Human Resources Legislative Update

Canada Labour Code COVID-19 Leave to be Extended by 8 Weeks

The federal Labour Program website related to COVID-19 states that the COVID-19 Canada Labour Code leave may be extended an additional 8 weeks (currently at 16 weeks) effective July 10, to align the leave with the recent increase to the maximum number of weeks a worker can receive the Canada Emergency Response Benefit (CERB). This…

FTR Now

Ontario Extends Declared Emergency to July 24, 2020

Further to our FTR Now of July 15, 2020 in which we outlined the changes proposed by Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2000, it has come to our attention that by motion in the Legislature on July 13, 2020, the Ontario government extended the declared emergency under the Emergency Management and Civil Protection Act (EMCPA) to July 24, 2020.

FTR Now

Ontario Introduces Bill to Continue Emergency Orders After the Declared Emergency Ends

Premier Ford recently signaled that he is hopeful another extension of the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) will not be needed. Presumably to this end, on July 7, 2020, the government introduced Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2000 (Bill 195) which, if passed, will enable it to continue Orders made under sections 7.0.2 or 7.1 of the EMCPA even after the declared emergency comes to an end.

Case In Point

The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity

In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…

FTR Now

Ontario Issues Orders Relating to Stage 3 Reopening: What You Need to Know

On July 13, 2020, the Ontario government filed two Orders made under the Emergency Management and Civil Protection Act regarding Stage 3 of the reopening of the province. The first Order, Stages of Reopening, is a new regulation that identifies which regions of the province are at Stage 1, 2 or 3 of the reopening plan.

FTR Now

Ontario Announces Stage 3 Reopening for Certain Regions

On Monday, July 13, the Ontario government announced that 24 regions in Ontario are moving to the Stage 3 of the provincial re-opening plans effective Friday, July 17, 2020. The Orders made under the Emergency Management and Civil Protection Act giving effect to this announcement have not yet been published and we will provide further updates on the Stage 3 reopening as may be necessary. In order that you may continue your Return to Work planning, however, here is what we know as of today.

FTR Now

OMERS Announces Significant Plan Amendments, Including Amendments to Support Members Affected by COVID-19

Participating employers in the Ontario Municipal Employees Retirement System (OMERS) should be aware of five amendments to the OMERS Primary Pension Plan (Primary Plan) approved by the OMERS Sponsors Corporation Board (SC Board) on June 24, 2020. The changes will be of interest to employers in the municipal and school board sectors with employees who participate in OMERS and include several amendments to address COVID-19-related issues. In addition, two non-COVID-19-related amendments were adopted, including a major change to eligibility for non-full-time employees.

Case In Point

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.