Supreme Court of Canada Finds “Owners” of Construction Projects Are Employers under Ontario’s OHSA

On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…

Ontario to Table Legislative Changes Relating to Injured Workers

On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…

Ontario Government Expands Role of Registered Nurses

Incoming changes to the Nursing Act (Act) will soon permit registered nurses (RNs) to prescribe certain drugs to their patients. On November 6, 2023, the Ontario government filed Ontario Regulation 336/23 (Regulation), amending the general regulation (O. Reg. 275/94) made under the Act. The Regulation supports the incoming changes to the Act and sets out,…

Federal Government Publishes Proposed Regulations Amending Certain Canada Labour Code Regulations and Invites Public Input

On October 28, 2023, the federal government issued a notice regarding proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (the Proposed Regulations). The Proposed Regulations would amend the hazardous substances requirements for five occupational health and safety (OHS) regulations under the Canada Labour Code. The Proposed Regulations look to fill gaps in…

Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…

New CRA Administrative Policy Will Affect Payroll Administration for Fully Remote Work Arrangements

In September 2023, the Canada Revenue Agency (CRA) published a new administrative policy that could impact the payroll deductions an employer must make in respect of employees who work fully remotely. The new policy will be effective January 1, 2024 and may require changes to the payroll tables applied to fully remote workers in 2024…

OSFI Releases Details on New Supervisory Framework

The Office of the Superintendent of Financial Institutions (OSFI) has released information on the renewal of its supervisory framework (Framework) for federally regulated financial institutions and pension plans. The new Framework is part of OSFI’s blueprint for transformation and is the first complete review of the Framework in almost 25 years. Purpose The Framework guides…

Ontario Bill 135, Convenient Care at Home Act, 2023 Consultation Released

The Ontario government has released a proposal for commentary on Bill 135, Convenient Care at Home Act, 2023 (Bill 135). Bill 135 would amend the Connecting Care Act, 2019 to establish Ontario Health atHome, an amalgamation of Ontario’s 14 Local Health Integration Networks (LHINs) into a single organization. Proposed Changes Based on the proposed changes…

Federal Government Extends Consultation on Accessibility Standard on Employment

Accessibility Standards Canada (ASC) has extended the period for interested stakeholders to provide comments on its draft Accessibility Standard on Employment (Standard). Interested stakeholders now have until October 31, 2023 to provide comments. The Accessible Canada Act (ACA) came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA…

Consultation Regarding the Director of Education Performance Appraisal

The Ministry of Education has announced that a new regulation may be proposed which would set out the requirements and process for monitoring and evaluating the performance of directors of education. The Ministry of Education has begun a consultation seeking input from stakeholders on this initiative. The details of the consultation are discussed below. Background…