the consumer price index, average weekly earnings, low income cut off, or market basket measures to set the minimum wage rate.
The report concludes that although there were differing opinions on the potential impact of minimum wage changes, “there was support for a transparent and open method for addressing future minimum wage adjustments.”
It also notes that some participants wanted the rate increased to a living wage before indexing it. Others voiced support for a cap on wage hikes and for the government to halt minimum wage increases during economic downturns. The report also found support for implementing wage changes on April 1 like the Maritime provinces do.
Byrne said the government would take the report into account in determining its next steps.
Saskatchewan
Minimum wage rising in October
The minimum wage rate in Saskatchewan will rise from $10.72 an hour to $10.96 on October 1, the Ministry of Labour Relations and Workplace Safety recently announced.
Under Saskatchewan law, the government uses annual changes in the province’s consumer price index and average hourly wage to set the minimum wage rate. Annual adjustments take effect October 1.