Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…
Industry: Mining & Natural Resources
Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights
In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada has upheld a decision of the Alberta Human Rights Tribunal (Tribunal) which concluded that an employee who had a cocaine addiction was not dismissed because of that addiction; rather, he was dismissed for breaching his employer’s Alcohol, Illegal Drugs & Medical Policy (Policy)…
The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers
In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…
Bill 148 and the ESA – Changes are on the Horizon for Ontario Employers
On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), its highly anticipated response to the Final Report from the Changing Workplaces Review. If passed, Bill 148 would introduce a range of changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995…
Ontario Legislature Adjourns Until September 11, 2017
On June 1, 2017, the Ontario Legislature adjourned for the summer break. It is scheduled to resume sitting on September 11, 2017.
Ontario Proposes Legislative Overhaul of Labour Relations Act, 1995 in Bill 148 – Are you Prepared?
The provincial government has wasted little time in responding to the Final Report of the Special Advisors under Ontario’s Changing Workplaces Review (Final Report). On June 1, 2017, the government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation that if passed, will implement significant reforms to both the Employment Standards Act, 2000…
Anti-Racism Act, 2017 Now in Force
On June 1, 2017, Bill 114, the Anti-Racism Act, 2017 received Royal Assent and came into force. Among other things, the Anti-Racism Act, 2017 (Act): requires the Ontario government to maintain an anti-racism strategy which includes: initiatives to eliminate systemic racism, including those that assist racialized groups that are most adversely impacted by systemic racism,…
Ontario Tables Bill to Amend Employment and Labour Laws
On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). On the same date, the Bill was referred to the Standing Committee on Finance and Economic Affairs….
Ontario to Introduce Significant Amendments to Employment and Labour Laws
On May 30, 2017, the Ontario government announced its intention to introduce The Fair Workplaces, Better Jobs Act, 2017 (Act), omnibus legislation proposing a series of broad ranging, significant amendments to Ontario’s Employment Standards Act, 2000 and Labour Relations Act, 1995. According to the government’s announcement, the Act will contain a package of proposed legislative…
Le rapport final de l’examen portant sur l’évolution des milieux de travail – Analyse des normes d’emploi
Dans notre troisième mise à jour relative au rapport final de l’examen portant sur l’évolution des milieux de travail (le « Rapport final »), nous axons notre analyse sur les recommandations liées à la Loi de 2000 sur les normes d’emploi. Alors que plusieurs recommandations portent sur des changements proposés à des normes spécifiques, le Rapport final insiste particulièrement sur les mesures de conformité dans le cadre d’initiatives tant dans le domaine de l’éducation que de l’application de la loi, le tout en vue de parvenir à une « culture de convenance et de conformité » en Ontario…