As we previously reported, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28) on October 31, 2022. On November 3, 2022, Bill 28 received Royal Assent and is now law. As a result, it creates collective agreements between school boards and the Canadian Union of Public Employees (CUPE) with terms…
Practice Area: Employment Law
Ontario Tables Significant Legislation Impacting School Board Sector
On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28 or the Bill) which, if passed, would enact and implement new central terms for collective agreements between the Council of Trustees’ Associations and the Canadian Union of Public Employees (CUPE). These collective agreements would have a term…
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…
Supreme Court of Canada Denies Leave to Appeal in Public Sector Wage Restraint Legislation Case
On October 27, 2022, the Supreme Court of Canada dismissed an application for leave to appeal Manitoba Federation of Labour et al v The Government of Manitoba. In that case, the Manitoba Court of Appeal (Court) upheld the constitutionality of the province’s public sector wage restraint legislation. The Court based its decision on the case…
Employers Take Note: Incoming Changes to Competition Act
Employers should take note of recent amendments made to the Competition Act (Act) by Bill C-19, Budget Implementation Act, 2022, No. 1 which will come into force on June 23, 2023. The amendments make it a criminal offence for an employer to conspire, agree or arrange with an unaffiliated employer to fix, maintain, decrease or…
Proposed Regulation Requiring Federally Regulated Employers to Provide Menstrual Products Published for Comment
On October 15, 2022, the federal government published a proposed Regulation Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products). The proposed Regulation would amend the sanitation provisions in the Occupational Health and Safety Regulations (OHS Regulations) made under Part II (Occupational Health and Safety) of the Canada Labour Code. The proposed Regulation…
Two Recent Class Action Decisions of Note for Employers
In this latest edition of Common Ground? Class Action Updates, we discuss two recent decisions of interest to employers. The first is a certification order relating to a systemic claim of negligence within a workplace. The second considers a plausible methodology to measure compensable loss. Federal Court Certifies Class Action Brought by Current and Former…
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…
Federal Government Publishes Proposed Canada Labour Code Regulations Regarding Reimbursement of Work-Related Expenses, and More
On October 1, 2022, the federal government published two proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Regulations) amending the Canada Labour Standards Regulations. The Regulations pertain to the reimbursement of work-related expenses and employee information and the service of documents and regular rate of wages. The proposed Regulations have been published…
Court Finds that Placing Employee on Unpaid Leave for Failure to Comply with Vaccination Policy was not Constructive Dismissal
In Parmar v Tribe Management Inc., the British Columbia Supreme Court recently found that an employee was not constructively dismissed when she was placed on an unpaid leave of absence for refusing to comply with her employer’s mandatory COVID-19 vaccination policy (Policy). The Court held that the employer’s decision to place the employee on the…