Human Resources Legislative Update

Federal Government Issues Guidelines on Monetary Penalties Under the Employment Equity Act

On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….

Human Resources Legislative Update

Employment Expenses: Updated Process and T2200 Form

The Canada Revenue Agency (CRA) has published revised guidance on the process for claiming home office expenses for the 2023 taxation year just in time for tax season. The CRA has confirmed that the two temporary methods for claiming deductions for home office expenses—form T2200S, “Declaration of Conditions of Employment for Working at Home Due…

Common Ground? Class Action Updates

Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues

In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…

FTR Now

Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed

On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…

FTR Now

Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional

On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…

Human Resources Legislative Update

Federal Government Launches Employment Equity Tool on Workforce Data

On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…

Human Resources Legislative Update

Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program

For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…

Common Ground? Class Action Updates

Federal Court Approves $817 Million Settlement in Disability Class Action

Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…

Federal Post

Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits

In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…

Human Resources Legislative Update

Ontario Launching New Long-Term Care Home Investigations Unit

The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…