Employers are reminded that amendments made to the Competition Act by Bill C-19, Budget Implementation Act, 2022, No. 1 (Bill C-19) will come into force on June 23, 2023. Bill C-19 amends the existing criminal conspiracy provisions of the Competition Act to make it a criminal offence for an employer to conspire, agree or arrange…
Insights
FTR Now
Bill 27, Working for Workers Act, 2021, amended the Employment Standards Act, 2000 (ESA) to introduce a new licensing regime for temporary help agencies (THAs) and recruiters that operate in Ontario. We reviewed Bill 27 in detail in previous editions of the FTR Now on October 26, 2021 and again on December 1, 2021. The…
Federal Post
The Budget Implementation Act, 2018, No. 2 (Bill C-86) amended the Canada Labour Code (CLC) by enacting a new Division XII.1 “Reimbursement of Work-related Expenses,” which will require federally regulated employers to reimburse employees for reasonable work-related expenses, subject to prescribed exceptions. Bill C-86 also enacted a new section titled “Information Related to Employment,” which…
FTR Now
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. On March 29, the government filed proposed regulatory changes to amend the Construction Projects Regulation (the Regulation) under the Occupational Health and Safety Act. The proposed regulatory changes will amend section 21 of the Regulation, which addresses protective clothing, equipment…
FTR Now
Federal Government Tables 2023 Budget
· 3 min readOn March 28, 2023, the federal government tabled its 2023 budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future.” The Budget covers a wide array of initiatives. While health and dental care, efforts to make life more affordable, and investments in green energy are key areas of focus, the Budget includes several proposals…
FTR Now
On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…
FTR Now
The Ontario government has taken the next step in the development of a licensing framework for temporary help agencies (THAs) and recruiters operating in the province. On November 21, 2022, Ontario’s Ministry of Labour, Immigration, Training and Skills Development (Ministry) announced a public consultation process with respect to the development of supporting regulations for the…
FTR Now
On March 1, 2022, all regions of Ontario entered the Roadmap Exit Step of the province’s Reopening Plan. Since that date, the government has been steadily reducing its COVID-19-related measures in anticipation of a full reopening of the province. As we previously reported, the Chief Medical Officer of Health announced on March 9, 2022 that…
FTR Now
On March 9, 2022, Ontario’s Chief Medical Officer of Health announced that by the end of April, all remaining COVID-19-related measures, directives and orders will be lifted. This decision comes as the province sees continued improvements in key health indicators and follows the government’s easing of most public health restrictions earlier this month (see our…
FTR Now
On February 28, 2022, the Ontario government tabled Bill 88, Working for Workers Act, 2022, omnibus legislation which, if passed, would enact the Digital Platform Workers’ Rights Act, 2022 and make amendments to the Employment Standards Act, 2000 (ESA) and other employment-related legislation. In this FTR Now, we review some of the key features of…
FTR Now
As announced by the Ontario government earlier this month, public health restrictions imposed in light of COVID-19 will be substantially eased on March 1, 2022. On that date, all regions in Ontario will be moved into the Roadmap Exit Step of the province’s Reopening Plan and almost all public health restrictions will be removed. Notably,…
FTR Now
On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…
FTR Now
On October 22, 2021, the Ontario government announced its long-term plan for easing COVID-19-related public health and workplace safety measures, with the aim of lifting all restrictions by March 2022. The plan identifies a number of milestones, beginning October 25, 2021.
FTR Now
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
HR HealthCheck
On August 17, 2021, the Ontario Chief Medical Officer of Health issued Directive #6 COVID-19 Vaccine Policy in Health Care Settings (Directive) regarding the implementation of a mandatory vaccine policy for employees, staff, contractors, volunteers and students in certain health care settings. The Directive has been issued with a view to protecting vulnerable patients and staff…
FTR Now
On August 17, 2021, the Ontario government announced that it is making COVID-19 vaccination policies mandatory for certain high-risk settings, which include hospitals, schools and post-secondary institutions, among others. The government also announced: it is pausing the exit from Step 3 into the Roadmap Exit Step, in light of concerns regarding the transmission of COVID-19…
FTR Now
On July 30, 2021, the Ontario government filed a regulation which reveals that when the province exits from Step 3 of its Roadmap to Reopen, most of the existing COVID-19-related restrictions will be lifted. One key exception will be a continuing requirement for indoor masking. The Roadmap to Reopen contemplates a safe exit from Step…
FTR Now
On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. It officially designates September 30 of each year as National Day for Truth and Reconciliation. This marks a new public holiday under the Canada Labour Code (Code).
