Federal Government Consultation on Draft Accessibility Standards

Accessibility Standards Canada (ASC) has published a draft Accessibility Standard on Emergency Measures (Draft Standard) as part of its mandate under the Accessible Canada Act (ACA). Background The ACA came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA came into force on December 13, 2021. The ACA…

Federal Government Publishes Draft Amendments to Pay Equity Regulations

The federal government recently published proposed regulations which would amend the Pay Equity Regulations (Regulations) made under the federal Pay Equity Act (Act). The Act addresses systemic gender discrimination in compensation practices and pay systems as well as the portion of the wage gap attributable to the undervaluation of work traditionally done by women. The…

Federal Government to Extend Temporary Measures under the Temporary Foreign Worker Program

On March 27, 2023, the federal government announced the extension of temporary measures introduced during the COVID-19 pandemic under the Temporary Foreign Worker (TFW) Program. As stated in the announcement, the extended measures include: The government also announced that the TFW Program will begin transitioning to the LMIA Online Portal as the primary method to…

Update on Medical and Personal Leaves under the Canada Labour Code, Upcoming Deadlines under the Accessible Canada Act, and More

In this Federal Post, we discuss the practical challenges confronting federal employers when implementing the new medical and personal leaves under the Canada Labour Code. We also look at upcoming compliance deadlines under the Accessible Canada Act regulations and the federal Pay Equity Act.

Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy

In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…

Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes

In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…

Supreme Court of Canada Denies Leave to Appeal in Public Sector Wage Restraint Legislation Case

On October 27, 2022, the Supreme Court of Canada dismissed an application for leave to appeal Manitoba Federation of Labour et al v The Government of Manitoba. In that case, the Manitoba Court of Appeal (Court) upheld the constitutionality of the province’s public sector wage restraint legislation. The Court based its decision on the case…

Proposed Regulation Requiring Federally Regulated Employers to Provide Menstrual Products Published for Comment

On October 15, 2022, the federal government published a proposed Regulation Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products). The proposed Regulation would amend the sanitation provisions in the Occupational Health and Safety Regulations (OHS Regulations) made under Part II (Occupational Health and Safety) of the Canada Labour Code. The proposed Regulation…

Federal Government Launches Consultations to Improve the Collective Bargaining Process

On October 19, 2022, the federal government announced that it is seeking public feedback regarding its plan to improve the collective bargaining process. The government states that the consultation was launched in response to its commitment to introduce legislation by the end of 2023 to prohibit the use of replacement workers during a strike or…

Federal Government Publishes Proposed Canada Labour Code Regulations Regarding Reimbursement of Work-Related Expenses, and More

On October 1, 2022, the federal government published two proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Regulations) amending the Canada Labour Standards Regulations. The Regulations pertain to the reimbursement of work-related expenses and employee information and the service of documents and regular rate of wages. The proposed Regulations have been published…