Bill C-20, An Act respecting further COVID-19 measures, which passed on July 27, 2020, has enacted new legislation that permits the temporary suspension or extension of time limits or other periods specified in federal legislation or in court proceedings governed by federal legislation that are difficult or impossible to meet in light of the COVID-19 pandemic.
Insights
Federal Post
In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…
Federal Post
On March 25, 2020, the federal government passed Bill C-13, COVID-19 Emergency Response Act, which contains various fiscal and other measures designed to deal expeditiously with the COVID-19 pandemic in Canada. Included among these measures is an amendment to the Canada Labour Code (Code) which provides an unpaid leave of up to 16 weeks for employees who are unable or unavailable to work for reasons related to COVID-19. The COVID-19 Leave came into force on March 25, 2020.
FTR Now
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.
Federal Post
Looking Forward to 2020
· 10 min readIn our year-end Federal Post, we review changes to federal labour and employment laws which are anticipated to come into force in 2020. We also provide a quick update on some unjust dismissal cases of note. As always, our best wishes for a happy holiday season. Incoming Legislative Changes in 2020 The past few years…
FTR Now
Ensuring a Safe Holiday Party
· 6 min readThe holiday season is a time for celebration. For many of us, this may include workplace celebrations. All employers, big or small, should ensure that in addition to traditional party logistics, they take the time to develop a plan for providing a healthy and safe environment for employees and guests at any workplace celebrations.
FTR Now
In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).
Human Resources Legislative Update
On October 31, 2019, Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, passed Second Reading and was referred to the Standing Committee on General Government. The Committee will meet on Monday, November 4, 2019 from 9:00 a.m. to 10:00 a.m. and from 2:00 p.m. to 6:00 p.m. for public hearings on…
FTR Views
With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime, as well as new and amended leaves of absence.
Federal Post
We have reported on the changes to the Canada Labour Code (Code) which came into effect on July 29, 2019 and on September 1, 2019. The federal government has published new Interpretations, Policies and Guidelines (IPGs) in support of some of these changes, as well as a summary of various amendments which have not yet been proclaimed into force and their anticipated in force dates. Proposed regulations for the incoming Part IV, Administrative Monetary Penalties, of the Code have also been recently published for comment.
Federal Post
On July 29, 2019, a number of amendments to the Canada Labour Code enacted by Bill C-44, the Budget Implementation Act, 2017, No. 1, came into force. The amendments relate to changes to the powers of the Canada Industrial Relations Board, complaints relating to reprisals and the elimination of the role of appeals officers. Learn more in this Federal Post.
Federal Post
The federal government has proclaimed September 1, 2019 as the coming into force date for several changes to the Canada Labour Code (Code) as enacted by Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). As a result of co-ordinated coming into force provisions, a number of substantive amendments to the Code contained in Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86) will also come into force on September 1, 2019.
FTR Now
Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.
Federal Post
Federal Update: What Employers Need To Know
· 11 min readIn this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.
Federal Post
On April 27, 2019, the government of Canada published proposed regulations for comment concerning harassment and violence prevention in the workplace.
Human Resources Legislative Update
The Labour Program of the federal government is seeking input on the development of a regulation under section 47.3 of the Canada Labour Code (Successive Contracts for Services) which currently applies only to contract pre-board security services employees. It is proposing extending the application of that equal pay provision to include other federally regulated employees…
Human Resources Legislative Update
Following recent amendments to the Canada Labour Code, the federal Minister of Employment, Workforce Development and Labour has announced the creation of an expert panel tasked with the study of additional matters relating to the “changing nature of work.” This expert panel is to report back to the Minister by June 30, 2019 on the…
Human Resources Legislative Update
The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article…
Human Resources Legislative Update
On December 10, 2018, Bill C-86, Budget Implementation Act, 2018, No. 2, passed Third Reading in the Senate without amendment and is now awaiting Royal Assent. As we reported in our Federal Post of November 2, 2018, Bill C-86 will make significant changes to the Canada Labour Code and will introduce a new federal Pay…
FTR Now
In this FTR Now, we outline a number of major changes to the Municipal Act, 2001 and discuss their potential impact on municipalities. As you prepare for compliance with the reforms outlined in Bill 68, your implementation plan should include consideration of traditional “human resources” issues when establishing your Codes of Conduct.
FTR Now
’Tis the Season: Holiday Tips for Employers
· 5 min readWith the holiday season just around the corner, many of us are preparing for the seasonal festivities, which may include workplace celebrations. It is important that employers, whether large or small, take proactive steps to ensure the health and safety of their employees who attend office parties or other workplace celebrations.
