The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.
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.
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New Year – New Standard of Review
Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.
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Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights
Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Human Resources Legislative Update
Federal Government Postpones Changes to Stock Options
In June 2019, the federal government tabled a Notice of Ways and Means Motion to limit the benefit of the employee stock option deduction for high income individuals employed at large, long-established, mature organizations. Stakeholders were invited to provide input on the characteristics of small, growing companies that should not be subject to the new…
Human Resources Legislative Update
Changes Are Coming to the Justice System in Ontario
On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…
Human Resources Legislative Update
WSIB Schedule 1 Regulation Filed Further to New Rate Framework
In anticipation of the Workplace Safety and Insurance Board’s new Rate Framework implementation date of January 1, 2020, the Ontario government filed Ontario Regulation 417/19 which amends O. Reg. 175/98 (General Regulation) made under the Workplace Safety and Insurance Act, 1997. O. Reg. 417/19 revokes and replaces Schedule 1 of the General Regulation, to reflect…
Human Resources Legislative Update
Ontario Amends Sign Requirements under the Smoke-Free Ontario Act, 2017
On December 13, 2019, the Ontario government filed Ontario Regulation 430/19 (Regulation) which amends Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017 with respect to the sign requirements for employers and proprietors. The Regulation comes into force on January 1, 2020. As we previously reported, pursuant to Ontario Regulation 268/18, employers and…
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Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
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Assurer une célébration du temps des fêtes en toute sécurité
La saison des fêtes est un temps de célébration. Pour plusieurs d’entre nous, cela peut comprendre des célébrations du temps des fêtes dans le milieu du travail. Tous les employeurs, grands ou petits, devraient s’assurer de prendre le temps de créer un plan visant à créer un environnement sain et sécuritaire pour les employés et les invités qui participeront à ces célébrations.
Human Resources Legislative Update
Ontario Announces Financial Incentives For “Safe Employers”
On November 22, 2019, the government of Ontario unveiled Supporting Ontario’s Safe Employers. This is an initiative which will formally recognize and provide financial incentives to employers who have successfully implemented an occupational health and safety management system in their workplace. Ontario’s Chief Prevention Officer will accredit successful employers. The government states that this program…