Recent amendments to the federal Pay Equity Act (PEA) regulations establish a framework for the imposition of administrative monetary penalties (AMPs) for violations of the PEA. This is a significant development that may result in an employer being penalized if it fails to comply with its obligations, including the requirement to establish a pay equity…
Business Operation: Canada
Update on Federal Pay Equity Plan Posting Extension Requests
As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…
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…
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…
More on the Interplay Between CLC Paid Leaves and Collective Agreement Entitlements
In Teamsters Local Union 987 of Alberta v Purolator Inc., Arbitrator Robertson considered the interplay between the entitlement to five days of paid personal leave found in two collective agreements and the entitlement under the Canada Labour Code (CLC) to 10 days of paid medical leave (CLC Medical Leave) and five days of personal leave,…
Federal Minimum Wage to Increase April 1, 2024
The federal government has announced that, effective April 1, 2024, the federal minimum wage will increase from $16.65 to $17.30 per hour. The increase applies to the federally regulated private sectors, including banks, postal and courier services, telecommunications, and interprovincial air, rail, road and marine transportation. The federal minimum wage is adjusted on an annual…
Reminder: Deadline for Posting Final Federal Pay Equity Plan is Approaching
For those federally regulated employers which became subject to the Pay Equity Act (Act) as of August 31, 2021 (the day the Act came into force), final versions of their pay equity plans and notices of pay increases must be posted no later than September 3, 2024 (the deadline specified by the Pay Equity Unit…
Nouveau projet de loi fédéral sur les préjudices en ligne: répercussions possibles pour les employeurs fédéraux
Le gouvernement fédéral a déposé le projet de loi C-63, la Loi sur les préjudices en ligne (projet de loi 63), le 26 février 2024. Le projet de loi C-63 vise à réduire les préjudices en ligne, en particulier pour les enfants, en ciblant la propagation de contenu haineux sur les médias sociaux. Si la loi…
New Federal Online Harms Bill: Possible Implications for Federal Employers
The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…
Supreme Court of Canada Finds Individuals Have a Privacy Interest in Their IP Addresses
In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…