On November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (Bill 229). Bill 229 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Key proposed amendments are addressed below. Employment Standards Act, 2000 If passed,…
Practice Area: Human Rights
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
CCES Releases Draft Canadian Safe Sport Program Rules for Feedback
This fifth installment of the Safe Sport series addresses a first draft of the Canadian Safe Sport Program Rules (CSSP) which has been published for consultation and feedback. This is an important document for the future of safe sport in Canada. As the Canadian Centre for Ethics in Sport (CCES) begins its transition to administer…
Human Rights Tribunal of Ontario Seeks Input on Important Process Changes
The Human Rights Tribunal of Ontario (HRTO) recently announced it is seeking feedback on important changes it suggests are designed to streamline its process. The key proposed changes are as follows: Feedback on these proposed changes can be provided until November 22, 2024 by sending an email to HRTO.registrar@ontario.ca with the subject line “HRTO Consultation.”…
Comedy and Satire: Human Rights Considerations in the Writing Room
While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…
SDRCC Rules That Maltreatment and Abuse Warrant Lifetime Ban On Working With Athletes
Addressing complaints of the maltreatment and abuse of athletes continues to be a developing and hot-button issue in Canadian law. The Sport Dispute Resolution Centre of Canada (SDRCC) recently released its June 27, 2024 decision in Elvira Saadi v Gymnastics Canada (GymCan), which upheld the original decision of a disciplinary panel of Gymnastics Canada (GymCan)…
City of Greater Sudbury Exercised Due Diligence in Construction Site Fatality As Appeal Dismissed by Ontario Superior Court of Justice
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs
In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…
Becoming a Program Signatory to the SDRCC/OSIC
Introduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…