In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…
Practice Area: Human Rights
Ontario Issues Orders Relating to Stage 3 Reopening: What You Need to Know
On July 13, 2020, the Ontario government filed two Orders made under the Emergency Management and Civil Protection Act regarding Stage 3 of the reopening of the province. The first Order, Stages of Reopening, is a new regulation that identifies which regions of the province are at Stage 1, 2 or 3 of the reopening plan.
Amendments to Canada Labour Code Relating to Interns Soon to be In Force; CHRT Seeks Input on New Rules of Procedure
In this Federal Post, we discuss incoming changes to the Canada Labour Code regarding internships in federal workplaces. We also discuss a public consultation initiated by the Canadian Human Rights Tribunal on its new proposed Rules of Procedure.
Federal Updates: Extension for Temporary Layoffs, Workplace Harassment and Violence Regime in Force on January 1, 2021
In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…
The Latest Updates for School Boards Before the Summer
As the 2019 – 2020 school year draws to a close, it would be an understatement to say that the year did not go as expected. From the hurried transition to online learning to the ongoing adjustment to the “new normal” of synchronous learning, we know that our clients have successfully navigated unprecedented and difficult challenges – and that there will be more to come.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Employees Who Continue to Work from Home – Practical Considerations for Employers
As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.
Further Measures Announced in Relation to COVID-19
Late last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).
Ontario Legislation Extends Time Limit for Student Expulsions
Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.
Emergency Order Issued Which Relates to Service Agencies Providing Violence Against Women Residential Services and Crisis Line Services
On April 15, 2020, the Ontario government issued an Order under the Emergency Management and Civil Protection Act (EMCPA) that applies to service agencies funded by the Ministry of Children, Community and Social Services, and which provide (1) residential or emergency residential services under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program, or (2) provincial crisis line services under the Violence Against Women Support Services program. The Order applies for the duration of the declared emergency under the EMCPA.