While Canada and the United States are alike in many respects, there are a few key differences in employment law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.
Practice Area: Employment Law
Ontario Introduces Cannabis, Smoke-Free Ontario and Road Safety Legislation
On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 omnibus legislation which would, if passed, regulate the cultivation, sale, distribution and consumption of cannabis in Ontario, enact the Smoke-Free Ontario Act, 2017 and make amendments to the Highway Traffic Act relating to impairment by cannabis and road safety. Among other things, the Bill provides the provincial framework for the federal Bill C-45, Cannabis Act.
FTR Quarterly – Issue 7
In This Issue Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected FTRQ&A – Chronic Mental Stress Pension Plan Funding Reform: At the Precipice Pension, Benefits & Executive Compensation Featured Articles Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected By: Henry Dinsdale A number of recent changes to the…
Changes to EI Benefits and Canada Labour Code Leaves to Take Effect on December 3, 2017
As previously reported, amendments to the Employment Insurance Act were passed by the federal government on June 22, 2017 when Bill C-44, Budget Bill Implementation Act, 2017, No. 1 received Royal Assent. These amendments have been proclaimed into force effective December 3, 2017. The changes to the employment insurance (EI) regime, among other things, allow…
Ontario Court Affirms Plaintiff’s Evidentiary Burden Under The Class Proceedings Act, 1992
In Bartholomew v. Coco Paving Inc. et al, the Ontario Superior Court recently rendered a helpful decision in dismissing a motion for certification of a proposed class action. The Court re-affirmed the evidentiary burden which must be met by a plaintiff in satisfying the four tests under sections 5(1)(b) through 5(1)(e) of the Class Proceedings…
New Public Hearing Dates for Bill 148 Consultation Announced for Next Week (Note 5 p.m. Deadline Today)
On October 26, 2017, the Standing Committee on Finance and Economic Affairs (Committee) announced that it intends to hold another round of public hearings in Toronto with respect to Bill 148 next week. Please note the deadline of today at 5:00 p.m. to notify the Committee of an intention to participate in the hearings next…
Ontario Consulting on ESA Exemptions
On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review
On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…
Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause
It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…