On April 9, 2021, the Ontario government announced that it has made two orders under the Emergency Management and Civil Protection Act (EMCPA). The first order relates to the redeployment of certain health care professionals and other workers to hospitals. The second order relates to the transfer of patients to alternative sites. The government states…
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
Ontario Declares Third Emergency, Again Issues a Stay-at-Home Order
On April 7, 2021, the Ontario government declared its third emergency under the Emergency Management and Civil Protection Act and issued its second Stay-at-Home Order under that Act, effective April 8 at 12:01 a.m. Stay-at-Home Order (Order) The Order is similar in wording to the Stay-at-Home Order issued in January 2021, with some minor modifications….
Human Resources Legislative Update
Ontario Places All Regions Into Shutdown
Effective April 3, 2021, all regions in Ontario were placed into the Shutdown Zone of the Rules for Areas in Stage 1. The government announced that it anticipates the shutdown to be in place for at least four weeks. The Shutdown Zone rules were amended on March 26, 2021 (see our recent Human Resources and…
Human Resources Legislative Update
Ministry Consults on Extending Mandatory WSIB Coverage to Personal Support Workers and Developmental Support Workers
The Ministry of Labour, Training and Skills Development (Ministry) is seeking input on whether mandatory coverage under the Workplace Safety and Insurance Act, 1997 should be extended to Personal Support Workers (PSWs) and Developmental Support Workers (DSWs) under the Workplace Safety and Insurance Act, 1997. Specifically, the Ministry has set out the following questions in…
Federal Post
Federal Government Extends COVID-19 Leaves under Canada Labour Code
On March 31, 2021, the federal government published regulations amending the Canada Labour Standards Regulations made under the Canada Labour Code to increase the length of the existing federal COVID-19 leaves. These changes took effect on March 15, 2021. Therefore, employees in federally regulated workplaces continue to be entitled to the following two job-protected unpaid…
FTR Now
Ontario Court of Appeal on Maintenance Obligations for Employers Utilizing the Proxy Method
In a pair of related decisions, the Ontario Court of Appeal ruled in favour of the bargaining agents for the Participating Nursing Homes (PNH) in their dispute regarding maintenance obligations under the Pay Equity Act (Act) when using the proxy method of comparison. In one of the decisions, the majority of a five-member panel of…
Human Resources Legislative Update
Further Amendments to Ontario’s Reopening Rules
On March 26, 2021, the Ontario government announced changes to the Rules for Areas in Stages 1, 2 and 3. Numerous amendments have been made to the Shutdown Zone of the Rules for Areas in Stage 1 (note that no public health units are currently in this Zone). These include, but are not limited to:…
FTR Now
Ontario Tables 2021 Budget
On March 24, 2021, the Ontario government tabled its 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy (Budget), and introduced supporting implementation legislation, Bill 269, Protecting the People of Ontario Act (Budget Measures), 2021. In this FTR Now, we highlight certain aspects of the Budget that are of broad interest to…
Human Resources Legislative Update
Federal Government Consults on Gig Economy and Right to Disconnect
On March 18, 2021, the federal government announced that it has launched a consultation for Canadians to share their views on the following issues in federally regulated workplaces: “gig work” (a.k.a work “where workers enter into short-term contracts to complete specific and often one-off tasks, generally through digital platforms”) a “right to disconnect,” for example,…
Case In Point
Court Finds Workplace Violence and Harassment Dispute Falls Within Exclusive Jurisdiction of Labour Arbitrator
The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…