End of the Bill 148 Era: Ontario Bill to Reverse Employment and Labour Reforms

On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018 (Bill 47), new legislation that if passed in its present form would effectively “undo” many of the key changes to workplace laws implemented by Bill 148. The range of changes to the Employment Standards Act, 2000 (ESA)…

Ontario Introduces Legislation to Reverse Key Bill 148 Employment and Labour Reforms

On October 23, 2018, the Ontario government announced that it will be introducing proposed legislation today to repeal many of the significant employment and labour law reforms enacted by Bill 148 – including provisions with respect to equal pay, paid personal emergency (PEL) days, scheduling, card-based certification for certain industries and eliminating the requirement that employers provide unions with contact information for employees where they demonstrate that they have 20% support. Learn more in this FTR Now.

Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force

On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force. On the same date, the Smoke-Free Ontario Act, 2017 (SFOA) was also proclaimed into force, effective October 17, 2018. Learn more in this FTR Now.

Committee Invites Public Submissions on Proposed Federal Accessibility Legislation – Due October 25, 2018

As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…

Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period

The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…

Reminder: Mandatory Data Breach Notification in Force on November 1, 2018

As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…

Sexual Harassment in the Workplace [Video]

In this #MeToo world, it is important that employers address issues relating to sexual harassment in the workplace in a timely and proactive manner. In this video, Nadine Zacks outlines several best practices for employers, ranging from the development of robust policies to leading by example. She also discusses the importance of providing training to employees and the need to act promptly when responding to allegations of harassment.

Cannabis-Related Regulatory Proposals Published for Comment by October 7, 2018

On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. On the same day, it published proposed cannabis-related amendments to two regulations, for comment by October 7, 2018. Smoke-Free Ontario Act, 2017 Proposed Regulation If Bill 36 passes, the government is considering changes to O. Reg. 268/18 made…