Effective June 30, 2021, all public health units in Ontario will be permitted to move to Step 2 of the province’s Roadmap to Reopen. Once this occurs, all public health units in the province will be subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O….
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New Rules of Procedure for the Canadian Human Rights Tribunal
On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…
Ontario Announces Consultation on Modernizing Privacy
On June 18, 2021, the Ontario government released a White Paper titled “Modernizing Privacy in Ontario” and announced a public consultation on the issues raised in the Paper. Headed by the Ministry of Government and Consumer Services, the government is looking to revamp its legislative privacy framework and provide privacy protection beyond current provincial and…
Amendments Made to the Exemptions under the Police Record Checks Reform Act, 2015
On June 17, 2021, the Ontario government filed O. Reg. 477/21 which amends O. Reg. 347/18 “Exemptions” (Regulation) made under the Police Record Checks Reform Act, 2015 (Act). The amendments are of particular interest to police services and employers who use police record checks to assist in determining suitability for employment. Police services will be…
Court Rules that Calculation of Severance Under ESA is not Limited to Ontario Payroll
In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…
Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer
In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
Federal Government Designates September 30 as Public Holiday for National Day for Truth and Reconciliation
On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. It officially designates September 30 of each year as National Day for Truth and Reconciliation. This marks a new public holiday under the Canada Labour Code (Code).
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…
Ontario to Enter Step 1 of Reopening on June 11, 2021
The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
Amendments Made to Notice and Reporting Requirements under OHSA
On June 7, 2021, the Ontario government filed amendments to a number of regulations made under the Occupational Health and Safety Act (OHSA). Most of the amendments relate to the reporting of workplace accidents, which consolidate the notice of death or critical injury reporting requirements found in several regulations under the OHSA into one regulation—Ontario…