On December 2, 2021, Bill 27, Working for Workers Act, 2021, received Royal Assent. We reviewed Bill 27 in detail in our FTR Now of October 26, 2021, Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation, as well as our FTR Now of December 1, 2021, Ontario Passes Bill 27, Working for Workers…
Practice Area: Labour Relations
Federal Government Announces COVID-19 Vaccination Requirement for Federally Regulated Workplaces
On December 7, 2021, the federal government announced that it will propose regulations under Part II of the Canada Labour Code to make vaccination against COVID-19 mandatory in all federally regulated workplaces. The government stated that it will be consulting with key stakeholders on these new regulations, which it anticipates will come into force in…
Ontario Passes Bill 27, Working for Workers Act, As Amended at Committee
On November 30, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021.
The Bill will amend a number of statutes, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997….
Arbitrator Finds Mandatory Vaccination Policy to be Unreasonable
In this FTR Now, we review the arbitration award issued on November 11, 2021 by Arbitrator John Stout in Electrical Safety Authority and Power Workers’ Union, in which he assessed the reasonableness of an employer’s mandatory vaccination policy. In the specific context of the workplace, and its associated workplace dangers and hazards arising from COVID-19…
Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy
On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…
Ontario Proposes Significant Changes to Long-Term Care Sector
On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…
Manitoba Court of Appeal Upholds Public Sector Wage Restraint Legislation
In Manitoba Federation of Labour et al v The Government of Manitoba, the Manitoba Court of Appeal upheld the province’s public sector wage restraint legislation that had previously been ruled unconstitutional. The Court based its decision on the fact that the impugned legislation was broad-based and time-limited, and that it preserved a process of consultation…
Court Confirms Mitigation Efforts Do Not Extend Limitation Period
In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Canada Heads to the Polls: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for September 20, 2021. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now we provide guidance to employers on their obligations to their employees under the Canada Elections Act. When do employers have to provide paid time off to vote? Under the…