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…
Industry: Energy & Utilities
Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements
The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…
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…
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…
Advantage CPD: Strategic Considerations for Employers: Understanding the Nuances Between Independent and Dependent Contractors and Employees
The classification of workers can have significant implications for employers, from compensation to risk management. This seminar will assist employers in navigating the strategic considerations that factor into organizing the workplace in a manner that best achieves their goals.
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…
A Practical Guide to Recognizing and Addressing Discrimination in the Workplace
This session focuses on recognizing, addressing and responding to discrimination in the workplace. Discrimination in the workplace is multi-faceted (including direct, indirect, and systemic discrimination, unconscious bias, microaggressions, retaliations and reprisals, conduct by exclusion and abuse of authority). Without proper identification, discrimination cannot be appropriately addressed and combatted. This session will provide attendees with the tools necessary to identify the various types of discrimination at play in the workplace, and will provide legal and practical takeaways and best practices for responding proactively and reactively.