FTR Now
Ontario to Enter Step 1 of Reopening on June 11, 2021
· 11 min readThe Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
FTR Now
Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.
FTR Now
On May 3, 2021, we published an FTR Now providing an overview of the new paid infectious disease emergency leave (Paid IDEL) created by Bill 284, the COVID-19 Putting Workers First Act, 2021. In our publication, we addressed the interaction between the new Paid IDEL and contractual paid leave, and how the contractual entitlement would…
FTR Now
On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…
FTR Now
On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…
FTR Now
On April 7, 2021, the Ontario government declared its third emergency under the Emergency Management and Civil Protection Act and issued its second Stay-at-Home Order under that Act, effective April 8 at 12:01 a.m. Stay-at-Home Order (Order) The Order is similar in wording to the Stay-at-Home Order issued in January 2021, with some minor modifications….
FTR Now
The Ontario government is continuing its recently announced return to a regional approach to pandemic management and to a modified provincial COVID-19: Response Framework. The first phase, discussed in greater detail in our February 10, 2021 FTR Now, involved the creation of a new Shutdown Zone as part of the Rules for Areas in Stage…
FTR Now
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.
FTR Now
Ontario Declares Emergency, Issues Stay-at-Home Order
· 11 min readOn January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…
FTR Now
Ontario Declares Second Provincial Emergency
· 1 min readOn January 12, 2021, the Ontario government declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMPCA) to address the concerning rise in COVID-19 cases, and also announced it is issuing a stay at home order. The government’s announcement outlined the changes that it will be implementing, which are summarized in…
FTR Now
Ontario Announces Provincewide Shutdown
· 12 min readOn December 21, 2020, the Ontario government announced a provincewide shutdown, effective Saturday December 26, 2020. As of that date, all parts of the province will be moved into the Grey Zone and will be subject to modified Rules for Areas in Stage 1 (Stage 1 Rules). Because different areas of the province are under…
FTR Now
On December 17, 2020, the Ontario government filed a new regulation under the Employment Standards Act, 2000 (ESA), Ontario Regulation 764/20: Terms And Conditions Of Employment In Defined Industries – Hospitality, Tourism And Convention And Trade Show Industries (Regulation). As stated by the government, the Regulation provides certain employers with an alternative to putting termination…
FTR Now
Effective December 17, 2020, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until July 3, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire January 2, 2021. The…
FTR Now
On November 20, 2020 the Ontario government announced that it will be moving certain regions of the province to new levels of the Keeping Ontario Safe and Open Framework (Framework). This included moving the City of Toronto and Peel Region to the Grey Zone – Lockdown of the Framework, effective earlier today, November 23 at 12:01 a.m. These restrictions will be in effect for at least 28 days.
FTR Now
Ontario Tables Fall Budget 2020
· 9 min readOn November 5, 2020, the Ontario government tabled its 2020 Budget, Ontario’s Action Plan: Protect, Support, Recover (Budget), and introduced supporting implementation legislation, Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020(Bill 229).
FTR Now
On November 3, 2020, the Ontario government released its COVID-19 Response Framework: Keeping Ontario Safe and Open (Framework) which the government states “will serve as an early warning system allowing [it] to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19.” The Framework will apply to businesses and organizations that operate within the applicable public health units, and it also contains sector-specific health and safety measures.
Human Resources Legislative Update
On October 16, 2020, the Ontario government announced that it is moving York Region into the Rules for Areas in Stage 2, effective October 19, 2020 at 12:01 a.m. due to the increase in COVID-19 cases in that area. This is in effect for 28 days. We discussed the modifications made to the Rules for…
FTR Now
Effective October 10, 2020, Ottawa, Toronto and Peel Region are subject to the Rules for Areas in Stage 2 as modified by O. Reg. 572/20 (Modified Rules) as a result of the increase in COVID-19 cases in these areas. The Office of the Premier has advised that the Modified Rules will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.
FTR Now
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…
FTR Now
Ontario has again revised its Rules For Areas In Stage 3 (Rules) in light of the increasing numbers of COVID-19 cases in Ontario. The new rules include a province-wide mandatory masking requirement and additional restrictions for Ottawa, Toronto and Peel Region Public Health Units (defined as the “Enhanced Measures Zone”). The changes came into force on October 3, 2020.
FTR Now
On September 29, 2020, the federal government tabled Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation). If passed, Bill C-5 would create a new federal holiday entitled the National Day for Truth and Reconciliation, with the purpose of…
FTR Now
On Thursday, September 3, 2020, the Ontario government announced that it would be extending the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 2, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire today (September 4, 2020). The IDEL Regulation has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on January 2, 2021
FTR Now
On July 21, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 received Royal Assent. The Ontario government has announced that the new Act will be proclaimed in force on July 24, 2020. As set out in greater detail in our FTR Now of July 15, 2020, this means that the COVID-19 declared emergency will come to an end on July 24, 2020.
