Human Resources Legislative Update

Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024

The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…

FTR Now

Highlights of the 2024 Federal Budget and Budget Bill

On May 2, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, for first reading. Bill C-69 contains legislation that, if passed, would enact certain measures outlined in the 2024 Budget, “Fairness for Every Generation” (Budget) that was previously tabled on…

Case In Point

Court of Appeal Confirms Employment Contract Frustrated by Failure to Comply with Mandatory Vaccination Requirement

In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge’s decision that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling him to wrongful dismissal damages at common law. The lower court decision was discussed in our Case in Point of March…

Human Resources Legislative Update

Federal Government Consulting on Modernization of Employment Equity Act

The federal government has announced a “Consultation on the Employment Equity Act Modernization” (Consultation) further to the final report (Final Report) tabled by the Employment Equity Act Review Task Force in December 2023. At the time the Final Report was tabled, the Minister of Labour announced the government’s initial commitments to modernize the Employment Equity…

FTR Now

Ontario Introduces Working for Workers Five Act, 2024

On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…

Case In Point

Ontario Court of Appeal Finds Plaintiff Did Not Fail to Mitigate, Upholds $50,000 Aggravated Damages Award for Manner of Dismissal

A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity. It also provides a reminder of the factors a court will examine to determine if an employee is entitled to aggravated damages for the manner of dismissal. Krmpotic v. Thunder…

Human Resources Legislative Update

Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000

On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…

Human Resources Legislative Update

The College of Nurses of Ontario Seeks Feedback on Proposed Amendments to the Educational Requirements for Registered Nurses and Registered Practical Nurses

The College of Nurses of Ontario (CNO) has announced a public consultation on proposed amendments to O. Reg. 275/94 under the Nursing Act, 1991 that would amend the educational requirements for registration as a registered nurse (RN) or registered practical nurse (RPN). These proposed amendments were developed based on feedback received during an initial public…

FTR Now

Important Amendments Made to the Temporary Help Agency and Recruiter Licensing Framework in Ontario

On July 1, 2023, a new licensing regime was introduced under the Employment Standards Act, 2000 for any temporary help agency (THA) or recruiter operating in Ontario. Of significant concern to many recruiters and THAs was the requirement to provide a $25,000 irrevocable line of credit in order to be licensed. While the new regime…

Human Resources Legislative Update

Firefighter and “Super Indexing” Amendments to the Workplace Safety and Insurance Act, 1997 in Force May 1, 2024, and More

On May 1, 2024, the following amendments made to the Workplace Safety and Insurance Act, 1997 (WSIA) by Bill 149, Working for Workers Four Act, 2024, will come into force. Additional Indexing Factor The WSIA currently permits annual adjustments to Workplace Safety and Insurance Board (WSIB) benefits on the basis of an indexing factor, as…