Bill 124 Update and Recent Case Law Developments

Dear Friends, We are back with another edition of Reaching Out. As we go to press, Sean Reginio reminds us that the Ontario Court of Appeal is hearing arguments this week in the government’s appeal of the decision that struck down Bill 124 as unconstitutional. Stay tuned for future updates. It is possible this may…

Licensing Framework for Temporary Help Agencies and Recruiters Coming into Force

Bill 27, Working for Workers Act, 2021, amended the Employment Standards Act, 2000 (ESA) to introduce a new licensing regime for temporary help agencies (THAs) and recruiters that operate in Ontario. We reviewed Bill 27 in detail in previous editions of the FTR Now on October 26, 2021 and again on December 1, 2021. The…

Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment

On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…

Federal Government Tables 2023 Budget

On March 28, 2023, the federal government tabled its 2023 budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future.” The Budget covers a wide array of initiatives. While health and dental care, efforts to make life more affordable, and investments in green energy are key areas of focus, the Budget includes several proposals…

Paid Infectious Disease Emergency Leave Ending March 31, 2023

On March 23, 2023, the Ontario government tabled its 2023 Ontario Budget: Building a Strong Ontario. Of significance to employers, the Budget announced that the paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023. By way of background, the Paid IDEL is a form of paid leave available under the Employment…

Ontario to Amend the Employment Standards Act, 2000 and Other Legislation

On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…

Ontario Tables Bill to Create Integrated Community Health Services Centres, and More

On February 21, 2023, the Ontario government tabled Bill 60, Your Health Act, 2023 for First Reading. The government states that the objective of the Bill is to reduce wait times for surgeries, procedures and diagnostic imaging ‘while enabling its new “As of Right” rules to automatically recognize the credentials of health care workers registered in other provinces and territories.’ If passed, Bill 60 would enact the Integrated Community Health Services Centres Act, 2023 (Proposed Act) which would create integrated community health services centres, among other things.

Ontario Proposes Amendments to Long-Term Care Sector Regulations

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…