Bill 27, Working for Workers Act, 2021, amended the Employment Standards Act, 2000 (ESA) to introduce a new licensing regime for temporary help agencies (THAs) and recruiters that operate in Ontario. We reviewed Bill 27 in detail in previous editions of the FTR Now on October 26, 2021 and again on December 1, 2021. The…
Practice Area: Employment Law
Recent Cases of Note
Welcome to our latest edition of the School Board Update. In this update we discuss two significant decisions. The first is an arbitration decision where the grievor alleged the Ottawa Catholic School Board failed to accommodate her and discriminated against her on the basis of her age by requiring her to teach on site rather…
Ontario Announces Changes to Mandatory Working at Heights Training Requirements for Programs and Providers
On May 17, 2023, Ontario announced changes to the training requirements for working at heights. The province has updated both the program and provider standards for mandatory working at heights training, noting that falling from heights is one of the leading causes of workplace fatality in a number of industries including construction. Currently, workers on…
Government of Canada Announces Changes to Federal Employment Standards Coming Into Force
The Budget Implementation Act, 2018, No. 2 (Bill C-86) amended the Canada Labour Code (CLC) by enacting a new Division XII.1 “Reimbursement of Work-related Expenses,” which will require federally regulated employers to reimburse employees for reasonable work-related expenses, subject to prescribed exceptions. Bill C-86 also enacted a new section titled “Information Related to Employment,” which…
Ontario Government Consultation on Permanent Framework for Target Benefit Plans
The Ontario government previously announced the launch of consultations on proposed regulations related to the implementation of a permanent legislative framework for target benefit multi-employer pension plans (MEPPs) in the province. The permanent framework would replace temporary funding regulations for Specified Multi-Employer Pension Plans (SOMEPPs) set to expire in 2024. The proposed framework will replace…
Bill C-228 Offering Pension Protection in Bankruptcy Receives Royal Assent
On April 27, 2023, Bill C-228, the Pension Protection Act, received Royal Assent and is now law. As a result, pension plan deficits will be required to be paid in priority to most other creditors, including secured creditors, during bankruptcy and insolvency proceedings. In this FTR Now we consider this development and its implications for…
Ontario Announces Deadline for Employers to Apply for Paid IDEL Reimbursement
As we reported previously, paid infectious disease emergency leave (Paid IDEL) ended on March 31, 2023. On April 28, 2023, the Ontario government updated its guidelines regarding when eligible employers can apply for reimbursement payments.
Reminder: Colleges and Universities to Have Sexual Misconduct Policies in Place by July 1, 2023
We would like to remind our college and university clients that the Ontario government recently passed Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. Among other things, Bill 26 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to require post-secondary institutions to address faculty and staff…
Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment
On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…
Ontario Proposes Significant Amendments Impacting School Board Sector
On April 17, 2023, the Ontario government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 for First Reading. If passed, Bill 98 would amend the Education Act, the Ontario College of Teachers Act, 1996 and the Early Childhood Educators Act, 2007. The government has invited interested stakeholders to comment on the proposed amendments…