On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.
Author: Hicks Morley
Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code
Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…
Federal Accessibility Legislation Tabled
On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada (Bill), accessibility legislation which will apply to certain federally regulated employers. In its preamble, the Bill states that barriers to accessibility can prevent full and equal participation in society by Canadians with disabilities. If passed and among other things,…
2018 Federal Budget Bill Passes
On June 21, 2018, Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent. Bill C-74 is omnibus legislation enacting some of the measures outlined in the 2018 Federal Budget. Among other things, it includes amendments to the following: Employment Insurance Act, to permanently implement the Working While on Claim pilot project; Canada…
Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge
The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…
Cannabis Act Regulations Now Available
The federal government has finalized the regulations in support of the Cannabis Act. They include: Cannabis Regulations Industrial Hemp Regulations Qualifications for Designation as Analyst Regulations (Cannabis) Regulations Amending and Repealing Certain Regulations Made under the Controlled Drugs and Substances Act Cannabis Act (Police Enforcement) Regulations The Cannabis Act comes into force on October 17,…
Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language
The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…
Must Exercise Termination Rights Under Independent Contractor Agreement in Good Faith, Appeal Court Rules
In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…
WSIB Rate Framework Policies Finalized
The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…