CSIL Module 4 Employer's Legal Obligations - Wishart Brain & Spine Law LLP

CSIL Module 4 Employer’s Legal Obligations

Module 4 employer’s legal obligations for the CSIL program is complex. If you are uncertain about any part of this process please seek professional or legal advice. Online forums and organizations with other CSIL employers can help with any questions or best practice suggestions.

As an employer and owner of a business you are legally responsible for meeting all employee obligations. Even if you do not intentionally, or accidentally, fail to meet the obligations, you are liable and can face monetary penalties.

We will not go into detail in this section but rather provide you with links to expert help and the regulations that mandate all employers.

If you hire a bookkeeper, ask them if they have experience in this area in the interview. It will be a great help to your success if they have training.

Key legislation for employers is:

Employment Standards Act and Regulation
Human Rights Code
Workers Compensation Act (WCB) and Occupational Health and Safety Regulation (OHS)
Personal Information Protection Act (PIPA)
Income Tax Act
Employment Insurance Act and Regulation

Employment Standards

They govern the conditions of employments such as:

Minimum Wages
Hours Worked / Overtime
Holiday Pay
Minimum Notice / Payment in Lieu of notice

Human Rights

Human Rights legislation governs how you treat people. These are the 13 protected grounds of discrimination you need to be aware of when you are hiring employees, maintaining a work or professional relationship, and terminating them.

Race
Color
Ancestry
Place of Origin
Political Belief
Religion
Marital Status
Family Status
Physical or Mental Disability
Sex
Sexual Orientation
Age

Criminal Conviction ** if the conviction is not related to the person’s employment

Workers Compensation Act and Occupational Health and Safety Regulation

This part of the job is the most time consuming and demanding as far as meeting minimum standards. WCB requires you to:

Always keep your employees safe, physically and mentally
Maintain a minimum standard of care as outlined in their regulations.
Educated as to workplace safety rules, regulations, and expectations on an ongoing basis
Record all training and safety meetings
Pay insurance premiums based on your industry rate and your gross payroll

WCB website is very comprehensive and there are most, if not all of the policies, procedures and recommendations you will need available online. You will be required to create a health and safety manual, have regular staff meetings and report any injuries. We would recommend keeping a daily journal about the staff and any incidents, regardless of how small, in the event you are audited, or have a claim.

WCB is a no fault insurance but if you are not incompliance, they will fine you or shut your business down.

Personal Information Protection Act (PIPA)

This governs how you can collect, store and share employee’s personal information. There are rules about who has access to the employee files, what type of information you request from employees and when consent from employees is required to obtain that information. All information must be used strictly for employment purposes.

Income Tax Act

This act governs requirements by Canada Revenue Agency regarding deductions off employee payroll and employer contributions for CPP, EI, and Income. There are strict rules about reporting and remitting these deductions and you will be fined for not complying. This Act also mandates the rules regarding completing, and submitting Records of Employment, when an employee no longer works for you – regardless of how the employment relationship ends. We would encourage you to hire an experienced bookkeeper for this purpose.

Common Legal Issues faced by Employers

Dismissing employees – How much notice is required and how much are they owed
Terminating employees for poor job performance or misconduct – this can be very complicated and contentious
Accommodating Employees under the Human Rights Code
Pregnancy or Parental Leave
How much Vacation pay or time is owed
What happens if an employee is injured on the job
Employee contracts – what do I need to include

Preventing Legal Liability as an Employer

Reducing your risk of liability is a complicated part of any business owner’s company and CSIL is no different. Not knowing is not a valid excuse. Please make sure that you take the time to read and learn about your obligations or speak with a professional. Get a lawyer or someone with experience in this field to assist you with:

Employee Contracts
Wages
Setting up an OHS policy
Submitting CRA remittances
Reporting and staying compliant with WCB
How to conduct a hiring process that does not discriminate
Disciplinary and termination of employees.

Wishart Brain and Spine Law would encourage you to Seek the professional guidance from Individualized Funding Resources Center in Vancouver BC. They work with anyone in British Columbia setting up CSIL. There is a fee for the service but the base it on your situation and it can be paid by CSIL program as a eligible expense.