On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…
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An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?
In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
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…
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…
A Legislative and Case Law Update for School Boards
In this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…
Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes
On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…
Ontario Human Rights Commission Releases New Inquiry Report on Post-Secondary Student Mental Health Accommodations
The Ontario Human Rights Commission (Commission) has released an Inquiry Report regarding its inquiry into the systemic barriers facing post-secondary students with mental health disabilities entitled “With Learning in Mind.” Find out more about the Commission’s initiative and its impact on Colleges and Universities in this FTR Now…
Executive Compensation for Ontario BPS Organizations – A Summary of Recent Changes
On June 8 and 9, 2017, the Ontario government made a series of significant changes to the BPSECA Executive Compensation Framework. The changes include amendments to the content required of compensation programs, the timing of the development of those programs, and the process organizations must follow to implement their compensation programs…
Ontario Government Amends Executive Compensation Regulation
On June 8, 2017, the Ontario government filed O. Reg. 187/17 which amends the “Executive Compensation Framework” regulation (O. Reg. 304/16) made under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA). On June 9th the government issued a new Broader Public Sector Executive Compensation Program Directive and amended the existing Broader Public Sector Executive…