New ESA Regulations Exempt Crown Employees from Hours of Work/Overtime Provisions of ESA; Reduce Penalties for Notices of Contravention

On October 24, 2018, the Ontario government filed two regulations made under the Employment Standards Act, 2000 (ESA). O. Reg. 448/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) to exempt Crown employees from the hours of work/eating periods and overtime provisions of the ESA. Specifically, the exemption applies…

Signs Required to be Posted under the Smoke-Free Ontario Act, 2017 Now Available on Government Website

Further to our FTR Now of October 18, 2018, Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force, the government of Ontario has now posted information regarding the new rules under the Act as well as the signs required to be posted by employers and others…

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.

Jacqueline Luksha Answers “Burning Questions” about the Legalization of Cannabis on the CBC News Network

Hicks Morley’s Jacqueline Luksha was featured on the CBC News Network with Andrew Nichols on October 17, 2018 discussing issues that employers and employees are facing in light of Wednesday’s legalization of cannabis. Questions that Jacqueline responded to in this feature include: Does legalization mean that employees are entitled to consume cannabis in the workplace? What should employers be keeping in…

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.

OMHRA Fall ECHO Newsletter Features Two Articles by Jessica Toldo

The Fall 2018 issue of OMHRA’s ECHO newsletter features two articles co-authored by Hicks Morley lawyer Jessica Toldo.

In the article “Considerations for Municipal Employers When Drafting Termination Clauses in Employment Contracts,” Jessica discusses the importance of municipal employers having a clear and well-crafted termination provision to minimize the risk that a reviewing court will find the clause to be unenforceable, should litigation arise and highlight five key considerations when drafting termination clauses in light of some important developments in the case law.

The second article authored by Jessica, “HRTO Determines Requiring Proof of Eligibility to Work in Canada on a Permanent Basis is Discriminatory,” reviews a recent case where the Human Rights Tribunal of Ontario found that a pre-employment ‘permanence requirement’ was discriminatory on the basis of the applicant’s citizenship.