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Human Resources Legislative Update

The Ministry of Labour, Training and Skills Development (Ministry) has launched a Consultation on Improving Health and Safety Requirements relating to Tower Cranes, which aims to update current legislative requirements for the operation of tower cranes. The consultation is focused on the requirements set out in the Construction Project Regulation, O. Reg. 213/91, and O….

Human Resources Legislative Update

The Ontario Ministry of Labour, Training and Skills Development (Ministry) is seeking input from interested parties in respect of regulatory proposals to modernize the Notice of Project and worker head protection requirements for workplaces in Ontario that fall under the Occupational Health and Safety Act (OHSA). Proposed Changes to Notice of Project Requirements The intention…

Human Resources Legislative Update

In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), new accessibility standards are developed through Standards Development Committees. The initial recommendations of the Postsecondary Education Standards Development Committee for the development of postsecondary accessibility standards under the AODA were published on June 25, 2021. The Committee is seeking input from the public…

Human Resources Legislative Update

On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…

Case In Point

In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…

Case In Point

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Human Resources Legislative Update

On June 7, 2021, the Ontario government filed amendments to a number of regulations made under the Occupational Health and Safety Act (OHSA). Most of the amendments relate to the reporting of workplace accidents, which consolidate the notice of death or critical injury reporting requirements found in several regulations under the OHSA into one regulation—Ontario…

Human Resources Legislative Update

The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…

FTR Now

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….

Human Resources Legislative Update

On May 7, 2021, the Health Care Standards Development Committee (Committee) published initial recommendations for the development of health care accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 22 recommendations provide guidance on how to integrate accessibility in health care planning and how to identify, remove and prevent recurring barriers….