Ontario to Consult on New Public Sector Benefits Pooling Model

The Treasury Board Secretariat has announced that it will begin consultations this year on a new benefits pooling model for broader public sector participants. The government consulted with public sector employers and bargaining agents in the spring and summer of this year about how to achieve reasonable public sector compensation growth, and a centralized benefits…

Budding Industry: Amendments to Cannabis Regulations Legalizing Edible Cannabis Coming Into Force

On October 17, 2019, one year after Canada legalized the sale and purchase of dried and fresh cannabis, oil, seeds, and plants, the government of Canada’s amendments to the Cannabis Regulations made under the federal Cannabis Act will come into force, establishing rules for the legal production and sale of three new classes of cannabis….

Reminder of Upcoming AODA Deadlines

The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. Compliance deadline dates depend…

Ministry of Labour Consulting on “Safe at Work” Initiatives

The Ontario Ministry of Labour has announced a consultation entitled “Safe at Work Ontario 2020-21.” The Ministry is seeking information and input from stakeholders in response to specific questions related to the following issues: Hazards The Ministry has identified the top 10 occupational health and safety issues and violations in the workplace. It is asking…

Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation

The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…

Federal Government Publishes Draft Regulations Relating to Pay Transparency

On August 10, 2019, the federal government released proposed amendments to the Employment Equity Regulations made under the federal Employment Equity Act (Act). The amendments are in support of an amendment to the Act made by Bill C-97, the Budget Implementation Act, 2019, No. 1 to include new pay transparency requirements. Once proclaimed into force,…

Appellate Court Considers Contractual Rights Upon Termination

The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…

Diversity Disclosure Requirements under CBCA in force January 1, 2020

As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…