Ontario Updates Regulation Governing Group Terminations

On November 10, 2023, the government of Ontario filed Ontario Regulation 340/23 (Amending Regulation) which amends the Termination and Severance of Employment Regulation (Regulation) made under the Employment Standards Act, 2000 (ESA). The Amending Regulation provides regulatory support for changes to the ESA’s group termination provisions made by Bill 79, Working for Workers Act, 2023 (Bill 79). Under the ESA, employers have an obligation…

Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements

The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…

Ontario to Table Legislative Changes Relating to Injured Workers

On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…

Ontario to Introduce Legislation Banning Requirements for Canadian Work Experience in Job Postings

On November 9, 2023, the Ontario government announced its intention to introduce legislation which it states would be aimed at protecting internationally trained workers. If passed, the legislation would ban employers from requiring Canadian work experience as a requirement in job postings and application forms. The government also announced that it will be “proposing changes…

Ontario Announces Proposed Changes to Employment Requirements, Including Disclosure of Salary Ranges in Job Postings

On November 6, 2023, the Ontario government announced it will introduce legislation to require Ontario employers to disclose salary ranges in job postings. The legislation would also require employers to disclose whether they used artificial intelligence during the hiring process. Other proposed changes include: Further, the government announced that it will be conducting consultations on…

Court Considers Appropriate Pleadings in Class Action Context

In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…

Ontario Proposes New Requirements on Construction Sites

On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. If approved and filed, the proposed regulatory changes would require construction employers to provide safe, private, and clean restroom facilities, including a minimum of one designated washroom for women on every jobsite. The total number of restrooms required across most…

Ontario Proposes ESA Changes for Remote Workers and New Hires

On March 13, 2023 the Ontario government announced proposed updates to employment laws related to remote workers in the province.  If passed, the proposed changes would broaden the definition of “establishment” in the Employment Standards Act, 2000 (ESA) to include employees’ remote home offices. As a result, employees who work solely from home would be…