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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.

Human Resources Legislative Update

Reminder: New Police Record Check Legislation in Force November 1, 2018

As we previously discussed, the Police Record Checks Reform Act, 2015 (Act) comes into force on November 1, 2018. Commencing on that date, police services in Ontario will offer three types of records checks: criminal record checks, criminal record and judicial matters checks and vulnerable sector checks. The types of information that are authorized for…

Human Resources Legislative Update

Committee Invites Public Submissions on Proposed Federal Accessibility Legislation – Due October 25, 2018

As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…

Case In Point

Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period

The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…

Human Resources Legislative Update

Reminder: Mandatory Data Breach Notification in Force on November 1, 2018

As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…

Case In Point

Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty

In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….

Case In Point

HRTO Dismissal of Application for Delay of One Day Upheld by Appellate Court

In a useful decision for employers, the Ontario Divisional Court has confirmed that the one-year timeline for filing an application with the Human Rights Tribunal of Ontario (Tribunal) will be strictly enforced. The decision provides a valuable warning to applicants that the time limits required to bring a complaint are indeed requirements and will only…

FTR Views

Sexual Harassment in the Workplace [Video]

In this #MeToo world, it is important that employers address issues relating to sexual harassment in the workplace in a timely and proactive manner. In this video, Nadine Zacks outlines several best practices for employers, ranging from the development of robust policies to leading by example. She also discusses the importance of providing training to employees and the need to act promptly when responding to allegations of harassment.

Human Resources Legislative Update

Cannabis-Related Regulatory Proposals Published for Comment by October 7, 2018

On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. On the same day, it published proposed cannabis-related amendments to two regulations, for comment by October 7, 2018. Smoke-Free Ontario Act, 2017 Proposed Regulation If Bill 36 passes, the government is considering changes to O. Reg. 268/18 made…