On March 17, 2020, the Ontario government declared an emergency in Ontario as a result of COVID-19. It ordered the immediate closure of a number of venues, as well as enhanced funding for the province’s response to COVID-19.
Publication Name: FTR Now
Update on COVID-19 for Employers: Ontario to Amend the ESA to Protect Jobs
Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.
Update: COVID-19 – Questions and Answers for Employers
As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.
COVID-19 and Workplace Preparedness
Health officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.
Focus on Health & Safety
In this FTR Now, which focuses on health and safety issues, we discuss two recent cases from the Ontario Court of Justice which suggest that there should be a shift in the approach to sentencing corporations convicted under the Occupational Health and Safety Act (OHSA).
Staffing Success in the Fire Sector: Decrease in Minimum Staffing Clause Awarded
Staffing in the fire sector is quickly becoming an emerging topic. Whether it is the minimum staffing provision in a Collective Agreement or the minimum number of firefighters per pumper, both associations and municipalities have been raising these issues at bargaining and interest arbitration. A recent significant case in the fire sector provides some much needed clarity for municipalities. For the first time that we are aware of, an Arbitration Board has decreased a minimum staffing clause.
New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect
In December 2019, the Supreme Court of Canada established a new framework that is designed to guide courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v Vavilov and the two companion appeals heard together in Bell Canada v Canada (Attorney General) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.
Pension Law 2020: A Clear Look at the Latest Pension Law Reforms
In this FTR Now, we highlight the new pension rules that are of particular interest to employers and pension plan administrators.
Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control
The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.
New Year – New Standard of Review
Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.