On March 23, 2023, the Ontario government tabled its 2023 Ontario Budget: Building a Strong Ontario. Of significance to employers, the Budget announced that the paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023. By way of background, the Paid IDEL is a form of paid leave available under the Employment…
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Federal Minimum Wage to Increase on April 1, 2023
On March 21, 2023, the federal government announced that the federal minimum wage will increase from $15.55 to $16.65 per hour on April 1, 2023. The increase applies to the federally regulated private sectors, including banks, postal and courier services, telecommunications, and interprovincial air, rail, road and marine transportation. Federally regulated private sector employers are…
Ontario to Amend the Employment Standards Act, 2000 and Other Legislation
On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…
Court Considers Appropriate Pleadings in Class Action Context
In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…
Ontario Proposes New Requirements on Construction Sites
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. If approved and filed, the proposed regulatory changes would require construction employers to provide safe, private, and clean restroom facilities, including a minimum of one designated washroom for women on every jobsite. The total number of restrooms required across most…
Federal Government Increases Minimum Age for Workers to 18
On March 9, 2023 the federal government proclaimed into force amendments to the Canada Labour Code (CLC) that increase the general minimum age for employment from 17 to 18 (subject to certain exceptions). The change comes into effect as of June 12, 2023. The amendments were enacted by the Budget Implementation Act, 2018, No. 2….
Ontario Proposes ESA Changes for Remote Workers and New Hires
On March 13, 2023 the Ontario government announced proposed updates to employment laws related to remote workers in the province. If passed, the proposed changes would broaden the definition of “establishment” in the Employment Standards Act, 2000 (ESA) to include employees’ remote home offices. As a result, employees who work solely from home would be…
Court Finds Employee’s Contract Frustrated for Failing to Comply with Mandatory Vaccination Requirements
In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…
Ontario Expanding Presumptive Cancer Coverage for Firefighters to include Thyroid and Pancreatic Cancers
The Ontario government has announced it will be introducing regulatory amendments to expand the presumptive cancer coverage for firefighters to include thyroid and pancreatic cancers. This expanded coverage will be retroactive to January 1, 1960 and will be applicable to full-time, volunteer and part-time firefighters, firefighters employed by First Nations band councils, and fire investigators….
Ontario Court Approves Settlement Amount in Employee Misclassification Class Action
In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…