On June 19, 2018, the Senate passed Bill C-45, the Cannabis Act (Federal Act), which legalizes the consumption of recreational cannabis across Canada. The federal government has announced October 17, 2018 as the date it comes into force. Learn more about the new legislation and next steps for employers in this FTR Now.
Industry: Financial Services
New Restrictions on Criminal Record Checks to Take Effect on November 1, 2018
The Ontario government has proclaimed November 1, 2018 as the date on which the Police Record Checks Reform Act, 2015 (Act) comes into force. The Act applies to persons who require a search to be conducted of police data bases to screen individuals for, among other things, the purpose of determining suitability for employment. It…
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Federal Cannabis Act Passes Third Reading in Senate
On June 7, 2018, Bill C-45, the Cannabis Act, passed Third Reading in the Senate as amended. Bill C-45 will now return to the House of Commons where the House will decide whether to accept or reject the Senate’s amendments. We will continue to monitor and report on the progress of the Bill.
Pay Equity Compliance: An Update from the Supreme Court of Canada
The Supreme Court of Canada recently rendered two decisions in two separate cases pertaining to Quebec’s Pay Equity Act (Act) that serve as a reminder to all employers of the importance of complying with their governing pay equity legislation. The Act came into force in 1996 to address systemic discrimination against women and to ensure…
The Supreme Court of Canada Limits the Scope of Judicial Review
The Supreme Court of Canada has rendered a significant decision that clarifies whether a court should exercise its judicial review jurisdiction where decisions for which review is sought are private, not public, in character. Learn more in this Raising the Bar.
Setting up Shop in Canada? What U.S. Employers Need to Know About Litigating in Canada
While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
New Smoke-Free Ontario Act, 2017 in Force July 1, 2018: What Employers Should Know
On July 1, 2018, the Smoke-Free Ontario Act, 2017 (SFO Act) and accompanying regulation will come into force. It was enacted as part of the omnibus Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. The SFO Act repeals and replaces the Electronic Cigarettes Act, 2015 and the Smoke-Free Ontario Act (Earlier Acts), consolidating many provisions of those two statutes into one place. It also contains new requirements for employers and others.
Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional
The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.
Election Update: Is Your Employee Entitled to Paid Time Off to Vote?
The Ontario provincial election will be held on June 7, 2018. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours in order to vote. Learn more in this FTR Now.