On November 14, 2023, the Ontario government introduced Bill 149, Working for Workers Four Act, 2023. Bill 149, if passed, would amend several statutes, including the Employment Standards Act, 2000 (ESA) and the Workplace Safety and Insurance Act, 1997 (WSIA). This FTR Now reviews some of Bill 149’s key features of particular interest to employers….
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Ontario Updates Regulation Governing Group Terminations
On November 10, 2023, the government of Ontario filed Ontario Regulation 340/23 (Amending Regulation) which amends the Termination and Severance of Employment Regulation (Regulation) made under the Employment Standards Act, 2000 (ESA). The Amending Regulation provides regulatory support for changes to the ESA’s group termination provisions made by Bill 79, Working for Workers Act, 2023 (Bill 79). Under the ESA, employers have an obligation…
“Owners” of Construction Projects Are Employers Under Ontario’s OHSA: More on a Recent Ruling of the Supreme Court of Canada
On November 9, 2023, the Supreme Court of Canada (Supreme Court) issued a split decision in R. v. Greater Sudbury (City). The plurality of the Supreme Court upheld a decision of the Ontario Court of Appeal that an “owner” of a construction project can also be considered an “employer” with obligations to ensure safety on…
Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements
The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…
Federal Government Tables Legislation to Ban Replacement Workers
On November 9, 2023, the federal government tabled legislation which would ban the use of replacement workers in federally regulated workplaces to do the work of striking or locked out workers once notice of bargaining has been given. This ban would be subject to certain exceptions. If passed, Bill C-58, An Act to amend the…
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…