Federal Budget 2024 Tabled

On April 16, 2024, the federal government tabled its 2024 Budget, “Fairness for Every Generation” (Budget). While much of the Budget is focused on topics such as housing, strengthening the economy and making the cost of living more affordable, it also includes a number of initiatives that will have implications for employers, pension plan administrators…

Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits

In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…

The Year in Review – 2023 Cases of Note

We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…

Employment Equity Act Task Force Releases Final Report

On December 11, 2023, the federal Employment Equity Act Review Task Force (Task Force) released its final report titled A Transformative Framework to Achieve and Sustain Employment Equity (Final Report). The Final Report included 187 recommendations on improving the federal Employment Equity Act (Act) and its framework. The Process The Act came into force in…

Reminder: Significant Amendments to the Termination Provisions of the Canada Labour Code Are Coming Into Effect on February 1, 2024

Amendments to the Canada Labour Code (Code) which come into effect on February 1, 2024 will require employers to provide individual employees with a graduated notice of termination based on their consecutive years of continuous employment. The amendments will also require employers to provide individual employees with a statement of benefits upon termination. These Code…

Federal Government Publishes Draft Amendments to Pay Equity Regulations

The federal government recently published proposed regulations which would amend the Pay Equity Regulations (Regulations) made under the federal Pay Equity Act (Act). The Act addresses systemic gender discrimination in compensation practices and pay systems as well as the portion of the wage gap attributable to the undervaluation of work traditionally done by women. The…

Federal Government Issues 2023 Fall Economic Statement

On November 21, 2023, the federal government issued its 2023 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that will be of interest to employers, human resource professionals and pension plan administrators. Of particular interest are the following proposals: We are awaiting the release of the legislation giving effect…

WSIB Publishes New Communicable Illnesses Policy

Following public consultations, the Ontario Workplace Safety and Insurance Board (WSIB) has published a new operational policy on communicable illnesses (Policy), which will become effective December 1, 2023. The Policy defines a communicable illness as “an illness resulting from infectious agents such as viruses, bacteria, and fungi.” In order to be entitled to benefits for…

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…

Federal Government Tables Legislation to Ban Replacement Workers

On November 9, 2023, the federal government tabled legislation which would ban the use of replacement workers in federally regulated workplaces to do the work of striking or locked out workers once notice of bargaining has been given. This ban would be subject to certain exceptions. If passed, Bill C-58, An Act to amend the…