Update on Medical and Personal Leaves under the Canada Labour Code, Upcoming Deadlines under the Accessible Canada Act, and More

In this Federal Post, we discuss the practical challenges confronting federal employers when implementing the new medical and personal leaves under the Canada Labour Code. We also look at upcoming compliance deadlines under the Accessible Canada Act regulations and the federal Pay Equity Act.

Ontario Tables Bill to Create Integrated Community Health Services Centres, and More

On February 21, 2023, the Ontario government tabled Bill 60, Your Health Act, 2023 for First Reading. The government states that the objective of the Bill is to reduce wait times for surgeries, procedures and diagnostic imaging ‘while enabling its new “As of Right” rules to automatically recognize the credentials of health care workers registered in other provinces and territories.’ If passed, Bill 60 would enact the Integrated Community Health Services Centres Act, 2023 (Proposed Act) which would create integrated community health services centres, among other things.

Ontario Proposes Amendments to Long-Term Care Sector Regulations

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…

Divisional Court Confirms Non-Construction Employer Provisions in Labour Relations Act Do Not Infringe Charter Rights

In Carpenters’ District Council of Ontario v. City of Hamilton, the Divisional Court dismissed an application for judicial review of an Ontario Labour Relations Board (Board) decision in which the union challenged the amendments to the non-construction employer (NCE) provisions in the Labour Relations Act (LRA). Specifically, the union challenged the constitutionality of Bill 66,…

Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.

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…

Employment Insurance Sickness Benefits Increase to 26 Weeks

The amendments contained in Bill C-30, Budget Implementation Act, 2021, No. 1, which permanently extend the maximum number of weeks available under employment insurance (EI) sickness benefits, have been proclaimed into force effective December 18, 2022. In this FTR Now we consider this development and its implications for employers. Extension from 15 to 26 Weeks…

Ontario Court Rules Bill 124 is Unconstitutional – What Now?

In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…

Court Finds Bill 124 to Be Unconstitutional

On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…

Companion Decisions Regarding Related Employers Released by the Ontario Court of Appeal; Confirm that the Ontario Labour Relations Board Is Owed Deference

On November 16, 2022, the Ontario Court of Appeal released its reasons in Turkiewicz (Tomasz Turkiewicz Custom Masonry Homes) v. Bricklayers, Masons Independent Union of Canada, Local 1 (Turkiewicz) and Enercare Home & Commercial Services Limited Partnership v. UNIFOR Local 975 (Enercare). These companion decisions consider the Ontario Divisional Court’s application of the reasonableness standard…