Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA

A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…

Ontario Extends Stay-at-Home Order; Implements Further Restrictions

On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…

Ontario Makes Emergency Order to Permit Redeployment of Health Professionals by LHINs and Ontario Health

On April 9, 2021, the Ontario government announced that it has made two orders under the Emergency Management and Civil Protection Act (EMCPA). The first order relates to the redeployment of certain health care professionals and other workers to hospitals. The second order relates to the transfer of patients to alternative sites. The government states…

Federal Government Extends COVID-19 Leaves under Canada Labour Code

On March 31, 2021, the federal government published regulations amending the Canada Labour Standards Regulations made under the Canada Labour Code to increase the length of the existing federal COVID-19 leaves. These changes took effect on March 15, 2021.  Therefore, employees in federally regulated workplaces continue to be entitled to the following two job-protected unpaid…

Ontario Tables 2021 Budget

On March 24, 2021, the Ontario government tabled its 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy (Budget), and introduced supporting implementation legislation, Bill 269, Protecting the People of Ontario Act (Budget Measures), 2021.   In this FTR Now, we highlight certain aspects of the Budget that are of broad interest to…

Court Finds Workplace Violence and Harassment Dispute Falls Within Exclusive Jurisdiction of Labour Arbitrator

The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…

Temporary Wage Enhancement For Personal Support Workers and Others to be Extended

The Ontario government has announced that the temporary wage enhancement for personal support workers and direct support workers in publicly funded home and community care, long-term care, public hospitals, and social services sectors will be extended until June 30, 2021. At that time, the wage enhancement will again be reviewed by the government. The temporary…

Redeployment Ability of Health Service Providers (Including Hospitals) Expanded

On January 18, 2021, the Ontario government amended Ontario Regulation 74/20, Work Redeployment For Certain Health Service Providers (Regulation), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments – which came into effect January 18, 2021 – are intended to help alleviate the increasing staffing and capacity issues faced by…

Federal Government Proposes New Holiday: National Day for Truth and Reconciliation

On September 29, 2020, the federal government tabled Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation). If passed, Bill C-5 would create a new federal holiday entitled the National Day for Truth and Reconciliation, with the purpose of…