HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With  

In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…

Ontario Tables Pandemic and Emergency Preparedness Bill

On March 29, 2022, the Ontario government introduced A Plan to Stay Open which sets out healthcare initiatives to ensure the healthcare system is better able to respond to a crisis, among other things. On the same day, it tabled Bill 106, Pandemic and Emergency Preparedness Act, 2022 (Bill 106), omnibus legislation which gives effect…

Arbitrator Upholds TDSB Mandatory Vaccination Policy

On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…

New Record-Keeping Requirements under Amended Canada Labour Code Regulations, and More

On March 16, 2022, the federal government published regulations amending the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities Regulations, and the Administrative Monetary Penalties (Canada Labour Code) Regulations to align them with certain amendments made to Part III of the Canada Labour Code (Code) on September 1, 2019. The Code amendments related…

Further Easing of Ontario Public Health Restrictions Coming March 21, 2022

On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…

Reminder to Universities and Colleges: New Requirements for Sexual Violence Policies Coming into Force on March 1, 2022

On March 1, 2022, new requirements will come into force that require universities and colleges to ensure that their sexual violence policies prevent discipline against a student who is found to have violated the institution’s drug and alcohol policies when such a violation is disclosed in the course of good faith efforts to report sexual…

Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements

With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…

Arbitrator Finds Mandatory Vaccination Policy Implemented by Energy Sector Employer to be Reasonable

In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…

Court Finds ESA Prohibition on Non-Compete Agreements Does Not Apply to Agreements Entered into before October 25, 2021

The Ontario Superior Court of Justice has held that the recently enacted provision in the Employment Standards Act, 2000 (ESA) which prohibits non-compete agreements in employment contracts or other agreements does not apply prior to October 25, 2021. By way of background, Ontario’s Working for Workers Act, 2021 (Act) received Royal Assent on December 2,…