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…

Ontario to Table Legislative Changes Relating to Injured Workers

On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…

Ontario to Introduce Legislation Banning Requirements for Canadian Work Experience in Job Postings

On November 9, 2023, the Ontario government announced its intention to introduce legislation which it states would be aimed at protecting internationally trained workers. If passed, the legislation would ban employers from requiring Canadian work experience as a requirement in job postings and application forms. The government also announced that it will be “proposing changes…

Ontario Announces Proposed Changes to Employment Requirements, Including Disclosure of Salary Ranges in Job Postings

On November 6, 2023, the Ontario government announced it will introduce legislation to require Ontario employers to disclose salary ranges in job postings. The legislation would also require employers to disclose whether they used artificial intelligence during the hiring process. Other proposed changes include: Further, the government announced that it will be conducting consultations on…

Federal Government Publishes Proposed Regulations Amending Certain Canada Labour Code Regulations and Invites Public Input

On October 28, 2023, the federal government issued a notice regarding proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (the Proposed Regulations). The Proposed Regulations would amend the hazardous substances requirements for five occupational health and safety (OHS) regulations under the Canada Labour Code. The Proposed Regulations look to fill gaps in…

Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…

New CRA Administrative Policy Will Affect Payroll Administration for Fully Remote Work Arrangements

In September 2023, the Canada Revenue Agency (CRA) published a new administrative policy that could impact the payroll deductions an employer must make in respect of employees who work fully remotely. The new policy will be effective January 1, 2024 and may require changes to the payroll tables applied to fully remote workers in 2024…

Construction Labour & Employment Relations Conference

Overview The Construction Labour & Employment Relations Conference is uniquely designed to foster relevant and timely discussion driven by the needs of senior executives and professionals representing Canadian building trades unions and construction employers. Through candid debate, panel discussions and expert-led presentations, seasoned practitioners and leading advisors will examine significant legislative developments and emerging labour…

Federal Government Extends Consultation on Accessibility Standard on Employment

Accessibility Standards Canada (ASC) has extended the period for interested stakeholders to provide comments on its draft Accessibility Standard on Employment (Standard). Interested stakeholders now have until October 31, 2023 to provide comments. The Accessible Canada Act (ACA) came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA…