On February 13, 2021, the federal government issued a notice regarding the proposed Accessible Canada Regulations (Proposed Regulations), which establish a proposed framework to promote compliance with accessibility requirements under the Accessible Canada Act (ACA). The Proposed Regulations would apply to entities under federal jurisdiction. In this Federal Post, we provide an overview of the…
Practice Area: Employment Law
Ontario Publishes Further Update to its Screening Tool for Workers
On February 10, 2021, the Ontario government updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). The update clarifies that the Tool applies to all regions in Ontario (Rules for Areas in Stages 1, 2 and 3) and that employers must ensure that workers are screened before they go to work or…
Public Input Regarding Exemptions From The Police Record Checks Reform Act, 2015 Requested
On February 10, 2021, the Ontario government published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their…
Ontario’s Regional Approach to Pandemic Management: Amendments to the Yellow, Orange, Red and Grey Zones
The Ontario government is continuing its recently announced return to a regional approach to pandemic management and to a modified provincial COVID-19: Response Framework. The first phase, discussed in greater detail in our February 10, 2021 FTR Now, involved the creation of a new Shutdown Zone as part of the Rules for Areas in Stage…
Supreme Court of Canada Clarifies Principle of Good Faith in Contracts
On February 5, 2021, the Supreme Court of Canada released its decision Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, in which it commented on and clarified the principle of good faith in contracts, a principle previously recognized by the Court in Bhasin v. Hrynew. Background The case involved a contract between…
Ontario Ends Declared Emergency and Resumes Regional Approach to Pandemic Management
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.
Enforceability of Minimum Standards-Only Termination Clauses in Employment Contracts – What Employers Need to Know
On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…
Redeployment Ability of Health Service Providers (Including Hospitals) Expanded
On January 18, 2021, the Ontario government amended Ontario Regulation 74/20, Work Redeployment For Certain Health Service Providers (Regulation), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments – which came into effect January 18, 2021 – are intended to help alleviate the increasing staffing and capacity issues faced by…
Ontario Makes Further Amendments to COVID-19 Rules
On January 9, 2021, the Ontario government filed three regulations made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 amending the Rules for Areas in Stages 1, 2 and 3, which set out the restrictions in light of COVID-19. Among other things, Ontario Regulation 6/21 makes the following amendments to the…
Lockdown Extended in Northern Ontario; On-Line Learning for Elementary Students in Southern Ontario Extended to January 25, 2021
On January 7, 2021, the Ontario government announced that it is extending the current provincial lockdown an additional 14 days for the 7 public health unit regions in Northern Ontario. This will align the length of their lockdown with the length of the lockdown for the regions in Southern Ontario. The government also announced that…