Federal Post
On October 29, 2018, the federal government tabled Bill C-86, the Budget Implementation Act, 2018, No. 2, omnibus legislation giving effect to certain initiatives in its 2018 Federal Budget. If passed, the Bill will make substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things. For federally regulated…
Human Resources Legislative Update
As discussed in our previous post, the Police Record Checks Reform Act, 2015 (Act) creates new procedural requirements for requesting and obtaining criminal record, judicial matters and vulnerable sector backgrounds checks. The Act creates a requirement for a two-stage consent process where: (1) the individual must consent to the type of check being conducted; and…
Human Resources Legislative Update
As we previously discussed, the Police Record Checks Reform Act, 2015 (Act) comes into force on November 1, 2018. Commencing on that date, police services in Ontario will offer three types of records checks: criminal record checks, criminal record and judicial matters checks and vulnerable sector checks. The types of information that are authorized for…
Human Resources Legislative Update
As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…
Case In Point
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…
Human Resources Legislative Update
The Ontario government has proclaimed November 1, 2018 as the date on which the Police Record Checks Reform Act, 2015 (Act) comes into force. The Act applies to persons who require a search to be conducted of police data bases to screen individuals for, among other things, the purpose of determining suitability for employment. It…
Human Resources Legislative Update
On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…
Federal Post
Changes to the Canada Labour Code and PIPEDA are Coming
· 12 min readIn this issue of our Federal Post, we discuss amendments to the Canada Labour Code which will introduce new leaves as well as new obligations for federal employers regarding workplace harassment and violence, among other things. We also look at how adjudicators have interpreted the unjust dismissal world after the decision of the Supreme Court of Canada in Wilson v. Atomic Energy of Canada. And finally, we remind you about the incoming obligations regarding data breach under PIPEDA.
FTR Now
On November 14, 2017, the Ontario government introduced Bill177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, omnibus legislation which, if passed, would amend several employment-related statutes. In this FTR Now, we discuss the proposed changes to the Workplace Safety and Insurance Act, 1997 and the Occupational Health and Safety Act.
FTR Now
With winter fast approaching, many of us are preparing for seasonal and holiday celebrations. Whether large or small, it is important that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. In this FTR Now, we are pleased to bring you our annual checklist of measures to consider implementing to help plan a safe holiday celebration for all.
Human Resources Legislative Update
On November 7, 2017, the federal government tabled 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, which, if passed, will amend the Canada Labour Code with respect to the prevention of workplace harassment and violence…
Human Resources Legislative Update
As previously reported, amendments to the Employment Insurance Act were passed by the federal government on June 22, 2017 when Bill C-44, Budget Bill Implementation Act, 2017, No. 1 received Royal Assent. These amendments have been proclaimed into force effective December 3, 2017. The changes to the employment insurance (EI) regime, among other things, allow…
Human Resources Legislative Update
On October 27, 2017, the federal government introduced Bill C-63, Budget Implementation Act, 2017, No. 2, its second budget implementation bill relating to Budget 2017. Budget implementation bills are a means for the government to follow through with the legislative changes required to bring budget commitments into effect. In addition to changes to the Income…
Federal Post
On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. In this Federal Post we discuss Bill C-4 and its significance for employers in the federal sector…
Human Resources Legislative Update
On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…
Federal Post
Federal Post – Sixth Edition
· 18 min readWe are pleased to bring you this promised Federal Post edition on recent case law updates of significance to employers in the federal sector.
Laila Karimi Hendry and Amy Tibble, both of our Toronto office, write about two unjust dismissal cases “post-Wilson” that you should know about.
David Foster of our London office provides a summary of recent cases interpreting the new test for “danger” under the Canada Labour Code…
Case In Point
In an important decision for all federally regulated employers, the Occupational Health and Safety Tribunal of Canada (OHSTC) released its first decision interpreting the new definition of “danger” under the Canada Labour Code (Code)…
FTR Quarterly
FTR Quarterly – 2016, Issue 3
· 16 min readThis issue features; Bill 132 Workplace Sexual Harassment Legislation – What’s Next? and WSIB Rate Group Reform: Five Ways it Will Impact Your Business. The featured lawyer is Nadine S. Zacks and the featured group is Occupational Health…
Federal Post
Federal Post – Fourth Edition
· 18 min readWe are pleased to bring you the final 2016 edition of the Federal Post, our newsletter designed exclusively for federally regulated employers…
Human Resources Legislative Update
On September 8, 2016, changes to the Occupational Health and Safety Act are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes have been brought about by Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence…
FTR Now
On September 8, 2016, changes to the Occupational Health and Safety Act (OHSA) will come into force. The amendments require employers to develop policies and programs to prevent harassment, including sexual harassment, in the workplace. The Ministry of Labour has now finalized its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and…
FTR Now
In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.