On January 3, 2022, the Ontario government announced that in light of the surge in COVID-19 cases, the province will be moving to modified Rules for Areas in Stage 2 of its Roadmap to Reopen plan. These changes will come into effect on January 5, 2022 at 12:01 a.m. and will remain in effect until…
Insights
Human Resources Legislative Update
On January 7, 2021, the Ontario government announced that it is extending the current provincial lockdown an additional 14 days for the 7 public health unit regions in Northern Ontario. This will align the length of their lockdown with the length of the lockdown for the regions in Southern Ontario. The government also announced that…
Federal Post
Modernizing Federal Labour Standards, and More
· 5 min readIn this Federal Post, we look at the recently released study on modernizing labour standards in the federally regulated private sector, the second such study in the last few years.
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.
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.
Human Resources Legislative Update
On April 4, 2019, the President of the Treasury Board, Peter Bethlenfalvy, delivered a speech entitled The Path to Balance: Protecting What Matters Most in which he announced that the Ontario government will engage in consultations with public sector employers and bargaining agents on how to best manage compensation growth in the public sector. In…
Human Resources Legislative Update
On March 21, 2019, Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, was referred for Third Reading in the Ontario Legislature by the Standing Committee on General Government, with amendments. Bill 66 is omnibus legislation that, if passed, will amend the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA) and the Pension…
FTR Now
Federal Budget 2019 – Something for (Almost) Everyone?
· 16 min readOn March 19, 2019, the federal government tabled its 2019 Budget, “Investing in the Middle Class.” This is an election year, and there is a wide array of initiatives sprinkled throughout the Budget, covering many groups and sectors. There is something for (almost) everyone. In this FTR Now, we focus on the key employment, labour, executive compensation, pension and employee benefits announcements of most interest to employers, human resources professionals, plan sponsors and administrators.
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.
FTR Now
In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.
FTR Now
Federal Budget 2018
· 16 min readOn February 27, 2018 the federal government tabled its 2018 Budget, Equality & Growth: A Strong Middle Class (Budget). The Budget contains several key initiatives, including a new Employment Insurance parental sharing benefit, the permanent extension and expansion of the Employment Insurance Working While on Claim pilot project…
Human Resources Legislative Update
2018 Federal Budget Tabled
· 1 min readOn February 27, 2018, the federal government tabled its Budget 2018, Equality + Growth: A Strong Middle Class. We are currently reviewing the Budget and an FTR Now which highlights initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website. (Editor’s Note: Our FTR Now,…
FTR Nexus
While Canada and the United States are alike in many respects, there are a few key differences in labour law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada…
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 June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). On the same date, the Bill was referred to the Standing Committee on Finance and Economic Affairs….
Human Resources Legislative Update
Ontario 2017 Budget Bill Passes
· 1 min readOn May 17, 2017, the Ontario government passed Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2017. See our FTR Now of May 2, 2017, Ontario Budget 2017, for a detailed discussion of those initiatives which are of interest to employers, human resources…
FTR Now
Ontario Budget 2017
· 10 min readOn April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario” (Budget) and Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017 (Budget Bill), omnibus legislation designed to implement some of the proposals contained in the Budget. In this FTR Now, we highlight key proposals that are of particular interest to…
Human Resources Legislative Update
Ontario Tables 2017 Budget
· 1 min readOn April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario.” We are in the process of reviewing the Budget, and an FTR Now highlighting measures of interest to employers, human resources professionals and pension plan administrators will be available on our website in the coming days. Editor’s Note: Bill 127, Stronger,…
FTR Now
Theft of opioids by an employee who subsequently asserts a substance abuse problem can be a particularly challenging workplace issue for healthcare sector organizations. But in this most recent case, the arbitrator upheld a just cause discharge as an appropriate disciplinary response…
FTR Now
The Holiday Party: A Checklist for Employers
· 5 min readWith seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend office parties or other celebrations…
Human Resources Legislative Update
On May 9, 2016, the Ontario government filed O. Reg. 129/16 made under the Education Act. O. Reg. 129/16 amends O. Reg. 221/11 (Extended Day and Third Party Programs) and is the supporting regulation to amendments made to the Education Act by the Child Care Modernization Act, 2014. Those amendments set out requirements for a…
Human Resources Legislative Update
Ontario Re-Introduces Bill to Protect Students
· 2 min readOn May 17, 2016, the Ontario government re-introduced legislation to improve the discipline and investigation processes of the Ontario College of Teachers…
Human Resources Legislative Update
Ontario Budget Bill 2016 Passes