FTR Now
On Thursday, July 16, the Ontario government published a regulation that amends the existing Stage 2 Closure Order (Order) made under the Emergency Management and Civil Protection Act (EMCPA). The amendments took effect at 12:01 a.m. on Friday, July 17, 2020, and are therefore already in force.
FTR Now
Premier Ford recently signaled that he is hopeful another extension of the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) will not be needed. Presumably to this end, on July 7, 2020, the government introduced Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2000 (Bill 195) which, if passed, will enable it to continue Orders made under sections 7.0.2 or 7.1 of the EMCPA even after the declared emergency comes to an end.
FTR Now
On Friday, May 29, 2020, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination and severance provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19 – O. Reg. 228/20, Infectious Disease Emergency Leave (IDEL Regulation).
FTR Now
There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.
FTR Now
On April 3, 2020, the Ontario government announced that more businesses must close because they are no longer considered essential in light of the COVID-19 pandemic. These businesses must close effective tomorrow, Saturday April 4, 2020 at 11:59 p.m.
FTR Now
On March 23, 2020 Premier Doug Ford announced that effective 11:59 p.m. on Tuesday, March 24, all non-essential businesses will be ordered to close for 14 days, and possibly longer. This order is made further to the emergency declared on March 17, 2020 under the Emergency Management and Civil Protection Act. Here is what employers need to consider now.
FTR Now
With a single Order, Ontario Health Service Providers have been given broad authority to take all reasonable steps necessary to staff as needed to deal with the COVID-19 pandemic. Details of this Order, which came into effect the evening of Saturday, March 21, 2020, are set out below.
FTR Now
On March 19, 2020, the Ontario Legislature met in an emergency session to pass legislation to extend protections for employees in light of the COVID-19 pandemic. Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 amends the leaves of absence provisions of the Employment Standards Act, 2000 (ESA) to provide more leave entitlements to employees impacted by the pandemic and to prohibit employers from requesting medical notes in relation to the new leave.
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
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.
FTR Now
On April 11, 2019, the Ontario government tabled its 2019 Budget, Protecting What Matters Most (Budget), and introduced supporting implementation legislation, Bill 100, the Protecting What Matters Most Act (Budget Measures), 2019 (Bill 100).
The Budget outlines key initiatives around broader public sector compensation, reforms within the healthcare sector, registered pension plans, freedom of information, and more. In this FTR Now, we highlight the proposals that are of particular interest to employers, benefits plan administrators and human resources professionals.
FTR Now
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.
FTR Now
Legislation Reversing Parts of Bill 148 Passes
· 2 min readOn November 21, 2018, Bill 47, the Making Ontario Open for Business Act, 2018, as amended by the Standing Committee on Finance and Economic Affairs, passed Third Reading…
FTR Now
The Ontario government’s Economic Outlook and Fiscal Review (Fiscal Review) and supporting omnibus legislation, Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57), propose a number of significant reforms and initiatives to pension, benefit, tax and employment-related legislation that will impact your workplace and pension plan administration. Bill 57 also contains proposals related specifically to fire services, which were outlined in our prior communication, Ontario Government Tables Legislation Impacting Bargaining and Interest Arbitration in the Fire Sector.
Human Resources Legislative Update
On October 24, 2018, the Ontario government filed two regulations made under the Employment Standards Act, 2000 (ESA). O. Reg. 448/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) to exempt Crown employees from the hours of work/eating periods and overtime provisions of the ESA. Specifically, the exemption applies…
FTR Now
On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018 (Bill 47), new legislation that if passed in its present form would effectively “undo” many of the key changes to workplace laws implemented by Bill 148. The range of changes to the Employment Standards Act, 2000 (ESA)…
FTR Now
On October 23, 2018, the Ontario government announced that it will be introducing proposed legislation today to repeal many of the significant employment and labour law reforms enacted by Bill 148 – including provisions with respect to equal pay, paid personal emergency (PEL) days, scheduling, card-based certification for certain industries and eliminating the requirement that employers provide unions with contact information for employees where they demonstrate that they have 20% support. Learn more in this FTR Now.
FTR Now
On August 13, 2018, the Ontario government implemented a new Compensation Framework (New Framework) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA) that came into immediate effect.
FTR Now
The Ontario provincial election will be held on June 7, 2018. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours in order to vote. Learn more in this FTR Now.
