On November 24, 2021, the federal government tabled Bill C-2, An Act to provide further support in response to COVID-19. Among other things, if passed, Bill C-2 would reintroduce COVID-19 leaves of absence (repealed on November 20, 2021), as amended, under the Canada Labour Code (Code). Under Bill C-2, the new COVID-19 leaves would provide:…
Practice Area: Employment Law
Federal COVID-19 Leaves Now Repealed
Effective November 20, 2021, the leaves relating to COVID-19 under the Canada Labour Code have been repealed. The first leave was up to four weeks to be taken in prescribed circumstances related to COVID-19. The second leave was up to 42 weeks where the employee was unable to work because they must care for a…
Court Denies Injunction Motions and Allows Mandatory Vaccination Policies to be Implemented
The Ontario Superior Court has refused to stay the implementation of two mandatory workplace COVID-19 vaccination policies, pending the outcome of grievance arbitrations challenging the validity of those policies. On November 20, 2021, the Court rendered its decision in Amalgamated Transit Union, Local 113 et al v. Toronto Transit Commission and National Organized Workers Union…
Ministry Issues Updated Directive for Vaccination Requirements in Long-Term Care Homes
On November 4, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive is effective as of November 4, 2021 and replaces the previous version dated October 1, 2021, which we covered in our HR HealthCheck of October 13, 2021. Under the Directive, every licensee of…
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…
Employment and Social Development Canada Extends Consultation on Modernizing Employment Insurance Program
In August 2021, Employment and Social Development Canada (ESDC) initiated a consultation survey on how to modernize the nation’s Employment Insurance (EI) program. The need for the consultation survey was driven by the COVID-19 pandemic and the gaps it highlighted in the EI program. On November 9, 2021, ESDC extended the closing date of the…
Ontario Proposes Minimum Wage Increase Starting January 1, 2022
On November 2, 2021, the Ontario government announced that it plans to introduce legislation that, if passed, would raise the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. Under the proposed legislation, the minimum wage rate for liquor servers (currently set at $12.55 per hour) would be eliminated. This means…
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 Legislative Changes to the 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…
Ontario Tables Legislation Regarding Right to Wear Poppy in Workplace During Remembrance Week
On October 28, 2021, the Ontario legislature tabled Bill 38, Remembrance Week Amendment Act, 2021 which, if passed, would amend the Remembrance Week Act, 2016 to provide every worker in Ontario the right to wear a poppy in the workplace during Remembrance Week. An exception would exist if wearing a poppy would pose a hazard…