Jessica Moldaver June 5 2019 Proposed federal changes for training benefits, pay equity and more Fasken | Employment & Immigration - Canada Jessica Moldaver Employment & Immigration Canada Training BenefitEmployment Insurance Training Support BenefitLeaves of absence for trainingEmployee stock optionsAccessibilityPay transparencyCommentNearly four years ago, the federal government expressed a commitment to investing in the middle class and creating "real change" for workers and their families. With an election looming in October 2019, the government released its Budget 2019 on 19 March 2019, titled Investing in the Middle Class. Budget 2019 proposes, among other things, a number of employment-related changes, focused on supporting and engaging the middle-class workforce.Canada Training BenefitFor Canadian employers and employees, the most significant item in the budget is the announcement of a proposed new Canada Training Benefit. The new benefit proposes:a non-taxable training credit to help cover the cost of training fees for eligible workers between the ages of 25 and 64;that eligible employees will accrue a credit balance of C$250 per year, to a lifetime upper limit of C$5,000; andthat the credits can be used to cover the costs of tuition fees or enrolment in a training programme to upgrade skills.This proposed benefit reflects the modernisation of Canadian workplaces. The federal government indicated its interest in supporting such modernisation through the recent appointment of an expert panel on labour standards.Employment Insurance Training Support BenefitIn addition to the Canada Training Benefit, Budget 2019 proposes to introduce an Employment Insurance Training Support Benefit. This benefit, which the government plans to launch in 2020, would provide workers with income support through the existing employment insurance system. The purpose of the benefit is to allow workers to take a subsidised leave to engage in training activities, without having to jeopardise their ability to cover living expenses. The proposed benefit would:be paid at 55% of average weekly earnings, for a maximum of four weeks; andoffer an employment insurance premium rebate to employers to offset additional pressures on small businesses, stemming from the corresponding increase in employer premium rates.Leaves of absence for trainingNew leaves of absences for worker training have also been proposed. The government has stated its intention to consult with provinces and territories on all aspects of the Canada Training Benefit, and in particular with respect to developing job-protected leave provisions to protect employees wishing to pursue such training leaves.Employee stock optionsBudget 2019 also announced the government's plans to limit the use of the current employee stock option tax regime. According to the government, the stock option deductions were intended to assist smaller, growing companies with cash-flow challenges in providing adequate remuneration to retain talented employees. Instead, the government notes that these deductions have disproportionately benefited high-income individuals.Although no specific rules have been released, the government stated that it intends to address this issue by applying a C$200,000 annual cap on employee stock option grants (based on the fair market value of the underlying shares) for employees of "large, long-established, mature firms". No caps are expected to be imposed on start-up companies or rapidly growing Canadian businesses.The government intends to release additional information this summer but has noted that any changes to the employee stock option regime would apply on a go-forward basis only and would not apply to employee stock options granted prior to the announcement of legislative proposals to implement any new regime.AccessibilityFrom 2017 to 2018, 59% of discrimination complaints received by the Canadian Human Rights Commission involved allegations of discrimination on the basis of disability. Acknowledging this, the federal government is committing to making Canada accessible and supporting people with disabilities. Federally regulated employers continue to await the passing of Bill C-81, which would create a new Accessible Canada Act, although there is no word on when the bill will become law and come into force. The federal government aims to be a leader in its eventual implementation and in developing accessibility standards and regulations.Pay transparencyFinally, among other gender equality goals for Canada, the government has proposed to introduce amendments to the Employment Equity Act and regulations. These would introduce new pay transparency measures for federally regulated employees, which would continue to reduce the gender wage gap, increasing economic participation and prosperity for women, particularly in underrepresented groups.CommentIt is too early to tell whether any of these proposals will be brought into force before the upcoming federal elections in 2019, or whether they will be priorities for the next federal government. Watch this space.For further information on this topic please contact Jessica Moldaver at Fasken by telephone (+1 416 366 8381) or email ([email protected]). The Fasken website can be accessed at www.fasken.com.