FTR Now
In light of the changes to the Employment Standards Act, 2000 (ESA) brought about by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, the Ministry of Labour has published a revised version of the ESA poster (Version 7.0) which is required to be posted by employers in a conspicuous place…
Minimum Standards Monitor
In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.
FTR Now
The Road Ahead: Are You Prepared for Bill 148?
· 22 min readBill 148, the Fair Workplaces, Betters Jobs Act, 2017 is now in force, having received Royal Assent on November 27, 2017. With it comes substantial changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA), as well as changes to the Occupational Health and Safety Act (OHSA). In this FTR Now, we have consolidated and summarized the information provided to clients previously in a series of updates that tracked the development of Bill 148…
FTR Now
More Changes to Bill 148 after Second Committee Review
· 16 min readOn November 16, 2017, the Standing Committee on Finance and Economic Affairs (the Committee) adopted significant amendments to Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148). These amendments are in addition to amendments the Committee made in August of this year after First Reading of Bill 148, and are expected to be adopted by the Legislature in the near future.
FTR Now
Ontario Consulting on ESA Exemptions
· 5 min readOn October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.
FTR Now
Big Changes to Bill 148 after Committee Review
· 13 min readOn August 21, 2017, the Standing Committee on Finance and Economic Affairs (Committee) adopted significant amendments to Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) which will be reported back to the Ontario Legislature when it resumes sitting on September 11, 2017…
FTR Now
On June 8 and 9, 2017, the Ontario government made a series of significant changes to the BPSECA Executive Compensation Framework. The changes include amendments to the content required of compensation programs, the timing of the development of those programs, and the process organizations must follow to implement their compensation programs…
FTR Now
On June 8, 2017, the Ontario government filed O. Reg. 187/17 which amends the “Executive Compensation Framework” regulation (O. Reg. 304/16) made under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA). On June 9th the government issued a new Broader Public Sector Executive Compensation Program Directive and amended the existing Broader Public Sector Executive…
FTR Now
On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), its highly anticipated response to the Final Report from the Changing Workplaces Review. If passed, Bill 148 would introduce a range of changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995…
FTR Now
Une semaine après la publication du rapport final concernant l’Examen portant sur l’évolution des milieux de travail, le gouvernement de l’Ontario a annoncé les détails de sa réponse législative. Cette réponse comprend certaines des recommandations des conseillers spéciaux ainsi que des propositions qui n’ont pas été traitées dans le rapport final ou, dans certains cas, dans le rapport intérimaire. La réponse du gouvernement contient également des changements qui ne relevaient pas du mandat des conseillers spéciaux…
FTR Now
Today, one week after making public the Final Report from the Changing Workplaces Review, the Ontario government announced details of its intended legislative response. While that response incorporates some of the recommendations of the Special Advisors, it also includes proposals that were not addressed in the Final Report or, in some cases, the Interim Report…
FTR Now
Dans notre troisième mise à jour relative au rapport final de l’examen portant sur l’évolution des milieux de travail (le « Rapport final »), nous axons notre analyse sur les recommandations liées à la Loi de 2000 sur les normes d’emploi. Alors que plusieurs recommandations portent sur des changements proposés à des normes spécifiques, le Rapport final insiste particulièrement sur les mesures de conformité dans le cadre d’initiatives tant dans le domaine de l’éducation que de l’application de la loi, le tout en vue de parvenir à une « culture de convenance et de conformité » en Ontario…
FTR Now
In this, our third update related to the Changing Workplaces Review Final Report (Final Report), we focus our discussion on the recommendations related to the Employment Standards Act, 2000. While many of the recommendations relate to proposed changes to specific standards, the Final Report contains a strong emphasis on compliance measures, comprised of both education…
FTR Now
Changing Workplaces Review – Final Report Issued
· 4 min readEarlier today, the government issued the long-awaited final report from the Changing Workplaces Review, entitled An Agenda for Workplace Rights (Final Report), which was prepared by the government-appointed Special Advisors Mr. Justice John Murray and Mr. Michael Mitchell. The Special Advisors were mandated to consider the changing nature of the workplace, the causes behind those…
