The Ontario government has taken the next step in the development of a licensing framework for temporary help agencies (THAs) and recruiters operating in the province. On November 21, 2022, Ontario’s Ministry of Labour, Immigration, Training and Skills Development (Ministry) announced a public consultation process with respect to the development of supporting regulations for the…
Practice Area: Employment Law
Recent Legislative and Case Law Developments
Dear Friends, We are back with another edition of Reaching Out. While we are still dealing with issues arising from the pandemic, there are a number of developments in legislation and case law which we wanted to bring to the attention of social services organizations. Sean Reginio discusses the duty to accommodate employees and the…
Can There Be a Central Arbitration Over Local Terms? The Divisional Court Weighs In
The Ontario Divisional Court recently dismissed an application for judicial review of a preliminary arbitration decision in which Arbitrator Steinberg concluded that he lacked jurisdiction over aspects of the Ontario English Catholic Teachers’ Association’s (OECTA) grievance alleging violations of the preparation, planning and supervision (PPS) provisions of the collective agreement. He determined that the PPS…
Enjoying a Safe Holiday Party in COVID Times
The holiday season is a time for people to come together and celebrate. As COVID-19 circumstances evolve, many employers are intending to return to in-person workplace celebrations for the first time since December 2019. All employers, regardless of size, should ensure that in addition to traditional party logistics, they take the time to develop a…
Federal Government Publishes Regulations Regarding Paid Medical Leave and Guidance on “Stacking” with Existing Leaves
On November 7, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) (Regulations), regulatory amendments which will give effect to the new paid medical leave provisions under the Canada Labour Code (Code). Guidance on the issue of “stacking” of the new paid medical leave with…
Significant Legislation Impacting Ontario’s School Board Sector Receives Royal Assent
As we previously reported, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28) on October 31, 2022. On November 3, 2022, Bill 28 received Royal Assent and is now law. As a result, it creates collective agreements between school boards and the Canadian Union of Public Employees (CUPE) with terms…
Ontario Tables Significant Legislation Impacting School Board Sector
On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28 or the Bill) which, if passed, would enact and implement new central terms for collective agreements between the Council of Trustees’ Associations and the Canadian Union of Public Employees (CUPE). These collective agreements would have a term…
Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner
On October 27, 2022, the Ontario government tabled Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. If passed, Bill 26 would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to provide measures for post-secondary institutions to address faculty and staff sexual abuse towards students. Amendments to…
Supreme Court of Canada Denies Leave to Appeal in Public Sector Wage Restraint Legislation Case
On October 27, 2022, the Supreme Court of Canada dismissed an application for leave to appeal Manitoba Federation of Labour et al v The Government of Manitoba. In that case, the Manitoba Court of Appeal (Court) upheld the constitutionality of the province’s public sector wage restraint legislation. The Court based its decision on the case…
Employers Take Note: Incoming Changes to Competition Act
Employers should take note of recent amendments made to the Competition Act (Act) by Bill C-19, Budget Implementation Act, 2022, No. 1 which will come into force on June 23, 2023. The amendments make it a criminal offence for an employer to conspire, agree or arrange with an unaffiliated employer to fix, maintain, decrease or…