In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…
Insights
FTR Now
On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
FTR Now
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…
FTR Now
Arbitrator Goodfellow recently released his decision in Central West Local Health Integration Network v. Canadian Union of Public Employees, Local 96. The issue before Arbitrator Goodfellow was the mandatory vaccination policy of two Local Health Integration Network (LHIN) employers—the Central West Local Health Integration Network and the Mississauga Halton Local Health Integration Network (collectively the…
FTR Now
On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…
FTR Now
In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…
FTR Now
Court Finds Bill 124 to Be Unconstitutional
· 1 min readOn November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…
Human Resources Legislative Update
On November 4, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive is effective as of November 4, 2021 and replaces the previous version dated October 1, 2021, which we covered in our HR HealthCheck of October 13, 2021. Under the Directive, every licensee of…
HR HealthCheck
In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…
HR HealthCheck
On April 23, 2021, the Ontario government filed a number of regulations with respect to long-term care and retirement homes in light of the pandemic and the ongoing strain it has placed on healthcare staffing. In this HR Healthcheck we outline the key aspects of these regulations. Work Redeployment For Local Health Integration Networks And…
FTR Now
On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020. If passed, it would enact The Supporting Ontario’s Recovery Act, 2020 (Act) which provides protection for persons from liability for actions related to COVID-19. It would also remove the framework in the Municipal Elections Act, 1996 providing for ranked ballot elections for municipal council officers. As of today’s date, the Bill is at Second Reading in the Ontario legislature.
FTR Now
In this FTR Now: Province allows businesses to reopen; Ontario announces workplace health and safety guidance; Ontario expands the list of essential workers eligible to receive free emergency child care; Further amendments to the Employment Insurance Act and New Canada Emergency Student Benefit; and more!
FTR Now
Further Measures Announced in Relation to COVID-19
· 13 min readLate last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).
FTR Now
On March 17, 2020 the Ontario government declared a state of emergency under the Emergency Management and Civil Protection Act (EMCPA). This has been followed by a series of Orders that have significant operational impacts on municipalities.
FTR Now
Ontario Declares Emergency in Light of COVID-19
· 7 min readOn March 17, 2020, the Ontario government declared an emergency in Ontario as a result of COVID-19. It ordered the immediate closure of a number of venues, as well as enhanced funding for the province’s response to COVID-19.
FTR Now
Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.
FTR Now
As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.
FTR Now
COVID-19 and Workplace Preparedness
· 5 min readHealth officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.
HR HealthCheck
Management Rights, Sick Leave under HOODIP and More
· 9 min readIn our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
Human Resources Legislative Update
On August 26, 2019, the Ontario government released a guide to help employers, supervisors and workers in hospitals, long-term care homes and private home care facilities better understand their obligations relating to preventing workplace violence under the Occupational Health and Safety Act (OHSA) and the Health Care and Residential Facilities Regulation (O. Reg 67/93).
FTR Now
A recent arbitral decision from Arbitrator Jasbir Parmar has provided some much needed clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts.
Human Resources Legislative Update
Changes to the Highway Traffic Act enacted by Bill 174, the Cannabis, Smoke Free Ontario and Road Safety Statute Law Amendment Act, 2017 which relate to cell phone use while driving are coming into force on January 1, 2019. Beginning on January 1, 2019, penalties will increase as set out below for conviction of the…