On January 1, 2021, the new Part IV “Administrative Monetary Penalties” of the Canada Labour Code (Code) will come into force together with other amendments to the Code. Part IV Administrative Monetary Penalties Part IV was enacted by Bill C-44, Budget Implementation Act, 2017, No. 1. Among other things, Part IV: establishes a penalty system…
Practice Area: Employment Law
Ontario Seeking Input on Temporary Help Agency Consultations
The Ontario government is seeking input from interested parties on a broad range of questions relating to temporary agencies and their obligations under the Employment Standards Code, 2000 (ESA). In this regard, it has posted Temporary Help Agency Consultations. The consultations focus on the non-compliance of those temporary help agencies that operate “underground”, putting “law-abiding…
Bill Relating to Daylight Savings Time Passes in Ontario Legislature – Not Yet in Force
On November 30, 2020, Bill 214, Time Amendment Act, 2020, a Private Member’s Bill, received Royal Assent. It has not yet been proclaimed into force. If proclaimed into force, the Bill would amend the Time Act to make the time now called “daylight savings time” the “standard time” year round. In addition, the Bill would…
Adjusting to Ontario’s New Colour-Coded COVID-19 Zones
The Ontario government has enacted new regulations that amend the Rules for Areas in Stage 2 and 3. The regulations aim to implement the recently announced reopening framework. The regulations:
Ontario Releases New Framework for COVID-19 Public Health Restrictions
On November 3, 2020, the Ontario government released its COVID-19 Response Framework: Keeping Ontario Safe and Open (Framework) which the government states “will serve as an early warning system allowing [it] to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19.” The Framework will apply to businesses and organizations that operate within the applicable public health units, and it also contains sector-specific health and safety measures.
Supreme Court Finds Inability of Pension Plan Members to “Buy Back” Full Pension Credit for Job-Sharing Service to be Unconstitutional
On October 16, 2020, the Supreme Court of Canada released its decision in Fraser v. Canada (Attorney General). Justice Abella, writing for the majority, held that the inability of members who participated in a job-sharing program to “buy back” pension credits under the employer’s pension plan amounted to discrimination on the basis of sex, contrary to s. 15(1) of the Charter of Rights and Freedoms. In separate dissenting reasons, Justices Brown and Rowe on the one hand and Justice Côté on the other held that the appeal ought to have been dismissed, although for different reasons.
York Region Moves to Modified Stage 2, Further Changes to Stage 2 Rules
On October 16, 2020, the Ontario government announced that it is moving York Region into the Rules for Areas in Stage 2, effective October 19, 2020 at 12:01 a.m. due to the increase in COVID-19 cases in that area. This is in effect for 28 days. We discussed the modifications made to the Rules for…
New Version of Employment Standards Poster is Available
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…
COVID-19 Leave in Canada Labour Code to be Extended
Early on September 30, 2020, the federal House of Commons passed Bill C-4, COVID-19 Response Measures Act. It amends the Leave Related to COVID-19 provisions of the Canada Labour Code to extend the leave to September 25, 2021. It also enacts the Canada Recovery Benefits Act which establishes certain benefits as a result of COVID-19….
Canada Labour Code COVID-19 Leave Extended by an Additional 4 Weeks
The COVID-19 leave available under the Canada Labour Code has been extended an additional 4 weeks, from 24 weeks to 28 weeks, effective September 4, 2020. This change is to align the leave with the recent increase to the number of weeks an employee can receive the Canada Emergency Response Benefit (CERB).