End of the Bill 148 Era: Ontario Bill to Reverse Employment and Labour Reforms

On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018 (Bill 47), new legislation that if passed in its present form would effectively “undo” many of the key changes to workplace laws implemented by Bill 148. The range of changes to the Employment Standards Act, 2000 (ESA)…

Ontario Introduces Legislation to Reverse Key Bill 148 Employment and Labour Reforms

On October 23, 2018, the Ontario government announced that it will be introducing proposed legislation today to repeal many of the significant employment and labour law reforms enacted by Bill 148 – including provisions with respect to equal pay, paid personal emergency (PEL) days, scheduling, card-based certification for certain industries and eliminating the requirement that employers provide unions with contact information for employees where they demonstrate that they have 20% support. Learn more in this FTR Now.

Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force

On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force. On the same date, the Smoke-Free Ontario Act, 2017 (SFOA) was also proclaimed into force, effective October 17, 2018. Learn more in this FTR Now.

Recreational Cannabis Update

On September 27, 2018, the Ontario government introduced Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will make significant amendments to the Cannabis Act, 2017, create the new Cannabis Licence Act, 2018 and will amend various provincial legislation to adjust for the upcoming legalization of recreational cannabis on October 17, 2018.

Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…

Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues

The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.