One of the most significant challenges facing employers today involves identifying, managing and accommodating mental health and addiction issues in the workplace. In June 2014, the Ontario Human Rights Commission (“the Commission”) issued a new policy dealing with this issue. The new policy, entitled Policy on preventing discrimination based on mental health disabilities and addictions,…
Practice Area: Occupational Health
Canada Labour Code Health and Safety Amendments to Come into Force on October 31, 2014
The federal government has fixed October 31, 2014 as the date that Division 5 of Part 3 of the federal Economic Action Plan 2013 Act, No. 2 will come into force. Division 5 of Part 3 of the Act amends the Canada Labour Code (“Code”) and makes consequential amendments to other statutes to align them with these changes….
Government Employees Compensation Act Third Party Claim Amendments in Force as of June 13, 2014
The federal government has fixed June 13, 2014 as the date that Division 20 of Part 4 of the Jobs, Growth and Long-term Prosperity Act (“Act”) comes into force. Among other things, Division 20 of Part 4 of the Act amends the Government Employees Compensation Act (“GECA”) with respect to the administration of third party claims by…
Amendments Made to Federal Occupational Health and Safety Regulations
The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…
Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee
The Court of Appeal for Ontario has released its decision in Boucher v. Wal-Mart Canada Corp. This case made headlines in 2012 after a jury trial awarded more than $1.45 million in compensatory, mental suffering, aggravated and punitive damages to Meredith Boucher for her claim that she was constructively dismissed as a result of the…
Deadline for Mandatory Health and Safety Awareness Training is July 1, 2014
Commencing on July 1, 2014, all Ontario employers are required to ensure that workers and supervisors receive mandatory safety awareness training pursuant to O. Reg 297/13, Occupational Health and Safety Awareness and Training. In this FTR Now, we provide a brief reminder about these new training obligations, which were discussed in detail in our November…
Increased Cancer Coverage Under WSIA for Firefighters
On May 2, 2014, prior to the dissolution of the Legislature, the Ontario government published regulatory amendments to s. 4 of Ontario Regulation 253/07 made under the Workplace Safety and Insurance Act, 1997 (“WSIA”). O. Reg. 113/14 adds the following six cancers to the list of diseases that are prescribed for the purposes of the presumptive…
Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has released a schedule for coordinated, proactive enforcement blitzes under both the Employment Standards Act, 2000 and the Occupational Health and Safety Act in 2014-2015. The MOL schedule sets out province-wide, sector-specific “Provincial Blitzes, as well as smaller-scale “Provincial Initiatives” and “Regional Initiatives.”
OHSA Consultation on Implementation of Working at Heights Training
The Ministry of Labour is consulting on the implementation of the Working at Heights Training Program Standard released on December 19, 2013. Specifically, a regulatory proposal outlining amendments to O. Reg. 297/13 (Occupational Health and Safety Awareness and Training) under the Occupational Health and Safety Act (“OHSA”) would, if adopted, require employers subject to O. Reg. 213/91…
OLRB Revisits the Scope of its Authority To Consider Workplace Harassment Reprisal Complaints
In two recent decisions, the Ontario Labour Relations Board (“Board”) signalled that its powers under the Occupational Health and Safety Act (“OHSA”) to consider complaints arising out of the OHSA’s workplace harassment provisions may be broader than the findings articulated in an earlier case, Confortia v. Investia Financial Services Inc. In Investia, the Board had…