Federal Government Tables Bill to Provide 10 Days Paid Sick Leave and to Protect Healthcare Workers From Intimidation

On November 26, 2021, the federal government tabled Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. Amendments to the Canada Labour Code If passed, Bill C-3 would amend the Canada Labour Code (Code) to provide employees in federally regulated industries with up to 10 days of paid medical leave….

Federal Government Tables New COVID-19 Leaves Under the Canada Labour Code

On November 24, 2021, the federal government tabled Bill C-2, An Act to provide further support in response to COVID-19. Among other things, if passed, Bill C-2 would reintroduce COVID-19 leaves of absence (repealed on November 20, 2021), as amended, under the Canada Labour Code (Code). Under Bill C-2, the new COVID-19 leaves would provide:…

Ontario Proposes Minimum Wage Increase Starting January 1, 2022

On November 2, 2021, the Ontario government announced that it plans to introduce legislation that, if passed, would raise the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. Under the proposed legislation, the minimum wage rate for liquor servers (currently set at $12.55 per hour) would be eliminated. This means…

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…

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…

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…

Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination

On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…

Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL

On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…

Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision

In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…

Ontario Consults on the “Future of Work” as it enters COVID-19 Recovery Phase

The Ontario government has established a Workforce Recovery Advisory Committee to lead consultations and to provide recommendations on the “future of work” in the province. As stated by the government, the Committee’s recommendations regarding the “future of work” will focus on three pillars: Economic recovery: How to make Ontario the top jurisdiction with a world-class…