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…
Industry: Social Services
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.
Update on Personal Emergency Leave in the Municipal Sector
The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.
Ontario Implements Anti-Racism Act Regulations
On April 20, 2018, the Ontario government filed regulations under the Anti-Racism Act, 2017 (ARA) setting out personal information that certain public sector organizations (PSOs) will be authorized or required to collect under the ARA for the purpose of eliminating systematic racism.
Ontario Budget Bill Passes
On May 8, 2018, Bill 31, the Plan for Care and Opportunity Act (Budget Measures), 2018, passed Third Reading and received Royal Assent. As previously reported, Bill 31 is omnibus legislation implementing some of the key initiatives outlined in the government’s 2018 Budget. Bill 31 makes the following pension-related changes: Increases Pension Benefits Guarantee Fund…
Ontario Government Reinstates Prior Public Holiday Pay Formula Effective July 1, 2018
Late on May 7, 2018, the Ontario government announced that it is reinstating the prior public holiday pay formula that pre-dated Bill 148. Ontario Regulation 375/18 was filed on the same day and the reinstatement of the prior formula comes into force on July 1, 2018. The regulation will remain in force until December 31, 2019…