· 1 min readOn April 13, 2016, the Ontario government passed Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2016. See our FTR Now of February 29, 2016, Ontario Budget 2016, for a detailed discussion of those initiatives of interest to employers, human resources professionals and…
Human Resources Legislative Update
The Ontario Ministry of Labour has announced that it will do over 20 targeted blitzes at Ontario workplaces from May 2, 2016 to March 31, 2017. The Ministry will investigate potential violations of employment standards and occupational health and safety laws at targeted workplaces which include food services, retail stores, construction sites, mines and, in…
Human Resources Legislative Update
Ontario Passes PTSD Bill
· 1 min readOn April 5, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed Third Reading as amended by the Standing Committee on Social Policy. As previously reported, Bill 163 amends the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation benefits to certain…
Human Resources Legislative Update
Ontario Minimum Wage to Increase October 1, 2016
· 1 min readOn October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees. Minimum wage rates for specified students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
Human Resources Legislative Update
On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…
Human Resources Legislative Update
On July 1, 2016, noise protection requirements will be extended to all Ontario workplaces pursuant to O. Reg. 381/15 made under the Occupational Health and Safety Act. The noise protection requirements currently found in the following regulations will be revoked effective July 1, 2016: Regulation 851 – Industrial Establishments (s. 139) (O. Reg. 382/15) Regulation 854…
Human Resources Legislative Update
Ontario Passes Sexual Violence and Harassment Bill
· 2 min readOn March 8, 2016, the Ontario government passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, as amended by the Standing Committee on Social Policy. Bill 132 amends various statutes with respect to sexual violence and harassment, domestic violence and other matters. In addition to…
Human Resources Legislative Update
PTSD Bill Passes Second Reading
· 1 min readOn March 3, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed second reading and was referred to the Standing Committee on Social Policy. As previously reported, if passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation…
Human Resources Legislative Update
2016 Ontario Budget and Budget Bill Released
· 1 min readOn February 25, 2016, the Ontario government tabled its 2016 Budget “Jobs for Today and Tomorrow” (“Budget”) and the corresponding Budget Bill, Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016 (“Bill 173”), supporting omnibus legislation designed to implement some of the proposals contained in the Budget. Our FTR Now of February 29, 2016, “Ontario Budget 2016”…
Human Resources Legislative Update
Ontario Introduces PTSD Legislation
· 1 min readOn February 18, 2016, the Ontario government introduced Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016. If passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation benefits to certain workers diagnosed with post-traumatic stress disorder. If passed, Bill…
Human Resources Legislative Update
On January 1, 2016, provisions of Schedule 9 of the Public Sector and MPP Accountability and Transparency Act, 2014 came into force. These provisions amend the Ombudsman Act (“Act“) to expand the jurisdiction of the Ontario Ombudsman to investigate matters related to publicly-funded universities and municipal sector entities (defined as municipalities, local boards and municipally-controlled corporations). On September 1, 2015, provisions…
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
The Ontario government has filed O. Reg. 235/14, amending Regulation 909 of the Pension Benefits Act (“PBA”) in respect of new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”), requirements to provide periodic statements to former and retired members and the content of annual member statements. Draft regulations (“Draft Regulations”) were previously released for…
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
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,…
Case In Point
Today, the Court of Appeal for Ontario rendered its long anticipated decision in Blue Mountain Resorts Limited v. Ontario (Labour). It overturned a finding of the Ontario Labour Relations Board, upheld on judicial review by the Divisional Court, that the drowning of a Blue Mountain hotel guest in the hotel’s swimming pool was reportable under…
News
The Ontario Labour Relations Board recently exercised its discretion under section 1(4) of the Labour Relations Act, 1995 and dismissed a related employer application without a hearing. The union, which had exercised its bargaining rights with a subcontractor, alleged that the principle of that subcontractor was a “ghost at the bargaining table” and was in…
Case In Point
A recent decision of the Ontario Labour Relations Board may be of significance to employers who retain sub-contractors on a regular basis. The Board found that York Region and York BRT, an operation which contracted with York Region to provide it with transit services, were not related employers under subsection 1(4) of the Labour Relations…
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…
Case In Point
The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…
Case In Point
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
FTR Now
On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…
FTR Quarterly
2009 Winter issue
· 1 min readFOCUS ON WORKPLACE HEALTH AND SAFETY Use WSIB experience rating to achieve positive outcomes for your organization LEGAL DEVELOPMENTS Investigations in the workplace: proceed, but with care Responding to difficult economic times PROFILE Safety first Download PDF
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…