On December 3, 2024, Ontario’s government announced that it is seeking feedback on important amendments proposed to the Employment Standards Act, 2000 (ESA) if the Working for Workers Six Act, 2024 (Bill 229) passes. As discussed in our FTR Now of November 28, 2024, Bill 229 would: The government is inviting comments on these proposed…
Category: Uncategorized
Key “In Force” Dates Under Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 Now Proclaimed and Regulations Released
Both the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 received Royal Assent earlier this year, with many of the key provisions to be proclaimed in force at a later date. This has now occurred and accompanying regulations have been enacted to provide additional obligations and, in some cases, clarify…
Ontario Introduces Working for Workers Six Act, 2024
On November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (Bill 229). Bill 229 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Key proposed amendments are addressed below. Employment Standards Act, 2000 If passed,…
Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 Receives Royal Assent
On November 25, 2024, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194) received Royal Assent. Bill 194 introduces new legislation, the Enhancing Digital Security and Trust Act, 2024 (EDSTA), aimed at enhancing cyber security within the public sector. It also amends the Freedom of Information and Protection of…
WSIB to Redistribute $2 Billion to Ontario Employers
The Ontario government and the Workplace Safety and Insurance Board (WSIB) have announced that eligible Schedule 1 employers will receive a credit to their WSIB accounts in February 2025. The WSIB has noted that strong financial and operational factors have led to a surplus beyond the WSIB reserve factor, triggering a payout of the surplus…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
CCES Releases Draft Canadian Safe Sport Program Rules for Feedback
This fifth installment of the Safe Sport series addresses a first draft of the Canadian Safe Sport Program Rules (CSSP) which has been published for consultation and feedback. This is an important document for the future of safe sport in Canada. As the Canadian Centre for Ethics in Sport (CCES) begins its transition to administer…
Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…