On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…
Author: Hicks Morley
Supreme Court of Canada Concludes Arbitrators Can Have Exclusive Jurisdiction Over Human Rights Claims
In Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada held that the Manitoba Human Rights Commission (Commission) did not hold concurrent jurisdiction over a human rights dispute involving a unionized workplace. Rather, a labour arbitrator held exclusive jurisdiction over the dispute. In this FTR Now, we provide a summary of Horrocks…
Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation
On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…
Appellate Court Finds Former Employee was Provided Notice of Agreement Terms; No Entitlement to Unvested Stock Options
In Battiston v. Microsoft Canada Inc., the Ontario Court of Appeal held that an employee who provided online acknowledgements that he had read the employer’s stock option agreement was bound by the provisions of that agreement (including the termination provisions), whether he had read them or not. Background Facts Mr. Battiston had been employed by…
Proposals to Ease Regulatory Burdens for Administrators of Defined Contribution Pension Plans
On October 7, 2021, the Ontario government released draft amendments to Ontario Regulation 909 under the Pensions Benefits Act, which will eliminate certain prescribed requirements for administrators of Defined Contribution (DC) pension plans. In this FTR Now, we highlight the key details of these proposed changes that will be of significant interest to administrators of…
Ontario Introduces Enhanced COVID-19 Vaccine Certificate and Verify Ontario App
On October 15, 2021, the Ontario government announced that the enhanced COVID-19 vaccine certificate with the official QR (Quick Response) code, as well as the verification app, Verify Ontario, are available for download. These tools are intended to make the process of providing proof of vaccination in order to access certain public settings more secure…
Ministry Issues Directive for Vaccination Requirements in Long-Term Care Homes
On October 1, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive sets out COVID-19 vaccination requirements for staff, support workers, student placements and volunteers (Covered Individuals) working in long-term care homes and applies regardless of the frequency or duration of their attendance at the…
Ontario Introduces Bill 13; Proposes Changes to the Occupational Health and Safety Act, Education Act
On October 7, 2021, the Ontario government introduced Bill 13, Supporting People and Businesses Act, 2021 (Bill 13) for first reading. Among other things, Bill 13 includes proposed amendments to the Occupational Health and Safety Act as well as to the Education Act. Occupational Health and Safety Proposed amendments to the Occupational Health and Safety…
Federal Government Announces COVID-19 Vaccination Requirements for Travellers and Federal Sector Employees
On October 6, 2021, the federal government announced that as of October 30, 2021, all travellers departing from Canadian airports, travelling on VIA Rail and Rocky Mountaineer trains or travelling on non-essential marine passenger vessels must be fully vaccinated. The government also announced that, effective October 30, the federally regulated transportation sector will be required…
Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity
On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…