The Ontario Labour Relations Board (the OLRB) has provided guidance on the extent of an employer’s disclosure obligations under the Occupational Health and Safety Act (OHSA) when an investigation into workplace harassment has been conducted. In Shannon Horner v Stelco Inc. Lake Erie (Shannon Horner), the OLRB considered, for the first time, an employer’s disclosure…
Practice Area: Occupational Health
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
“Owners” of Construction Projects Are Employers Under Ontario’s OHSA: More on a Recent Ruling of the Supreme Court of Canada
On November 9, 2023, the Supreme Court of Canada (Supreme Court) issued a split decision in R. v. Greater Sudbury (City). The plurality of the Supreme Court upheld a decision of the Ontario Court of Appeal that an “owner” of a construction project can also be considered an “employer” with obligations to ensure safety on…
Supreme Court of Canada Finds “Owners” of Construction Projects Are Employers under Ontario’s OHSA
On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…
Federal Government Publishes Proposed Regulations Amending Certain Canada Labour Code Regulations and Invites Public Input
On October 28, 2023, the federal government issued a notice regarding proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (the Proposed Regulations). The Proposed Regulations would amend the hazardous substances requirements for five occupational health and safety (OHS) regulations under the Canada Labour Code. The Proposed Regulations look to fill gaps in…
Ontario Government Announces Consultations Related to Occupational Health and Safety Regulations
Ontario’s Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has announced two consultations on proposed changes to the Occupational Health and Safety Act (OHSA) and Regulations related to two occupational health and safety issues: protecting workers from heat stress and heat-related illnesses and poor outdoor air quality and workplace health and safety. The MLITSD…
Ontario Announces Changes to Mandatory Working at Heights Training Requirements for Programs and Providers
On May 17, 2023, Ontario announced changes to the training requirements for working at heights. The province has updated both the program and provider standards for mandatory working at heights training, noting that falling from heights is one of the leading causes of workplace fatality in a number of industries including construction. Currently, workers on…
Ontario Introduces Bill 91, Less Red Tape, Stronger Economy Act, 2023 and Announces Additional Amendments to Reduce Red Tape
On April 3, 2023, the Ontario government announced a range of measures related to pensions and employment (amongst other matters) in the province. On the same day, the government introduced Bill 91, Less Red Tape, Stronger Economy Act, 2023 (Bill 91) to implement some of those measures. Bill 91 and the additional measures are of…
Amendments to OHSA Regarding Naloxone Kit Requirement Proclaimed into Force – June 1, 2023
The amendments Bill 88, Working for Workers Act, 2022 made to the Occupational Health & Safety Act, which require certain employers to have a naloxone kit in the workplace, have been proclaimed into force effective June 1, 2023. As a result, starting on June 1, 2023, employers who become aware or ought reasonably to be…