As announced by the Ontario government earlier this month, public health restrictions imposed in light of COVID-19 will be substantially eased on March 1, 2022. On that date, all regions in Ontario will be moved into the Roadmap Exit Step of the province’s Reopening Plan and almost all public health restrictions will be removed. Notably,…
Practice Area: Employment Law
Ontario to Introduce Legislation Requiring Employers to Disclose Information Regarding Electronic Monitoring of Employees
On February 24, 2022, the Ontario government announced its plan to introduce legislation later this month that would require employers to inform their workers if and how they are being monitored electronically. If passed, Ontario will be the first province to require electronic monitoring policies. As the government states, the intention of this legislation is…
Ministry Updates ESA Guide on Disconnecting from Work Policies and Non-Compete Agreements
On February 18, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act (Guide) to include chapters on written policy on disconnecting from work and non-compete agreements. The chapters provide guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
Arbitrator Finds Part of LTC Homes’ Mandatory Vaccination Policy Violated Collective Agreement
On February 7, 2022, Arbitrator Misra issued her decision in Chartwell Housing REIT (The Westmount, The Wynfield, The Woodhaven And The Waterford) and Healthcare, Office And Professional Employees Union, Local 2220 in which she found that the termination consequences of a long-term care home employer’s mandatory vaccination policy violated the collective agreement. Background In late…
Court Finds ESA Prohibition on Non-Compete Agreements Does Not Apply to Agreements Entered into before October 25, 2021
The Ontario Superior Court of Justice has held that the recently enacted provision in the Employment Standards Act, 2000 (ESA) which prohibits non-compete agreements in employment contracts or other agreements does not apply prior to October 25, 2021. By way of background, Ontario’s Working for Workers Act, 2021 (Act) received Royal Assent on December 2,…
Ontario Seeking Input on Proposed Firefighter Certification Standards
On January 28, 2022, the Ontario government released a draft regulation under the Fire Protection and Prevention Act, 1997. As the government states, the regulation would establish mandatory minimum certification standards for specific fire protection services. The regulation sets out the mandatory minimum standard and corresponding job performance requirements of firefighters delivering specific fire protection…
Details Regarding Ontario’s Move to Amended Step 3 of Roadmap to Reopen
Effective January 31, 2022, all public health units in Ontario will move to the Rules for Areas at Step 3 (Step 3 Rules) of the province’s Roadmap to Reopen plan. The Step 3 Rules are set out in O. Reg. 364/20, made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, as amended…
In Case You Missed It: Key COVID-19 Cases to Date
Our recent FTR Now provided an overview of notable “non-pandemic” legal developments from 2021. In this FTR Now, we provide a round-up of key COVID-19 cases, which include decisions on issues such as wrongful dismissal, mandatory vaccination and human rights. These decisions will be of interest to employers and HR professionals as we move forward into…
Further Details Regarding Ontario’s Move to Modified Step 2 of Roadmap to Reopen
As we previously reported, effective January 5, 2022, all public health units in Ontario have been temporarily moved to modified Rules for Areas in Step 2 of the province’s Roadmap to Reopen. These changes will remain in effect until at least January 26, 2022, subject to “trends in public health and health system indicators.” As a result, all public health units in the province are now subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O. Reg. 2/22.
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.