FTR Now
Le 23 mai 2017, le gouvernement a publié le très attendu rapport final découlant de l’Examen portant sur l’évolution des milieux de travail. Ce rapport, intitulé Un programme pour les droits en milieu de travail (le « Rapport final »), a été préparé par les conseillers spéciaux nommés par le gouvernement, soit M. le juge John Murray…
College Update
This is a short reminder to our college contacts about an often overlooked feature of the Freedom of Information and Protection of Privacy Act (FIPPA) – the assignment of formal powers and duties to the Chair of the Board of Governors. These powers and duties include those related to the processing of freedom of information requests…
FTR Now
Ontario has introduced limited amendments to personal emergency leave for certain employers in the automobile sector. In comments to the Ontario Legislature, the Minister of Labour identified the changes as a pilot project suggesting that similar changes may be considered in the future for a wider range of employers…
FTR Now
On September 6, 2016, the Ontario government published Ontario Regulation 304/16 “Executive Compensation Framework” (Regulation) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA), which provides the compensation framework in accordance with which compensation programs for “designated executives” under the BPSECA must be developed, including a detailed process and specific one-year timeline for their development…
FTR Now
For the past month, we have reported extensively on the Interim Report issued on July 27, 2016 by the Special Advisors undertaking the Changing Workplaces Review. Previous issues of the FTR Now have reported on potential changes to Personal Emergency Leave, the Labour Relations Act, 1995 (LRA), and the Employment Standards Act, 2000 (ESA)…
FTR Now
This is our fourth client update related to the Interim Report of the Special Advisors under Ontario’s Changing Workplaces Review (Review). In this FTR Now, we will focus on the options identified by the Special Advisors as potential changes to the Employment Standards Act, 2000 (ESA)…
FTR Quarterly
FTR Quarterly – 2016, Issue 2
· 4 min readIn this issue: “Bad Customer Service” – or Breach of Human Rights Legislation?” and “Lifecycle of a Rental Tenancy: Human Rights Code Considerations and Best Practices for Compliance”
FTR Now
On July 27, 2016, we circulated an FTR Now advising clients of the release of the Interim Report of the Special Advisors who are conducting the Changing Workplaces Review (Review). In this, our first follow-up FTR Now, we will focus on Personal Emergency Leave (PEL) under the Employment Standards Act, 2000 (ESA) as that entitlement is being singled out for earlier consideration in the Review…
FTR Now
Changing Workplaces Review – Interim Report Issued
· 5 min readSince May 2015, two government-appointed Special Advisors – Mr. Justice John Murray and Mr. Michael Mitchell – have been undertaking the Changing Workplaces Review (Review) to consider the changing nature of the workplace, the causes behind those changes, and whether the Labour Relations Act, 1995 (LRA) and the Employment Standards Act, 2000 (ESA) need to be amended to meet challenges created by the changes…
FTR Now
ESA and AODA Changes Employers Should Note
· 6 min readEmployers should be aware of recent changes related to the Employment Standards Act, 2000 (ESA) – a new Hours of Work and Overtime Pay…
FTR Now
On November 18, 2015, Bill 143, Employment Standards Amendment Act (Temporary Help Agencies), 2015, a Private Member’s Bill was introduced in the Ontario Legislature by a Liberal MPP. The Bill seeks to amend the Employment Standards Act, 2000 (“ESA”) with respect to the regulation of temporary help agencies. SUMMARY OF BILL 143 If passed, Bill…
FTR Now
It is that time of year again when thoughts are turning to seasonal and holiday celebrations. Whether these celebrations are 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 provide employers with…
FTR Now
A federal election has been called for October 19, 2015. Under the Canada Elections Act (“Act“) all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. In this FTR Now, we…
FTR Now
Ontario Government to Amend Workplace Laws
· 6 min readOn May 28, 2015, the Ontario government introduced Bill 109, the Employment and Labour Statute Law Amendment Act, 2015, proposed legislation intended to effect a number of changes to workplace laws, including: the labour relations provisions of the Fire Protection and Prevention Act, 1997 ("FPPA"); the Public Sector Labour Relations Transition Act, 1997 ("PSLRTA"); and…
School Board Update
Province Introduces Back-to-Work Legislation
· 6 min readOn May 25, 2015, the Ontario government introduced Bill 103, the Protecting the School Year Act, 2015. Bill 103 is back-to-work legislation intended to bring an end to ongoing strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board (collectively, the “School Boards”)….
