Ontario Launches Tower Crane Health and Safety Consultation

The Ministry of Labour, Training and Skills Development (Ministry) has launched a Consultation on Improving Health and Safety Requirements relating to Tower Cranes, which aims to update current legislative requirements for the operation of tower cranes. The consultation is focused on the requirements set out in the Construction Project Regulation, O. Reg. 213/91, and O….

Ontario Consults on OHSA Regulations Relating to Notice of Project and Head Protection Requirements

The Ontario Ministry of Labour, Training and Skills Development (Ministry) is seeking input from interested parties in respect of regulatory proposals to modernize the Notice of Project and worker head protection requirements for workplaces in Ontario that fall under the Occupational Health and Safety Act (OHSA). Proposed Changes to Notice of Project Requirements The intention…

Important Updates Regarding the Federal Pay Equity Act, the Canada Labour Code and CLC Regulations

In this Federal Post, we cover recent developments with respect to the federal Pay Equity Act, amendments to the Canada Labour Code (CLC) and highlight the proposed amendments to the CLC Regulations that are currently open for public consultation. Federal Pay Equity Act In Force on August 31, 2021 By: Lucy Wu The federal Pay…

Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer

In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…

Amendments Made to Notice and Reporting Requirements under OHSA

On June 7, 2021, the Ontario government filed amendments to a number of regulations made under the Occupational Health and Safety Act (OHSA). Most of the amendments relate to the reporting of workplace accidents, which consolidate the notice of death or critical injury reporting requirements found in several regulations under the OHSA into one regulation—Ontario…

Ontario’s Declared Emergency and Stay-at-Home Order End on June 2, 2021

The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…

Nadine Zacks Quoted in SHRM on how Rapid Testing Could Curtail COVID-19 Outbreaks in Canadian Workplaces

SHRM quoted Hicks Morley’s Nadine Zacks in a May 12, 2021 article titled “Rapid Testing Could Curtail COVID-19 Outbreaks in Canadian Workplaces”. During Canada’s third wave of the coronavirus pandemic, workplace outbreaks risk transmitting the COVID-19 virus and its variants. Experts say rapid testing in workplaces could be instrumental in helping Canada fight the third…

Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19

On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…

Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA

A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…