Ontario Introduces Legislation to Protect Pension Plan Whistle-blowers

On November 4, 2021, the Ontario government introduced Bill 43, Build Ontario Act (Budget Measures), 2021 (Bill 43) for first reading. Among other things, Bill 43 includes proposed amendments to the Financial Services Regulatory Authority of Ontario Act, 2016 (FSRA Act) to include protections for whistle-blowers in the pension sector and the other sectors regulated…

Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy

On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…

Ontario Proposes Legislative Changes to the Long-Term Care Sector

On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…

Supreme Court of Canada Concludes Arbitrators Can Have Exclusive Jurisdiction Over Human Rights Claims

In Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada held that the Manitoba Human Rights Commission (Commission) did not hold concurrent jurisdiction over a human rights dispute involving a unionized workplace. Rather, a labour arbitrator held exclusive jurisdiction over the dispute.     In this FTR Now, we provide a summary of Horrocks…

Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation

On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…

Federal Government Phasing Out COVID-19 Support Measures

On October 21, 2021, the federal government announced that two key pandemic programs, the Canada Recovery Benefit (CRB) and the Canada Emergency Wage Subsidy (CEWS), would not be extended past October 23, 2021. It has proposed extending the Canada Recovery Hiring Program (CRHP)—with narrowed criteria—to May 7, 2022. It also plans to introduce two new programs—The Tourism and Hospitality Recovery Program and the Hardest-Hit Business Recovery Program—that would provide rent and wage subsidies, as well as lockdown support for a targeted set of businesses and organizations, until May 7, 2022, with the possibility of extension until July 2, 2022. The details of the two programs are set out in the Backgrounder, “Targeting COVID-19 Support Measures.”

Proposals to Ease Regulatory Burdens for Administrators of Defined Contribution Pension Plans

On October 7, 2021, the Ontario government released draft amendments to Ontario Regulation 909 under the Pensions Benefits Act, which will eliminate certain prescribed requirements for administrators of Defined Contribution (DC) pension plans. In this FTR Now, we highlight the key details of these proposed changes that will be of significant interest to administrators of…

Ministry Issues Directive for Vaccination Requirements in Long-Term Care Homes

On October 1, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive sets out COVID-19 vaccination requirements for staff, support workers, student placements and volunteers (Covered Individuals) working in long-term care homes and applies regardless of the frequency or duration of their attendance at the…

Federal Government Announces COVID-19 Vaccination Requirements for Travellers and Federal Sector Employees

On October 6, 2021, the federal government announced that as of October 30, 2021, all travellers departing from Canadian airports, travelling on VIA Rail and Rocky Mountaineer trains or travelling on non-essential marine passenger vessels must be fully vaccinated. The government also announced that, effective October 30, the federally regulated transportation sector will be required…