As we welcome the holidays, we thought it would be a perfect time to share our latest edition of Raising the Bar. We hope you enjoy it and have some well-deserved time off over the holiday break. In this issue, we review i) the threshold Ontario courts expect employers to meet in justifying terminations for…
Industry: Construction
Reminder of Upcoming Accessibility Compliance Report Deadline
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. The Accessibility Compliance Report is a…
Highlights From the Federal Government’s 2023 Fall Economic Statement and Corresponding Bill
On November 30, 2023, the federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59). Bill C-59 follows the tabling of a Notice of Ways and Means Motion, and would give effect to various initiatives set out in the 2023 Fall Economic Statement (Statement). In this FTR Now, we highlight proposals contained…
Advantage CPD: R. v. Greater Sudbury (City) – Where Do Construction Companies Go From Here?
On November 9, 2023, the Supreme Court of Canada issued the long-awaited decision in R. v. Greater Sudbury (City). The outcome of the decision is that site owners will be considered to be “employers” with respect to health and safety obligations on construction projects. As a result, construction companies need to ensure they are adequately protected when entering into contracts for future projects.
Ensuring a Safe Holiday Party
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. While the past few years have looked quite different due to the COVID-19 pandemic, many employers are back to embracing in-person workplace celebrations. No matter the size or type of workplace, all employers…
WSIB Publishes New Communicable Illnesses Policy
Following public consultations, the Ontario Workplace Safety and Insurance Board (WSIB) has published a new operational policy on communicable illnesses (Policy), which will become effective December 1, 2023. The Policy defines a communicable illness as “an illness resulting from infectious agents such as viruses, bacteria, and fungi.” In order to be entitled to benefits for…
Ontario Introduces Working for Workers Four Act, 2023
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….
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…
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…