FTR Now
On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…
FTR Now
On March 24, 2015, the Management Board of Cabinet issued the Broader Public Sector Compensation Information Directive (the “Directive”) under the Broader Public Sector Executive Compensation Act, 2014 (the “BPSECA”). The Directive came into effect on April 1, 2015. In this FTR Now, we will briefly review the Directive and its role within the scheme…
FTR Now
The Ontario government’s new compensation restraint legislation – the Broader Public Sector Executive Compensation Act, 2014 (or "BPSECA") – will come into force on Monday, March 16, 2015. While the proclamation of the Lieutenant Governor has not yet been published in The Ontario Gazette, it is listed in the government’s online listing of proclamations and…
FTR Now
Ontario to Consult on Labour and Employment Reform
· 3 min readOn February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…
FTR Now
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
FTR Now
Effective March 16, 2015, significant reforms to the general holiday provisions of Part III of the Canada Labour Code will come into force. The amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements. In this FTR Now, we highlight key aspects of these pending changes and the…
FTR Now
On December 9, 2014, the Ontario government passed Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, which gives the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and implements a number of measures to enhance “accountability and transparency” in the government and…
FTR Now
Holiday Cheer: A Checklist For Employers
· 4 min readThe holiday season is around the corner – and with it comes festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority for employers. In this FTR Now, we provide employers with a checklist of measures to consider implementing in planning for a safe holiday celebration….
FTR Now
Province-wide municipal elections will be held on October 27, 2014, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
FTR Now
On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”). If passed, Bill 18 would make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance…
FTR Now
Ontario Budget 2014
· 17 min readOn Monday, July 14, 2014, the newly elected Liberal government introduced the 2014 Ontario Budget. As was pledged by Premier Wynne during the election campaign, the new Budget is virtually identical to the version that was first tabled on Thursday, May 1, 2014 (and which triggered the recent election). The newly tabled Budget is still…
FTR Now
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…
FTR Now
Employers are reminded that the minimum wage rate prescribed under the Employment Standards Act, 2000 (“ESA”) will be increasing on June 1, 2014, notwithstanding the recent dissolution of the Legislature and subsequent election call. As previously reported on our legislative blog, the increase to the minimum wage rate was accomplished by regulation on February 14,…
FTR Now
Last week saw significant developments at Queen’s Park that will be of interest to all employers in Ontario. On Thursday, May 1, 2014, the Ontario government introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, the government introduced Bill 194, the Building Opportunity and Securing Our Future Act…
FTR Now
On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
FTR Now
Federal Budget 2014
· 9 min readOn February 11, 2014, the Minister of Finance, the Honourable James Flaherty, tabled the 2014 Federal Budget “The Road to Balance: Creating Jobs and Opportunities” (Economic Action Plan 2014). This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. TAX INITIATIVES…
FTR Now
On December 4, 2013, the Department of Industry published the final version of the Electronic Commerce Protection Regulations (the “Industry Canada Regulations”) under Canada’s Anti-Spam Legislation (“CASL”) – the last step in the long process of putting a comprehensive regulatory scheme into place. At the same time, the government announced that much of CASL would…
FTR Now
On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, 2013 (“Bill 146”). If passed, Bill 146 would make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance…
FTR Now
Planning a Safe Holiday Celebration
· 4 min readThe holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
FTR Now
Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…
School Board Update
The Ontario government has introduced legislation that would, if passed, provide for central bargaining for school boards – a significant departure from how collective bargaining has historically occurred in the sector. Bill 122, the School Boards Collective Bargaining Act, 2013, was introduced at First Reading on October 22, 2013, and will now undergo consideration by…
FTR Now
New Privacy Legislation in Manitoba
· 9 min readOrganizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
FTR Quarterly
2013 Spring Edition
· 1 min readFOCUS ON PENSIONS Recasting the pension promise LEGAL DEVELOPMENTS Pay for performance: providing key employees their just desserts Canada set to implement sweeping new anti-spam legislation PROFILE Ottawa’s pension presence Download PDF
FTR Now
Ontario Tables Its 2013 Budget
· 11 min readOn Thursday May 2, 2013, the Ontario government introduced its 2013 Budget, entitled A Prosperous and Fair Ontario (the “Budget”). The government also introduced Bill 65, the Prosperous and Fair Ontario Act (Budget Measures), 2013 (“Bill 65”), omnibus legislation designed to implement some of the proposals contained in the Budget. The Budget announced that the…
FTR Now
In a much-anticipated decision – Government of Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43 – a five-member panel of the Saskatchewan Court of Appeal has found that the Canadian Charter of Rights and Freedoms (the “Charter“) does not guarantee a right to strike for unions and their members. Rather, the Court found that…
