Following recent amendments to the Canada Labour Code, the federal Minister of Employment, Workforce Development and Labour has announced the creation of an expert panel tasked with the study of additional matters relating to the “changing nature of work.” This expert panel is to report back to the Minister by June 30, 2019 on the…
Business Operation: Canada
Supreme Court Privacy Case Affirms the Importance of School Safety
Yesterday, the Supreme Court of Canada held that a teacher committed the crime of voyeurism by surreptitiously recording images of female high school students. In finding that the students had a reasonable expectation of privacy, the Court relied on the trust imposed on teachers and the need for a safe and orderly school environment – a positive for school boards.
Top Five Tips for Investigations in a Unionized Workplace
This Client Toolkit outlines the five top tips for conducting investigations in a unionized workplace.
Amendments to Complaints and Appeals Provisions of the Canada Labour Code to Come into Force on April 1, 2019
The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article…
Significant New Incident Reporting Requirement for Federally Regulated Financial Institutions
The Office of the Superintendent of Financial Institutions (OSFI) has recently issued an advisory of significance to federally regulated financial institutions (FRIFs). Beginning on March 31, 2019, FRFIs will be required to report material technology or cyber incidents to OSFI. An incident is defined as follows: a technology or cyber security incident is defined to…
Federal Court Finds Release Signed upon Termination Not a Bar to Unjust Dismissal Complaint
The Federal Court recently upheld a decision of an adjudicator made under the Canada Labour Code (Code) that an agreement and release signed by an employee whose employment with a bank was terminated did not act as a bar to her unjust dismissal application. The employee had received a lump sum payment and had released…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
Federal Government Proposes Legislative Amendments to Address Salary Overpayments
On January 15, 2019 the federal government announced proposed amendments to the Income Tax Act (ITA), Employment Insurance Act (EI Act) and Canada Pension Plan (CPP) that would more readily facilitate the correction of salary overpayments made to employees.
Workplace Law in Canada
Workplace law in Canada operates in a significantly different way than workplace law in the United States. This short primer sets out the main features of Canadian workplace law to enable American legal counsel to understand the basic differences and ask further questions.
Senate Passes Bill Proposing Changes to Canada Labour Code and Implementation of Federal Pay Equity Scheme
On December 10, 2018, Bill C-86, Budget Implementation Act, 2018, No. 2, passed Third Reading in the Senate without amendment and is now awaiting Royal Assent. As we reported in our Federal Post of November 2, 2018, Bill C-86 will make significant changes to the Canada Labour Code and will introduce a new federal Pay…