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…

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…

Federal Post

Federal Government Publishes Proposed Regulations Amending Certain Canada Labour Code Regulations and Invites Public Input

On October 28, 2023, the federal government issued a notice regarding proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (the Proposed Regulations). The Proposed Regulations would amend the hazardous substances requirements for five occupational health and safety (OHS) regulations under the Canada Labour Code. The Proposed Regulations look to fill gaps in…

FTR Now

Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent

On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…