Our recent FTR Now provided an overview of notable “non-pandemic” legal developments from 2021. In this FTR Now, we provide a round-up of key COVID-19 cases, which include decisions on issues such as wrongful dismissal, mandatory vaccination and human rights. These decisions will be of interest to employers and HR professionals as we move forward into…
Practice Area: Human Rights
Further Details Regarding Ontario’s Move to Modified Step 2 of Roadmap to Reopen
As we previously reported, effective January 5, 2022, all public health units in Ontario have been temporarily moved to modified Rules for Areas in Step 2 of the province’s Roadmap to Reopen. These changes will remain in effect until at least January 26, 2022, subject to “trends in public health and health system indicators.” As a result, all public health units in the province are now subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O. Reg. 2/22.
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.
Ontario Announces Further Extension of Paid and Deemed Infectious Disease Emergency Leaves
On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…
Bill 27, Working for Workers Act, Receives Royal Assent
On December 2, 2021, Bill 27, Working for Workers Act, 2021, received Royal Assent. We reviewed Bill 27 in detail in our FTR Now of October 26, 2021, Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation, as well as our FTR Now of December 1, 2021, Ontario Passes Bill 27, Working for Workers…
Ontario Passes Bill 27, Working for Workers Act, As Amended at Committee
On November 30, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021.
The Bill will amend a number of statutes, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997….
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…
Supreme Court of Canada Concludes Arbitrators Can Have Exclusive Jurisdiction Over Human Rights Claims
In Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada held that the Manitoba Human Rights Commission (Commission) did not hold concurrent jurisdiction over a human rights dispute involving a unionized workplace. Rather, a labour arbitrator held exclusive jurisdiction over the dispute. In this FTR Now, we provide a summary of Horrocks…
Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation
On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…
Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…