On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…
Industry: Financial Services
Ontario Declares Emergency, Issues Stay-at-Home Order
On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…
Ontario Declares Second Provincial Emergency
On January 12, 2021, the Ontario government declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMPCA) to address the concerning rise in COVID-19 cases, and also announced it is issuing a stay at home order. The government’s announcement outlined the changes that it will be implementing, which are summarized in…
Certain Industries to be Exempted from New Hours of Work and Notice of Schedule Requirements under Canada Labour Code
The federal government recently published proposed regulations Exemptions from and Modifications to Hours of Work Provisions Regulations (Proposed Regulations) made under the Canada Labour Code (Code). The Proposed Regulations would exempt certain sectors from the Code provisions requiring employers to provide 96 hours’ notice of work schedule, 8 hours’ notice of shift change, 30-minute breaks…
Toronto Employers Take Note: Additional COVID-19 Measures Issued by Toronto Medical Officer of Health Including Reporting Obligations
Employers and persons responsible for businesses or organizations which are located in the City of Toronto and are permitted to be open during the current lockdown in Ontario are now subject to additional requirements in light of the increase in COVID-19 cases in the City. The provincial lockdown restrictions are set out in the Rules…
Ontario Announces Provincewide Shutdown
On December 21, 2020, the Ontario government announced a provincewide shutdown, effective Saturday December 26, 2020. As of that date, all parts of the province will be moved into the Grey Zone and will be subject to modified Rules for Areas in Stage 1 (Stage 1 Rules). Because different areas of the province are under…
Beyond COVID-19: 2020 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2020 as the “year of the pandemic.” But … there were also legal developments in 2020 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest. We also identify some decisions and…
Temporary Relief from ESA Termination and Severance Pay Obligations for Hospitality and Related Industries
On December 17, 2020, the Ontario government filed a new regulation under the Employment Standards Act, 2000 (ESA), Ontario Regulation 764/20: Terms And Conditions Of Employment In Defined Industries – Hospitality, Tourism And Convention And Trade Show Industries (Regulation). As stated by the government, the Regulation provides certain employers with an alternative to putting termination…
Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective December 17, 2020, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until July 3, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire January 2, 2021. The…
Fall Economic Statement Announces Proposals Related to Employee Stock Options and Home Office Expense Deductions
On November 30, 2020, the Department of Finance released Supporting Canadians and Fighting COVID-19: Fall Economic Statement 2020 (Fall Economic Statement). In this FTR Now, we focus on two key proposals contained in the Fall Economic Statement that will be of interest to employers and human resources professionals: (i) proposed amendments to the employee stock…