Human Resources Legislative Update

New Cannabis Legislation Tabled by Ontario Government

On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and will make amendments to the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017 and the Smoke-Free Ontario Act, 2017, as well as consequential amendments…

Human Resources Legislative Update

Early Effective Date Announced for New Federal Parental Sharing Benefit

The government has announced that the new federal Parental Sharing Benefit will launch on March 17, 2019. As we previously reported, the 2018 federal Budget (Budget) proposed to establish an additional Parental Sharing Benefit with the goal of encouraging parents to share Employment Insurance (EI) benefits. The intended goal of this reform was to allow…

School Board Update

Welcome Back to School!

With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.

FTR Views

Cannabis in the Workplace: Workplace Policy [Video]

In light of the upcoming legalization of recreational cannabis, it is critical that employers review all current policies to determine whether revisions are required. In this video, Jacqueline Luksha reviews key features of a Drug and Alcohol policy related to cannabis in the workplace. She also discusses the importance of training regarding cannabis use, and touches on policies dealing with accommodation requests.

Case In Point

Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision

A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…

Case In Point

Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits

The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…

Human Resources Legislative Update

Federal Government Reviewing Consultation Feedback on Modernizing the Canada Labour Code

On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.

HR HealthCheck

Arbitrator Finds Nurse Not Entitled to Compensation for Time Spent Attending Re-Certification Testing

A recent arbitral decision, South Bruce Grey Health Centre v. Ontario Nurses’ Association, clarifies the issue of compensation for re-certification under the centrally negotiated ONA Collective Agreement with the Participating Hospitals. The two grievances raised the issue of “whether a nurse is entitled to compensation for attending testing for the purposes of re-certification required by the Hospital”.

Human Resources Legislative Update

Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code

Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…