On November 10, 2023, the government of Ontario filed Ontario Regulation 340/23 (Amending Regulation) which amends the Termination and Severance of Employment Regulation (Regulation) made under the Employment Standards Act, 2000 (ESA). The Amending Regulation provides regulatory support for changes to the ESA’s group termination provisions made by Bill 79, Working for Workers Act, 2023 (Bill 79). Under the ESA, employers have an obligation…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
FTR Now
“Owners” of Construction Projects Are Employers Under Ontario’s OHSA: More on a Recent Ruling of the Supreme Court of Canada
On November 9, 2023, the Supreme Court of Canada (Supreme Court) issued a split decision in R. v. Greater Sudbury (City). The plurality of the Supreme Court upheld a decision of the Ontario Court of Appeal that an “owner” of a construction project can also be considered an “employer” with obligations to ensure safety on…
Case In Point
Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements
The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…
Federal Post
Federal Government Tables Legislation to Ban Replacement Workers
On November 9, 2023, the federal government tabled legislation which would ban the use of replacement workers in federally regulated workplaces to do the work of striking or locked out workers once notice of bargaining has been given. This ban would be subject to certain exceptions. If passed, Bill C-58, An Act to amend the…
FTR Now
Supreme Court of Canada Finds “Owners” of Construction Projects Are Employers under Ontario’s OHSA
On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…
Human Resources Legislative Update
Ontario to Table Legislative Changes Relating to Injured Workers
On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…
Human Resources Legislative Update
Ontario to Introduce Legislation Banning Requirements for Canadian Work Experience in Job Postings
On November 9, 2023, the Ontario government announced its intention to introduce legislation which it states would be aimed at protecting internationally trained workers. If passed, the legislation would ban employers from requiring Canadian work experience as a requirement in job postings and application forms. The government also announced that it will be “proposing changes…
HR HealthCheck
Ontario Government Expands Role of Registered Nurses
Incoming changes to the Nursing Act (Act) will soon permit registered nurses (RNs) to prescribe certain drugs to their patients. On November 6, 2023, the Ontario government filed Ontario Regulation 336/23 (Regulation), amending the general regulation (O. Reg. 275/94) made under the Act. The Regulation supports the incoming changes to the Act and sets out,…
Human Resources Legislative Update
Ontario Announces Proposed Changes to Employment Requirements, Including Disclosure of Salary Ranges in Job Postings
On November 6, 2023, the Ontario government announced it will introduce legislation to require Ontario employers to disclose salary ranges in job postings. The legislation would also require employers to disclose whether they used artificial intelligence during the hiring process. Other proposed changes include: Further, the government announced that it will be conducting consultations on…
Human Resources Legislative Update
Ontario Government Announces 2024 WSIB Premium Rate
On October 31, 2023, the Ontario government announced the average premium rate businesses pay to the Workplace Safety and Insurance Board (WSIB) will remain at $1.30 per $100 of insurable payroll for 2024. The WSIB provides wage-loss benefits and medical coverage to Ontario employees and is completely funded by employer premiums. Premium rates for employers…