In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…
Business Operation: Ontario
Ontario Tables Pandemic and Emergency Preparedness Bill
On March 29, 2022, the Ontario government introduced A Plan to Stay Open which sets out healthcare initiatives to ensure the healthcare system is better able to respond to a crisis, among other things. On the same day, it tabled Bill 106, Pandemic and Emergency Preparedness Act, 2022 (Bill 106), omnibus legislation which gives effect…
Arbitrator Upholds TDSB Mandatory Vaccination Policy
On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…
Bill 88 Referred to Committee with Public Hearings to be Held on March 28 and 29: Note Quick Deadline for Request to Make Submissions
On March 23, 2022, Bill 88, Working for Workers Act, 2022, was carried on division at Second Reading and referred to the Standing Committee on Social Policy. The Committee will be holding public hearings on the Bill in Toronto on Monday, March 28 and Tuesday, March 29, 2022. For those parties who wish to be…
Further Easing of Ontario Public Health Restrictions Coming March 21, 2022
On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…
Appellate Court Confirms 26 Month Reasonable Notice Period in Case with Exceptional Circumstances
On March 14, 2022, in Currie v. Nylene Canada Inc., the Ontario Court of Appeal upheld the decision of a trial judge to award a 26-month reasonable notice period to an employee following her without cause dismissal by the employer. The employer had appealed the trial judge decision to the Ontario Court of Appeal on…
Ontario to Introduce Legislation Requiring Employers to Disclose Information Regarding Electronic Monitoring of Employees
On February 24, 2022, the Ontario government announced its plan to introduce legislation later this month that would require employers to inform their workers if and how they are being monitored electronically. If passed, Ontario will be the first province to require electronic monitoring policies. As the government states, the intention of this legislation is…
Reminder to Universities and Colleges: New Requirements for Sexual Violence Policies Coming into Force on March 1, 2022
On March 1, 2022, new requirements will come into force that require universities and colleges to ensure that their sexual violence policies prevent discipline against a student who is found to have violated the institution’s drug and alcohol policies when such a violation is disclosed in the course of good faith efforts to report sexual…
Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements
With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…
Arbitrator Finds Mandatory Vaccination Policy Implemented by Energy Sector Employer to be Reasonable
In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…