On May 13, 2024, the Ontario government tabled Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194). If passed, Schedule 1 of Bill 194 would enact the Enhancing Digital Security and Trust Act, 2024. Amendments would also be made to the Freedom of Information and Protection of Privacy…
Author: Hicks Morley
Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024
The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…
Court of Appeal Confirms Employment Contract Frustrated by Failure to Comply with Mandatory Vaccination Requirement
In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge’s decision that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling him to wrongful dismissal damages at common law. The lower court decision was discussed in our Case in Point of March…
Federal Government Consulting on Modernization of Employment Equity Act
The federal government has announced a “Consultation on the Employment Equity Act Modernization” (Consultation) further to the final report (Final Report) tabled by the Employment Equity Act Review Task Force in December 2023. At the time the Final Report was tabled, the Minister of Labour announced the government’s initial commitments to modernize the Employment Equity…
Ontario Court of Appeal Finds Plaintiff Did Not Fail to Mitigate, Upholds $50,000 Aggravated Damages Award for Manner of Dismissal
A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity. It also provides a reminder of the factors a court will examine to determine if an employee is entitled to aggravated damages for the manner of dismissal. Krmpotic v. Thunder…
Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000
On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…
The College of Nurses of Ontario Seeks Feedback on Proposed Amendments to the Educational Requirements for Registered Nurses and Registered Practical Nurses
The College of Nurses of Ontario (CNO) has announced a public consultation on proposed amendments to O. Reg. 275/94 under the Nursing Act, 1991 that would amend the educational requirements for registration as a registered nurse (RN) or registered practical nurse (RPN). These proposed amendments were developed based on feedback received during an initial public…
Firefighter and “Super Indexing” Amendments to the Workplace Safety and Insurance Act, 1997 in Force May 1, 2024, and More
On May 1, 2024, the following amendments made to the Workplace Safety and Insurance Act, 1997 (WSIA) by Bill 149, Working for Workers Four Act, 2024, will come into force. Additional Indexing Factor The WSIA currently permits annual adjustments to Workplace Safety and Insurance Board (WSIB) benefits on the basis of an indexing factor, as…
Supreme Court of Canada: Exclusion of Managers from Definition of “Employee” in Québec Labour Code Does Not Violate the Charter
On April 19, 2024, the Supreme Court rendered Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec in which it concluded that the exclusion of managers from the definition of “employee” in the Québec Labour Code (Code) does not violate the right to freedom of association found…
Ontario Seeks Feedback on the Introduction of a Leave of Absence for Long-Term Illness
Ontario’s Ministry of Labour, Immigration, Training and Skills Development has announced a consultation on the potential introduction of an unpaid leave of absence under the Ontario Employment Standards Act, 2000 (ESA) of up to 27 weeks for employees experiencing serious or critical illness. This would arise either through the creation of a new leave or…