On October 16, 2020, the Supreme Court of Canada released its decision in Fraser v. Canada (Attorney General). Justice Abella, writing for the majority, held that the inability of members who participated in a job-sharing program to “buy back” pension credits under the employer’s pension plan amounted to discrimination on the basis of sex, contrary to s. 15(1) of the Charter of Rights and Freedoms. In separate dissenting reasons, Justices Brown and Rowe on the one hand and Justice Côté on the other held that the appeal ought to have been dismissed, although for different reasons.
Industry: Energy & Utilities
Important Updates Regarding the Extension of the Canada Emergency Wage Subsidy (CEWS)
On October 14, 2020, the Department of Finance Canada released its latest backgrounder regarding the CEWS. The Extending the Canada Emergency Wage Subsidy backgrounder (Backgrounder) summarizes a number of new and recently announced changes to the CEWS, including the extension of the CEWS to June 2021.
Ottawa, Toronto and Peel Region Now Subject to Modified Stage 2 Rules
Effective October 10, 2020, Ottawa, Toronto and Peel Region are subject to the Rules for Areas in Stage 2 as modified by O. Reg. 572/20 (Modified Rules) as a result of the increase in COVID-19 cases in these areas. The Office of the Premier has advised that the Modified Rules will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.
Supreme Court Clarifies Employee Incentive Plan Entitlements During Notice Period
On October 9, 2020, the Supreme Court of Canada released its decision in Matthews v. Ocean Nutrition Canada Ltd. It confirmed that where terminated employees would be entitled to a bonus or other incentive payments during the reasonable notice period, employers must use clear and unambiguous language to remove or limit their common law rights. The Supreme Court also distinguished between the obligation to provide reasonable notice of termination and a breach of the duty to exercise good faith in the manner of dismissal.
New Version of Employment Standards Poster is Available
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…
New Province-Wide Masking Requirements Now in Force; Additional Restrictions for Ottawa, Toronto and Peel Region
Ontario has again revised its Rules For Areas In Stage 3 (Rules) in light of the increasing numbers of COVID-19 cases in Ontario. The new rules include a province-wide mandatory masking requirement and additional restrictions for Ottawa, Toronto and Peel Region Public Health Units (defined as the “Enhanced Measures Zone”). The changes came into force on October 3, 2020.
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…
COVID-19 Leave in Canada Labour Code to be Extended
Early on September 30, 2020, the federal House of Commons passed Bill C-4, COVID-19 Response Measures Act. It amends the Leave Related to COVID-19 provisions of the Canada Labour Code to extend the leave to September 25, 2021. It also enacts the Canada Recovery Benefits Act which establishes certain benefits as a result of COVID-19….
Employers Take Note: New Requirements for COVID-19 Screening for Employees and Essential Visitors Now in Effect **
The Ontario government has announced that Ontario employers are now required to apply a COVID-19 screening test to employees and essential visitors before they enter the workplace.
Proposed Extension of Current Canada Emergency Wage Subsidy (CEWS) Calculation for Inactive Employees Through Claim Period 8
The federal government has announced that it intends to extend the current treatment of employees on leave with pay under the Canada Emergency Wage Subsidy (CEWS) program by a further four weeks, from September 27, 2020 to October 24, 2020 (CEWS claim period 8).