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…
Category: Uncategorized
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)…
Ontario Revokes More COVID-19 Orders
On March 24, 2022, the Ontario government revoked certain Orders made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), effective March 28, 2022. The remaining ROA Orders have been extended to April 27, 2022. This action is further to the province’s current plan to lift all remaining directives, Orders and measures…
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…
CHRT Seeks Feedback on Draft Rules and Forms Regarding Pay Equity
The Canadian Human Rights Tribunal (CHRT) has published and is seeking comments on its Draft Rules Respecting Pay Equity and accompanying draft forms. Comments are due by May 10, 2022. Background On August 31, 2021, the federal government proclaimed in force the Pay Equity Act (Act) and related regulations. The Act applies to federally regulated…
New Record-Keeping Requirements under Amended Canada Labour Code Regulations, and More
On March 16, 2022, the federal government published regulations amending the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities Regulations, and the Administrative Monetary Penalties (Canada Labour Code) Regulations to align them with certain amendments made to Part III of the Canada Labour Code (Code) on September 1, 2019. The Code amendments related…
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 Lifting Remaining COVID-19-Related Measures: What Employers Need to Know
On March 1, 2022, all regions of Ontario entered the Roadmap Exit Step of the province’s Reopening Plan. Since that date, the government has been steadily reducing its COVID-19-related measures in anticipation of a full reopening of the province. As we previously reported, the Chief Medical Officer of Health announced on March 9, 2022 that…