IDEL Regulation and Constructive Dismissal at Common Law: Appellate Court Finds Analytical Errors “Tainted” Lower Court Decision, Does Not Rule on Substantive Issue

On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction between the Infectious Disease Emergency Leave Regulation(O. Reg. 228/20 or IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive…

WSIB Consulting on Rate Setting for Temporary Employment Agencies

The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…

OSFI Introduces New Filing Procedure for Certain Applications Submitted by Pension Plan Administrators

On May 2, 2022, the Office of the Superintendent of Financial Institutions (OSFI) issued a notice regarding new instruction guides that will be of interest to administrators of pension plans registered under the Pension Benefits Standards Act, 1985. As the notice explains, administrators filing certain applications requiring the Superintendent’s approval will now need to do…

Ontario Tables Budget 2022

On April 28, 2022, the Ontario government tabled its 2022 Budget: Ontario’s Plan to Build. On the same date, Bill 126, Plan to Build Act (Budget Measures), 2022 was introduced for first reading. From a human resources perspective, the Budget reviews a number of initiatives previously announced (e.g. general minimum wage to increase to $15.50…

Ontario Exploring Increase to Compensation for Workers Who Become Injured or Ill on the Job

On April, 20, 2022, the Ontario government announced it has directed the Workplace Safety and Insurance Board (WSIB) to explore a potential increase in compensation for workers who become injured or ill on the job. Currently, the WSIB provides maximum wage compensation payments which equal 85% of the worker’s net pre-accident earnings. The government and…

Ontario Introduces Firefighter Certification Standards

On April 14, 2022, the Ontario government filed O. Reg. 343/22: Firefighter Certification, under the Fire Protection and Prevention Act, 1997. The regulation comes into force on July 1, 2022. The regulation sets out the mandatory minimum certification standards and corresponding job performance requirements of firefighters delivering specific fire protection services, together with a compliance…

Ontario Launches Review of Occupational Illnesses

The Ontario government has announced that it has partnered with the Workplace Safety and Insurance Board to launch a review of the province’s occupational illness system. The review will be conducted by an independent research centre (the MAP Centre for Urban Health Solutions at St. Michael’s Hospital) and will evaluate how occupational illnesses in Ontario…

Reminder: Employers to Have Disconnecting from Work Policies in Place by June 2, 2022

As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…

Ontario Court Requires “Robust” Notice to Allow Class Members to Choose Whether to Opt-Out of Employment Class Action

Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…

Arbitrator Upholds Mandatory Vaccination Policy—Reduced Public Health Measures of No Consequence

In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…