Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional

On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…

Canada Labour Code COVID-19 Leave to be Extended by 8 Weeks

The federal Labour Program website related to COVID-19 states that the COVID-19 Canada Labour Code leave may be extended an additional 8 weeks (currently at 16 weeks) effective July 10, to align the leave with the recent increase to the maximum number of weeks a worker can receive the Canada Emergency Response Benefit (CERB). This…

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Federal Updates: Extension for Temporary Layoffs, Workplace Harassment and Violence Regime in Force on January 1, 2021

In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…

Federal Government Introduces Changes to the Canada Emergency Wage Subsidy

On June 10, 2020, the federal government introduced Bill C-17, An Act respecting additional COVID-19 measures (Bill C-17). Among other changes, if passed in its current form, Bill C-17 would amend the Income Tax Act to revise the eligibility criteria for the Canada Emergency Wage Subsidy (CEWS).

New Measures for Use of Face Coverings in Transportation Sector

On June 3, 2020, the federal government announced new measures for the use of face coverings in the transportation sector. The backgrounder states that the use of face coverings will now be required for all employees who cannot maintain a distance of two metres from other workers, or from passengers. The new measures apply to…

Addressing the Cyber Risks of Remote Work – Personal Devices and Leakage

Based on all reports, the global pandemic and the resulting move to “work from home” has caused the cyber risk to organizations to elevate. As organizations move beyond the immediacy of the crises and begin to plan for the medium term, it is a good time to revisit cyber security and, in particular, the risks associated with increased reliance on remote work.