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

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 read

In 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

On 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 read

With 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 read

On 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 read

On 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 Quarterly

FTR Quarterly – Issue 8

· 13 min read

In This Issue 10 Top Developments in Human Resources Law in 2017 The Road Ahead: Key 2018 Implementation Dates Featured Lawyer – Jeffrey Goodman Cross-Border Expertise Featured Articles 10 Top Developments in Human Resources Law in 2017 By: Amanda Lawrence-Patel 2017 was quite a year for news – with harassment revelations that have rocked institutions…

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 read

On 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 read

On 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 read

On 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…

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 Budget Bill 2016 Passes

· 1 min read

On 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 read

On 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

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

On 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 read

On 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 read

On 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”…

FTR Now

Ontario Budget 2016

· 17 min read

On 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”). In this FTR Now, we highlight some of the key proposals that are of particular interest to employers, human resources…

Human Resources Legislative Update

Ontario Introduces PTSD Legislation

· 1 min read

On 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…

Raising the Bar

Raising the Bar – Eleventh Edition

· 12 min read

Dear Friends, As we are heading into the busy holiday season, we wanted to give you, our loyal RTB readers, some reading material for any quiet moments that you might be able to steal before the New Year. We are delighted to bring you this newest edition of RTB. In this edition, we bring you…

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…

Raising the Bar

Raising the Bar – Ninth Edition

· 17 min read

Dear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…

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 read

The 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 read

The 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 read

Once 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

Hicks Morley Introduces Case Law Blog

· 3 min read

Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…

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 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…