In Stonechild v. Canada, Justice Phelan of the Federal Court recently certified a class proceeding brought on behalf of off-reserve Indigenous children and their families. Under the Federal Court system, this avoids the necessity or prospect of up to thirteen separate provincial and territorial class actions. The claim seeks to hold the government of Canada…
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Federal Government Suspends COVID-19 Vaccination Requirements for Certain Travel, and Federal Sector Employees
On June 14, 2022, the federal government announced that as of June 20, 2022, it will suspend vaccination requirements for domestic and outbound travel, federally regulated transportation sectors and federal government employees. (For details about the federal government’s vaccine mandate which was originally introduced in October 2021, see our FTR Now of October 7, 2021,…
Federal Government Consultation Underway on Proposed Pay Equity Act Regulations
On May 16, 2022, Employment and Social Development Canada (ESDC) published an invitation to provide feedback with respect to the development of regulations under the federal Pay Equity Act, which came into force on August 31, 2021. This Act establishes a proactive pay equity regime that applies to employers with 10 or more employees in…
OSFI Introduces New Filing Procedure for Certain Applications Submitted by Pension Plan Administrators
On May 2, 2022, the Office of the Superintendent of Financial Institutions (OSFI) issued a notice regarding new instruction guides that will be of interest to administrators of pension plans registered under the Pension Benefits Standards Act, 1985. As the notice explains, administrators filing certain applications requiring the Superintendent’s approval will now need to do…
Updated Guidelines for Employers Subject to the Employment Equity Act
The federal government has updated the following interpretations, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP), under the Employment Equity Act (Act). “Communication, Consultation, Collaboration” (IPG 115 ) provides that employers must inform their employees about the purpose of, measures undertaken or planned to implement, and progress made in…
CHRT Seeks Feedback on Draft Rules and Forms Regarding Pay Equity
The Canadian Human Rights Tribunal (CHRT) has published and is seeking comments on its Draft Rules Respecting Pay Equity and accompanying draft forms. Comments are due by May 10, 2022. Background On August 31, 2021, the federal government proclaimed in force the Pay Equity Act (Act) and related regulations. The Act applies to federally regulated…
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…
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.
Federal Bill C-3 Passes, Includes Amended Medical Leave Provisions
We reported on Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code when it was tabled in late November: Federal Government Tables Bill to Provide 10 Days Paid Sick Leave and to Protect Healthcare Workers From Intimidation. Bill C-3 has now passed, with amendments made at Committee to the Canada…
Federal Government Tables Bill to Provide 10 Days Paid Sick Leave and to Protect Healthcare Workers From Intimidation
On November 26, 2021, the federal government tabled Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. Amendments to the Canada Labour Code If passed, Bill C-3 would amend the Canada Labour Code (Code) to provide employees in federally regulated industries with up to 10 days of paid medical leave….