In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Insights
Human Resources Legislative Update
The federal government has announced a “Consultation on the Employment Equity Act Modernization” (Consultation) further to the final report (Final Report) tabled by the Employment Equity Act Review Task Force in December 2023. At the time the Final Report was tabled, the Minister of Labour announced the government’s initial commitments to modernize the Employment Equity…
Human Resources Legislative Update
On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….
Human Resources Legislative Update
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
Federal Post
Employment Equity Act Task Force Releases Final Report
· 10 min readOn December 11, 2023, the federal Employment Equity Act Review Task Force (Task Force) released its final report titled A Transformative Framework to Achieve and Sustain Employment Equity (Final Report). The Final Report included 187 recommendations on improving the federal Employment Equity Act (Act) and its framework. The Process The Act came into force in…
Human Resources Legislative Update
On March 1, 2022, new requirements will come into force that require universities and colleges to ensure that their sexual violence policies prevent discipline against a student who is found to have violated the institution’s drug and alcohol policies when such a violation is disclosed in the course of good faith efforts to report sexual…
Human Resources Legislative Update
On October 7, 2021, the Ontario government introduced Bill 13, Supporting People and Businesses Act, 2021 (Bill 13) for first reading. Among other things, Bill 13 includes proposed amendments to the Occupational Health and Safety Act as well as to the Education Act. Occupational Health and Safety Proposed amendments to the Occupational Health and Safety…
FTR Now
As a new academic year commences, the Ontario government is taking additional steps to address sexual violence on post-secondary campuses. The government has filed O. Reg. 646/21 (Amending Regulation), which amends O. Reg. 131/16, Sexual Violence at Colleges and Universities, made under the Ministry of Training, Colleges and Universities Act, to include additional protections for…
HR HealthCheck
On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….
FTR Now
All Ontario colleges and universities have an important task to complete soon. They must conduct a review of their sexual violence policies, and this review must consider student input.
Reaching Out
Reaching Out – Twelfth Edition
· 19 min readEven though the weather has been spring-like, we are pleased to provide our Fall 2016 edition of Reaching Out…
Reaching Out
Reaching Out – Eleventh Edition
· 19 min readIn this Issue: The Human Rights Tribunal rules that a man’s goatee is not protected by the Ontario Human Rights Code, WSIB and Mental Stress Claims and more…
Reaching Out
Reaching Out – Ninth Edition
· 21 min readDear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…