In this Human Resources Legislative Update, we provide a brief summary of two recent legislative developments–the introduction of Bill 39, Better Municipal Governance Act, 2022, as well as Strong Mayors, Building Homes Act, 2022 regulations–that build on the Ontario government’s stated initiative to extend strong mayor powers and deliver on shared provincial-municipal priorities. Bill 39,…
Business Operation: Ontario
Ontario to Require Filed Pension Funding and Governance Policies
On November 14, 2022, the Ontario government released the 2022 Ontario Economic Outlook and Fiscal Review – Ontario’s Plan to Build: A Progress Update. Included in the plan is, as previously announced in the 2022 Budget, the government’s commitment to consult with stakeholders on proposed regulations necessary for implementing a permanent target benefit framework in…
Ontario Divisional Court Finds Group Living Home Did Not Discriminate Against Disabled Resident by Enforcing a No Visitor Policy During the COVID-19 Outbreak
On September 22, 2022, the Ontario Divisional Court (Court) released Empower Simcoe v. JL, in which the Court set aside decisions of the Human Rights Tribunal of Ontario (Tribunal). The Court held that Empower Simcoe’s COVID-19 visitor policy (Policy), which temporarily limited visits to essential personnel and was later updated to allow outdoor family visits…
Ontario Makes Changes to COVID-19 Requirements in Long-Term Care Homes
Effective October 14, 2022, Ontario has made a number of changes to COVID-19 requirements in long-term care homes (LTC Homes), as set out in the document titled “COVID-19 guidance document for long-term care homes in Ontario.” Active screening for COVID-19 is no longer required when visitors and caregivers are entering a facility (although it remains…
COVID-19 and WSIB Claim Costs
Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase in case trends and percent positivity over the past three weeks. Current projections suggest that weekly case numbers may continue to rise over the coming weeks. Given forecasted increases, here is a…
Ontario Seeking Feedback on Plan to Expand Benefits Coverage
On September 27, 2022, the Ontario government announced that it is seeking public feedback on its plan to expand benefits like health and dental to workers who need coverage, including those in part-time and precarious jobs, in sectors such as retail, hospitality and the gig economy. This call for feedback follows the government’s appointment of…
Reminder: Employers to Have Electronic Monitoring Policies in Place by October 11, 2022
The Ontario government recently passed Bill 88, Working for Workers Act, 2022. Among other things, Bill 88 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to electronic monitoring of employees. (For more information about Bill 88, see our FTR Now of…
Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses
In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…
Ontario Court Approves Settlement in First Volunteer Misclassification Class Action
In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…
Municipalities Take Note: Ontario Introduces Strong Mayors, Building Homes Act, 2022
On August 10, 2022, the Ontario government introduced Bill 3, Strong Mayors, Building Homes Act, 2022 (Bill 3) for first reading. If passed, Bill 3 would amend the City of Toronto Act, 2006 and the Municipal Act, 2001 to provide new powers to the mayor of the City of Toronto and mayors of other “designated…