In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…
Business Operation: Ontario
Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent
On December 19, 2024, Ontario’s Working for Workers Six Act, 2024 (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…
Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA
In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…
Ontario Introduces the More Convenient Care Act, 2024
On December 2, 2024, the Ontario government introduced the More Convenient Care Act, 2024 (Bill 231). Of particular significance to health care employers and temporary help agencies is new legislation proposed by Bill 231 that would require greater transparency on the use of third-party staffing providers in the health care industry. If passed, Bill 231…
Ontario Invites Comments on Proposed Changes to Employment Standards Act, 2000 Leave Provisions
On December 3, 2024, Ontario’s government announced that it is seeking feedback on important amendments proposed to the Employment Standards Act, 2000 (ESA) if the Working for Workers Six Act, 2024 (Bill 229) passes. As discussed in our FTR Now of November 28, 2024, Bill 229 would: The government is inviting comments on these proposed…
Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 Receives Royal Assent
On November 25, 2024, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194) received Royal Assent. Bill 194 introduces new legislation, the Enhancing Digital Security and Trust Act, 2024 (EDSTA), aimed at enhancing cyber security within the public sector. It also amends the Freedom of Information and Protection of…
WSIB to Redistribute $2 Billion to Ontario Employers
The Ontario government and the Workplace Safety and Insurance Board (WSIB) have announced that eligible Schedule 1 employers will receive a credit to their WSIB accounts in February 2025. The WSIB has noted that strong financial and operational factors have led to a surplus beyond the WSIB reserve factor, triggering a payout of the surplus…
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…