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…
Insights
Human Resources Legislative Update
As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…
FTR Now
On February 18, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act (Guide) to include chapters on written policy on disconnecting from work and non-compete agreements. The chapters provide guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
Human Resources Legislative Update
On October 17, 2019, one year after Canada legalized the sale and purchase of dried and fresh cannabis, oil, seeds, and plants, the government of Canada’s amendments to the Cannabis Regulations made under the federal Cannabis Act will come into force, establishing rules for the legal production and sale of three new classes of cannabis….
FTR Now
The prescribed signs that employers, proprietors and others will be required to post under the Smoke-Free Ontario Act, 2017 are now available on an Ontario government website.
Human Resources Legislative Update
Further to our FTR Now of October 18, 2018, Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force, the government of Ontario has now posted information regarding the new rules under the Act as well as the signs required to be posted by employers and others…
FTR Now
On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force. On the same date, the Smoke-Free Ontario Act, 2017 (SFOA) was also proclaimed into force, effective October 17, 2018. Learn more in this FTR Now.
Human Resources Legislative Update
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. On the same day, it published proposed cannabis-related amendments to two regulations, for comment by October 7, 2018. Smoke-Free Ontario Act, 2017 Proposed Regulation If Bill 36 passes, the government is considering changes to O. Reg. 268/18 made…
FTR Now
Recreational Cannabis Update
· 5 min readOn September 27, 2018, the Ontario government introduced Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will make significant amendments to the Cannabis Act, 2017, create the new Cannabis Licence Act, 2018 and will amend various provincial legislation to adjust for the upcoming legalization of recreational cannabis on October 17, 2018.
Human Resources Legislative Update
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and will make amendments to the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017 and the Smoke-Free Ontario Act, 2017, as well as consequential amendments…
FTR Views
Cannabis in the Workplace: Workplace Policy [Video]
· 5 min readIn light of the upcoming legalization of recreational cannabis, it is critical that employers review all current policies to determine whether revisions are required. In this video, Jacqueline Luksha reviews key features of a Drug and Alcohol policy related to cannabis in the workplace. She also discusses the importance of training regarding cannabis use, and touches on policies dealing with accommodation requests.
FTR Views
Medical Marijuana in the Workplace [Video]
· 5 min readWith an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond. In this video, Jacqueline Luksha discusses the implications of medical marijuana in the workplace and at places of business, touching on the duties of employers and service providers to accommodate medical marijuana’s use while ensuring a safe work environment. To assist employers and service providers, she provides some best practices on how to meet those obligations.
Case In Point
In a helpful decision for employers, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, the Ontario Superior Court recently denied an application by the Amalgamated Transit Union, Local 113 and others (Applicants) for an interlocutory injunction to restrain the implementation of the Toronto Transit Commission’s (TTC) random drug and alcohol testing, pending completion of…
Human Resources Legislative Update
On April 13, 2017, the federal government introduced Bill C-45, the Cannabis Act. If passed, Bill C-45 will, among other things: permit persons age 18 and over to possess up to 30 grams of dried or fresh cannabis permit the government to authorize the possession, production, distribution, sale, importation and exportation of cannabis where authorized…
FTR Quarterly
2015 Spring Edition
· 1 min readFOCUS ON HUMAN RIGHTS All-pervasive: human rights in the workplace LEGAL DEVELOPMENTS Medical marijuana and the workplace: what’s your legal obligation? Preventing sexual harassment in the workplace PROFILE Diversity first Download PDF
Case In Point
Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…
Reaching Out
Reaching Out – Sixth Edition
· 23 min readDear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…
Case In Point
In an important decision on the reach of administrative law, the Court of Appeal for Ontario held that a private school’s decision to expel a student for smoking marijuana in his dorm room was not subject to judicial review by the courts. The private school, Appleby College, is incorporated by a Special Act of the…
Raising the Bar
Raising the Bar – Seventh Edition
· 13 min readWe are very pleased to bring you the final issue of Raising the Bar for 2013. We wish you all the best for the new year and we look forward to keeping you up to date on the latest legal developments in 2014. In this issue, we shine a light on the law of relevance,…
News
The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…
Case In Point
A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
Case In Point
A five-member panel of the Saskatchewan Court of Appeal has overturned a lower court decision which had found in part that restrictions on the right to strike in The Public Service Essential Services Act infringed the freedom of association guarantee in section 2(d) of the Canadian Charter of Rights and Freedoms. The Court of Appeal…
Raising the Bar
Raising the Bar – Fifth Edition
· 14 min read“Learn from yesterday, live for today, hope for tomorrow.” Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…
News
The Supreme Court of Canada will be providing further clarification on the freedom of association guarantee in the Charter and the scope of collective bargaining. The Court has recently granted leave to appeal in Mounted Police Association of Ontario v. Canada, where the Court of Appeal for Ontario found that a separate labour relations scheme…
Case In Point
On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…
FTR Now
Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…