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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…

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IIROC-Regulated Employers Now Subject to New Cybersecurity Incident Reporting Obligations

As of November 14, 2019, investment dealers engaged in trading activity in Canadian markets (Dealer Members) that are regulated by the Investment Industry Regulatory Organization of Canada (IIROC) are now subject to new stringent reporting obligations for cybersecurity incidents. These new rules are the result of amendments to Rules 3100 and 3703 of the IIROC Rules that apply to all Dealer Members.

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Employers with Drivers Operating in the U.S. Take Note: New U.S. Drug and Alcohol Testing Rule in Force January 6, 2020

On January 6, 2020, Canadian employers who have commercial drivers operating in the United States will be required to comply with the requirements under the new Drug and Alcohol Clearinghouse program. Clearinghouse is administered by the United States Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA).