On October 28, 2022, the Canadian Human Rights Commission (Commission) announced that it had updated its Complaint Rules (Updated Rules). The Updated Rules apply to all complaints received after October 19, 2022. The Updated Rules also apply to complaints entering the next stage in the Commission’s complaint process after October 19, 2022. In this Federal…
Industry: Education
Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner
On October 27, 2022, the Ontario government tabled Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. If passed, Bill 26 would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to provide measures for post-secondary institutions to address faculty and staff sexual abuse towards students. Amendments to…
Update on the Incoming Paid Medical Leave Under the Canada Labour Code
Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just…
Human Rights Tribunal of Ontario Determines It Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims
The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…
Employers Take Note: Employees Entitled to Paid Time Off to Vote in Upcoming Municipal Election
Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections Act, 1996 (Act), 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…
Recent Case of Note from the Human Rights Tribunal of Ontario
Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…
September 19, Day of Mourning: What Employers Should Know
On September 13, 2022, Prime Minister Trudeau announced that September 19, 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral, will be designated a National Day of Mourning and a designated holiday for the public service of Canada (i.e. employees of the Government of Canada’s departments, agencies and other public bodies). The day…
Arbitrator Upholds Mandatory Vaccination Policy but Finds Enforcement Mechanisms (Suspension and Termination) Unreasonable
On August 26, 2022, Arbitrator Derek Rogers released Toronto Professional Fire Fighters’ Association, I.A.A.F. Local 3888 and City of Toronto in which he considered the reasonableness of the mandatory COVID-19 vaccination policy (Policy) of the City of Toronto (City). The Arbitrator found that the Policy itself was, and remains, reasonable. However, he found that the…
Arbitrator Finds University’s Vaccination Policy to be Reasonable
On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…
Ministry Updates ESA Guide on Electronic Monitoring Policies
On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…