On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received Royal Assent. Bill 149 amends several statutes including the Employment Standards Act, 2000 (ESA), Workplace Safety and Insurance Act, 1997 (WSIA), Digital Platform Workers’ Rights Act, 2022 (DPWRA), and Fair Access to Regulated Professions and Compulsory Trades Act, 2006…
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Divisional Court Confirms Concurrent Jurisdiction Model Applies to Human Rights Disputes in Unionized Workplaces
The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace. As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…
Court Certifies Class Action Relating to Improper Access of Medical Files
In Welshman v. Central Regional Health Authority, the Supreme Court of Newfoundland and Labrador (Court) certified a class action in which the plaintiffs alleged that employees of the defendant, the Central Regional Health Authority, improperly accessed the private personal and medical information of 260 individuals outside of the scope of their employment. The Court’s decision…
Reminder: Deadline for Posting Final Federal Pay Equity Plan is Approaching
For those federally regulated employers which became subject to the Pay Equity Act (Act) as of August 31, 2021 (the day the Act came into force), final versions of their pay equity plans and notices of pay increases must be posted no later than September 3, 2024 (the deadline specified by the Pay Equity Unit…
Key Legal Issues on “Safe Sport” in Canada: Latest Developments on Policy and the Law
Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…
Nouveau projet de loi fédéral sur les préjudices en ligne: répercussions possibles pour les employeurs fédéraux
Le gouvernement fédéral a déposé le projet de loi C-63, la Loi sur les préjudices en ligne (projet de loi 63), le 26 février 2024. Le projet de loi C-63 vise à réduire les préjudices en ligne, en particulier pour les enfants, en ciblant la propagation de contenu haineux sur les médias sociaux. Si la loi…
New Federal Online Harms Bill: Possible Implications for Federal Employers
The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…
Supreme Court of Canada Finds Individuals Have a Privacy Interest in Their IP Addresses
In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…
WSIB Revises Mental Stress Policies to Clarify Role of Witnesses
The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…
WSIB Amends Its Appeals Practices and Procedures
Following a recent stakeholder consultation, in February 2024 the Workplace Safety and Insurance Board (WSIB) published changes to its Appeals Practices and Procedures. The WSIB reports these changes will improve its “efficiency in providing timely, quality decisions and excellent customer service.” Some key changes include: