The federal government has published two new employment equity interpretation, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act. IPG 106 “Definitions and interpretations for reporting salary” provides that salary, bonus pay and overtime pay must be included as salary for employment equity reporting purposes….
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Federal Government Phasing Out COVID-19 Support Measures
On October 21, 2021, the federal government announced that two key pandemic programs, the Canada Recovery Benefit (CRB) and the Canada Emergency Wage Subsidy (CEWS), would not be extended past October 23, 2021. It has proposed extending the Canada Recovery Hiring Program (CRHP)—with narrowed criteria—to May 7, 2022. It also plans to introduce two new programs—The Tourism and Hospitality Recovery Program and the Hardest-Hit Business Recovery Program—that would provide rent and wage subsidies, as well as lockdown support for a targeted set of businesses and organizations, until May 7, 2022, with the possibility of extension until July 2, 2022. The details of the two programs are set out in the Backgrounder, “Targeting COVID-19 Support Measures.”
Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies
On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…
Federal Ministry of Labour Launches Task Force to Review Employment Equity Act
On July 14, 2021, the federal Minister of Labour announced that it has launched a Task Force with the purpose of “making concrete, independent and evidence-based recommendations to the Minister of Labour on how to modernize” the Employment Equity Act (Act). The Task Force is looking into issues surrounding employment equity and inclusion in federally…
New Rules of Procedure for the Canadian Human Rights Tribunal
On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…
Federal Budget 2021 Tabled
On April 19, 2021, the federal government tabled its Budget 2021, “A Recovery Plan for Jobs, Growth and Resilience”. We are currently reviewing the Budget and an FTR Now detailing initiatives of interest to employers, human resources professionals and pension plan administrators will be available in the coming days.
Federal Government Consults on Gig Economy and Right to Disconnect
On March 18, 2021, the federal government announced that it has launched a consultation for Canadians to share their views on the following issues in federally regulated workplaces: “gig work” (a.k.a work “where workers enter into short-term contracts to complete specific and often one-off tasks, generally through digital platforms”) a “right to disconnect,” for example,…
Supreme Court of Canada Denies Leave to Appeal in Case Where Termination Clause in Employment Contract Found to be Unenforceable
On March 18, 2021, the Supreme Court of Canada dismissed an application for leave to appeal from a decision of the New Brunswick Court of Appeal, Abrams v. RTO Asset Management. In that case, the New Brunswick Court of Appeal (Court) held an employer could not assert that dismissal was for cause where the employer’s…
Supreme Court of Canada Clarifies Principle of Good Faith in Contracts
On February 5, 2021, the Supreme Court of Canada released its decision Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, in which it commented on and clarified the principle of good faith in contracts, a principle previously recognized by the Court in Bhasin v. Hrynew. Background The case involved a contract between…
Federal Government Announces Temporary Waiver of EI Waiting Period
On January 29, 2021, the federal government announced that it will be amending the Employment Insurance (EI) regulations to temporarily waive the one-week waiting period for EI claimants who establish a new claim between January 31, 2021 and September 25, 2021. This change is in response to the ongoing restrictions on businesses arising out of…