On November 4, 2021, the Ontario government introduced Bill 43, Build Ontario Act (Budget Measures), 2021 (Bill 43) for first reading. Among other things, Bill 43 includes proposed amendments to the Financial Services Regulatory Authority of Ontario Act, 2016 (FSRA Act) to include protections for whistle-blowers in the pension sector and the other sectors regulated…
Publication Name: FTR Now
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…
Federal Government Phasing Out COVID-19 Support Measures
On October 21, 2021, the federal government announced that two key pandemic programs, the Canada Recovery Benefit (CRB) and the Canada Emergency Wage Subsidy (CEWS), would not be extended past October 23, 2021. It has proposed extending the Canada Recovery Hiring Program (CRHP)—with narrowed criteria—to May 7, 2022. It also plans to introduce two new programs—The Tourism and Hospitality Recovery Program and the Hardest-Hit Business Recovery Program—that would provide rent and wage subsidies, as well as lockdown support for a targeted set of businesses and organizations, until May 7, 2022, with the possibility of extension until July 2, 2022. The details of the two programs are set out in the Backgrounder, “Targeting COVID-19 Support Measures.”
Ontario Announces Long-Term Plan for Easing COVID-19 Measures
On October 22, 2021, the Ontario government announced its long-term plan for easing COVID-19-related public health and workplace safety measures, with the aim of lifting all restrictions by March 2022. The plan identifies a number of milestones, beginning October 25, 2021.
Proposals to Ease Regulatory Burdens for Administrators of Defined Contribution Pension Plans
On October 7, 2021, the Ontario government released draft amendments to Ontario Regulation 909 under the Pensions Benefits Act, which will eliminate certain prescribed requirements for administrators of Defined Contribution (DC) pension plans. In this FTR Now, we highlight the key details of these proposed changes that will be of significant interest to administrators of…
Federal Government Announces COVID-19 Vaccination Requirements for Travellers and Federal Sector Employees
On October 6, 2021, the federal government announced that as of October 30, 2021, all travellers departing from Canadian airports, travelling on VIA Rail and Rocky Mountaineer trains or travelling on non-essential marine passenger vessels must be fully vaccinated. The government also announced that, effective October 30, the federally regulated transportation sector will be required…
Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity
On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…
Ontario Enhances Protections for Students Reporting Sexual Violence on Campus
As a new academic year commences, the Ontario government is taking additional steps to address sexual violence on post-secondary campuses. The government has filed O. Reg. 646/21 (Amending Regulation), which amends O. Reg. 131/16, Sexual Violence at Colleges and Universities, made under the Ministry of Training, Colleges and Universities Act, to include additional protections for…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…