FTR Now
Federal Budget 2013
· 8 min readOn March 21, 2013, the Minister of Finance, the Honourable James M. Flaherty, tabled the 2013 Federal Budget “Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013.” In this FTR Now we review those Budget items that are of most interest to employers, human resources professionals and pension plan administrators. These include: Amendments…
FTR Now
Preparing for Canada’s New Anti-Spam Legislation
· 12 min readCanada’s new anti-spam legislation is coming soon. Commonly referred to as “CASL”, the new legislation will impose strict obligations that apply to a range of business emails and other electronic communications that you might not consider to be “spam”. All businesses, even those without formal email marketing programs, should assess their potential exposure to CASL…
FTR Now
Enjoying a Safe Holiday Office Party
· 4 min readOnce again, the holiday season is upon us and it is that time of year when employers begin to plan for seasonal and holiday celebrations. Whether these celebrations are 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…
FTR Now
On October 18th, the federal Government introduced Bill C-45, the Jobs and Growth Act, 2012. This is the second Budget Bill introduced in Parliament to enact measures announced in the federal Budget, which was tabled on March 29, 2012. In addition to enacting various Budget measures, Bill C-45 would also enact changes to the Canada…
FTR Now
The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…
FTR Now
In an unexpected development, Premier McGuinty announced yesterday that he will be resigning as Premier of Ontario and as leader of the Ontario Liberal party. Premier McGuinty also announced that he asked the Lieutenant Governor of Ontario to prorogue the Legislature, which now appears to have occurred. While both announcements will come as a surprise…
FTR Now
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
FTR Now
Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…
FTR Now
Government Announces New Compensation Restraints
· 2 min readEarlier today, the Honourable Dwight Duncan, Ontario’s Minister of Finance, announced a series of new compensation restraints that will apply to government agencies, the Ontario Public Service and the Broader Public Sector. Among the highlights of the government’s announcement are: “Under the plan, executive pay would be permanently capped at no more than double the…
FTR Now
Amended Ontario Budget Bill Passes
· 7 min readINTRODUCTION Earlier today, the Ontario Legislature passed the government’s Budget bill – Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012. In this FTR Now, we will consider the status of the government’s Budget measures generally, and review the key changes adopted by the Standing Committee on Finance and Economic Affairs (the “Committee”)…
FTR Now
Ontario Budget – Highlights for Employers
· 20 min readOn Tuesday, March 27, the Ontario Government introduced its 2012 Budget, which is entitled Strong Action for Ontario (the “Budget”). The Government also introduced Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”), omnibus legislation designed to implement a number of the proposals contained in the Budget. The Budget sets out…
FTR Now
Ontario to Table Budget Later Today
· 2 min readFinance Minister Dwight Duncan will be tabling the Government’s much-anticipated 2012 Budget at 4:00 p.m. this afternoon. The Budget comes on the heels of the Drummond Report, which was released in mid-February and which recommended sweeping reform measures aimed at increasing efficiencies within the broader public service and the delivery of a variety government programs….
FTR Now
On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service (“BPS”). In our companion FTR Now, Drummond Commission Reports on Elementary and…
FTR Now
As we reported in our November 17, 2011 FTR Now “Are You Prepared for the AODA?,” private and not-for-profit sector organizations in Ontario with at least one employee were subject to a January 1, 2012 deadline to comply with the Customer Service Standards as well as the two emergency preparedness requirements under the Integrated Accessibility…
FTR Now
How the New Privacy Tort Will Affect Employers
· 8 min readOn January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
FTR Now
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…
FTR Now
Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…
FTR Now
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
School Board Update
School Board Update
· 27 min readIN THIS ISSUE Arbitrator Provides Helpful Award in Ontario’s First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissions…
FTR Now
Are You Prepared for the AODA?
· 4 min readAs the new year approaches, some key compliance deadlines under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA“) are also approaching. In this FTR Now, we review what needs to be done by employers by January 1, 2012. ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE By January 1, 2012, private and not-for-profit organizations should be in…
FTR Now
The provincial election will be held on October 6, 2011. For most of the province, voting hours will run from 9:00 a.m. to 9:00 p.m. For electoral districts that lie “entirely west of the meridian of 90º W. longitude” (i.e. in the Central Time Zone), voting hours will run from 8:00 a.m. to 8:00 p.m….
FTR Now
On June 3, 2011, the Ontario government released the final Integrated Accessibility Standards regulation (the “Final Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The Final Regulation combines accessibility standards in three areas – information and communication, employment, and transportation – and comes into force July 1, 2011….
