On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. Bill 149 amends several statutes including the Employment Standards Act, 2000 (ESA), Workplace Safety and Insurance Act, 1997 (WSIA), Digital Platform Workers’ Rights Act, 2022 (DPWRA), and Fair Access to Regulated Professions and Compulsory Trades Act, 2006…
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Key Legal Issues on “Safe Sport” in Canada: Latest Developments on Policy and the Law
Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…
Supreme Court of Canada Finds Individuals Have a Privacy Interest in Their IP Addresses
In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…
WSIB Revises Mental Stress Policies to Clarify Role of Witnesses
The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…
WSIB Amends Its Appeals Practices and Procedures
Following a recent stakeholder consultation, in February 2024 the Workplace Safety and Insurance Board (WSIB) published changes to its Appeals Practices and Procedures. The WSIB reports these changes will improve its “efficiency in providing timely, quality decisions and excellent customer service.” Some key changes include:
Ontario Tables Bill Introducing Policy Requirements for Colleges and Universities
Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166) was tabled by the Ontario Minister of Colleges and Universities (Minister) on February 26, 2024. If passed, Bill 166 will require every college of applied arts and technology (College) and publicly assisted university (University) to have a student mental health policy and a policy…
Employment Termination Clauses Under Scrutiny – The Latest Update
In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed
On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…
Looking Ahead to 2024: A Newsletter for Social Services Employers
Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…