Divisional Court Confirms Non-Construction Employer Provisions in Labour Relations Act Do Not Infringe Charter Rights

In Carpenters’ District Council of Ontario v. City of Hamilton, the Divisional Court dismissed an application for judicial review of an Ontario Labour Relations Board (Board) decision in which the union challenged the amendments to the non-construction employer (NCE) provisions in the Labour Relations Act (LRA). Specifically, the union challenged the constitutionality of Bill 66,…

Amendments to OHSA Regarding Naloxone Kit Requirement Proclaimed into Force – June 1, 2023

The amendments Bill 88, Working for Workers Act, 2022 made to the Occupational Health & Safety Act, which require certain employers to have a naloxone kit in the workplace, have been proclaimed into force effective June 1, 2023. As a result, starting on June 1, 2023, employers who become aware or ought reasonably to be…

Ontario Launching 2023 Budget Consultations

On December 8, 2022, the Ontario government announced that it is launching consultations for the 2023 Budget. The announcement states that the government is “seeking ideas from workers, families, business owners and communities on what they need and what they want to see in the 2023 Budget.” In-person consultations will be held across the province…

Municipalities Take Note: Ontario Introduces Better Municipal Governance Act and Strong Mayors, Building Homes Act Regulations

In this Human Resources Legislative Update, we provide a brief summary of two recent legislative developments–the introduction of Bill 39, Better Municipal Governance Act, 2022, as well as Strong Mayors, Building Homes Act, 2022 regulations–that build on the Ontario government’s stated initiative to extend strong mayor powers and deliver on shared provincial-municipal priorities. Bill 39,…

Ontario to Require Filed Pension Funding and Governance Policies

On November 14, 2022, the Ontario government released the 2022 Ontario Economic Outlook and Fiscal Review – Ontario’s Plan to Build: A Progress Update. Included in the plan is, as previously announced in the 2022 Budget, the government’s commitment to consult with stakeholders on proposed regulations necessary for implementing a permanent target benefit framework in…

Supreme Court of Canada Denies Leave to Appeal in Public Sector Wage Restraint Legislation Case

On October 27, 2022, the Supreme Court of Canada dismissed an application for leave to appeal Manitoba Federation of Labour et al v The Government of Manitoba. In that case, the Manitoba Court of Appeal (Court) upheld the constitutionality of the province’s public sector wage restraint legislation. The Court based its decision on the case…

Ontario Divisional Court Finds Group Living Home Did Not Discriminate Against Disabled Resident by Enforcing a No Visitor Policy During the COVID-19 Outbreak

On September 22, 2022, the Ontario Divisional Court (Court) released Empower Simcoe v. JL, in which the Court set aside decisions of the Human Rights Tribunal of Ontario (Tribunal). The Court held that Empower Simcoe’s COVID-19 visitor policy (Policy), which temporarily limited visits to essential personnel and was later updated to allow outdoor family visits…

Ontario Makes Changes to COVID-19 Requirements in Long-Term Care Homes

Effective October 14, 2022, Ontario has made a number of changes to COVID-19 requirements in long-term care homes (LTC Homes), as set out in the document titled “COVID-19 guidance document for long-term care homes in Ontario.” Active screening for COVID-19 is no longer required when visitors and caregivers are entering a facility (although it remains…

Federal Government Launches Consultations to Improve the Collective Bargaining Process

On October 19, 2022, the federal government announced that it is seeking public feedback regarding its plan to improve the collective bargaining process. The government states that the consultation was launched in response to its commitment to introduce legislation by the end of 2023 to prohibit the use of replacement workers during a strike or…

Ontario Seeking Feedback on Plan to Expand Benefits Coverage

On September 27, 2022, the Ontario government announced that it is seeking public feedback on its plan to expand benefits like health and dental to workers who need coverage, including those in part-time and precarious jobs, in sectors such as retail, hospitality and the gig economy. This call for feedback follows the government’s appointment of…