On December 13, 2019, the Ontario government filed Ontario Regulation 430/19 (Regulation) which amends Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017 with respect to the sign requirements for employers and proprietors. The Regulation comes into force on January 1, 2020. As we previously reported, pursuant to Ontario Regulation 268/18, employers and…
Practice Area: Employment Law
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Assurer une célébration du temps des fêtes en toute sécurité
La saison des fêtes est un temps de célébration. Pour plusieurs d’entre nous, cela peut comprendre des célébrations du temps des fêtes dans le milieu du travail. Tous les employeurs, grands ou petits, devraient s’assurer de prendre le temps de créer un plan visant à créer un environnement sain et sécuritaire pour les employés et les invités qui participeront à ces célébrations.
IIROC-Regulated Employers Now Subject to New Cybersecurity Incident Reporting Obligations
As of November 14, 2019, investment dealers engaged in trading activity in Canadian markets (Dealer Members) that are regulated by the Investment Industry Regulatory Organization of Canada (IIROC) are now subject to new stringent reporting obligations for cybersecurity incidents. These new rules are the result of amendments to Rules 3100 and 3703 of the IIROC Rules that apply to all Dealer Members.
Employers with Drivers Operating in the U.S. Take Note: New U.S. Drug and Alcohol Testing Rule in Force January 6, 2020
On January 6, 2020, Canadian employers who have commercial drivers operating in the United States will be required to comply with the requirements under the new Drug and Alcohol Clearinghouse program. Clearinghouse is administered by the United States Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA).
Ensuring a Safe Holiday Party
The holiday season is a time for celebration. For many of us, this may include workplace celebrations. All employers, big or small, should ensure that in addition to traditional party logistics, they take the time to develop a plan for providing a healthy and safe environment for employees and guests at any workplace celebrations.
Update on Ontario Government Wage Restraint Initiatives
In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).
Proposed Public Sector Wage Restraint Legislation Referred to Committee
On October 31, 2019, Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, passed Second Reading and was referred to the Standing Committee on General Government. The Committee will meet on Monday, November 4, 2019 from 9:00 a.m. to 10:00 a.m. and from 2:00 p.m. to 6:00 p.m. for public hearings on…
Budding Industry: Amendments to Cannabis Regulations Legalizing Edible Cannabis Coming Into Force
On October 17, 2019, one year after Canada legalized the sale and purchase of dried and fresh cannabis, oil, seeds, and plants, the government of Canada’s amendments to the Cannabis Regulations made under the federal Cannabis Act will come into force, establishing rules for the legal production and sale of three new classes of cannabis….
Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation
The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…