FTR Now
On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
FTR Now
The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…
FTR Now
A federal election has been called for May 2, 2011. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. Under the Canada Elections Act, voting…
FTR Now
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
School Board Update
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
FTR Now
The Ministry of Community and Social Services (the “Ministry”) has released for public comment the long-awaited draft Integrated Accessibility Standards regulation (the “Draft Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The 54-page Draft Regulation combines accessibility standards in three areas: information and communication, employment, and transportation. It…
News
There has been much discussion recently in the human resources world about a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, Bill 138, the Registered Human Resources Professionals Act, 2010, would create a more comprehensive legislative framework for the regulation of the human resources profession, and would…
FTR Now
Planning For a Safe Holiday Office Party
· 4 min readIt is that time of year again when employers are planning their holiday festivities. Whether the festivity is large or small, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court…
FTR Now
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. These aspects of Bill 122…
FTR Now
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. In addition, the Bill would…
FTR Now
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
FTR Now
On September 2, 2010, the Ontario Ministry of Community and Social Services proposed an Integrated Accessibility Regulation (the “proposed Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The proposed Regulation would combine three accessibility standards into one – information and communication, employment and transportation. In addition, the proposed Regulation includes detailed compliance…
FTR Now
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
FTR Now
On May 25th, the federal government introduced Bill C-29, the Safeguarding Canadians’ Personal Information Act, and Bill C-28, the Fighting Internet and Wireless Spam Act. If passed, these Bills would make changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA” or the “Act”) that are of significance to federal sector employers, as well…
FTR Quarterly
2010 Spring Issue
· 1 min readLEGAL DEVELOPMENTS When does a temporary lay-off become a deemed termination? La Loi 168 et le défi du devoir de divulgation FOCUS ON KINGSTON On the eastern front PROFILE Tackling the issues Download PDF
FTR Quarterly
2009 Fall Issue
· 1 min readFOCUS ON HEALTHCARE The healthcare tightrope LEGAL DEVELOPMENTS Preparing for the AODA Negligence claims against government relating to SARS fail PROFILE To your health Download PDF
FTR Now
Employers and human resources practitioners in Ontario need to know about the latest development under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The Ontario government just released the Final Proposed Employment Accessibility Standard (“Final Proposed Standard”), which, if adopted as law in its current form, will broadly impact the employment practices of nearly…
FTR Now
Recent Developments under the AODA
· 7 min readIt was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Information, Privacy and Data Security Post
Hicks Morley Information & Privacy Post – Spring 2009
· 42 min readWe’re happy to publish the first 2009 edition of the Hicks Morley Information and Privacy Post! As usual, we have summarized the most recent and notable cases relating to privacy and access to information, protection of confidential business information and the law of production. So what’s new? Much has been said about Leduc v. Roman,…
FTR Now
Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…
FTR Now
The Federal Government has launched a consultation process to determine whether changes should be made to federal labour standards legislation, which is found in Part III of the Canada Labour Code (the “Code”) and the Canada Labour Standards Regulations. The consultations cover a wide range of subjects, and, if acted upon, would have a significant…
FTR Now
In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The proposed Accessible Information and Communications Standard (the “Standard”) addresses all manner of conveyance of information and communications, whether orally, in print or electronic, and will impose a variety of requirements and…
FTR Now
In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The standard relates to accessible information and communications, and if approved in its present form, will have a significant impact on employers and most organizations in Ontario. BRIEF OVERVIEW OF THE AODA…
Information, Privacy and Data Security Post
Information & Privacy Post – 2008 Year In Review
· 4 min readDear Friends Another year of interesting and significant developments in the law of information and privacy! In 2008 we brought you three editions of the Information and Privacy Post, and have consolidated our case law digests in this Year in Review. It’s written for our management-side client base, but available to all. We hope you…
FTR Now
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…
FTR Now
Enjoying a Safe Holiday Season
· 4 min readThe holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
FTR Now
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
FTR Now
The Ontario and BC Privacy Commissioners have released a Practice Tool for Exercising Discretion in the context of violence prevention at universities, colleges and other educational institutions. A copy of the Practice Tool can be found here. The Practice Tool is an important part of the Commissioners’ attempts to educate institutions about their abilities to…
FTR Now
A federal election has been called for October 14, 2008. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older as of the date of the election – are entitled to 3 consecutive hours on election day, during voting hours, to cast their votes….
Information, Privacy and Data Security Post
Hicks Morley Information & Privacy Post – Summer 2008
· 33 min readENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…
FTR Now
Information & Privacy Post – Volume-3, Number-1
· 35 min readIn this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…
Information, Privacy and Data Security Post
Information & Privacy Post – 2007 Year in Review
· 5 min readDear Friends: We published the first full year of the Post in 2007, and it has been rewarding throughout. If you were a regular reader, thank you. If not, the Hicks Morley Information and Privacy Post is our regular publication on the law of information and privacy. We’ve defined information and privacy in a way…
FTR Quarterly
2007 Fall issue
· 1 min readLEGAL DEVELOPMENTS Limits placed on duty to accommodate The new face of accessibility in Ontario The A-B-Cs of Medical Information Management PROFILE A firm commitment FOCUS ON LITIGATION Not your typical wrongful dismissal actions Download PDF