Ontario Consults on the “Future of Work” as it enters COVID-19 Recovery Phase

The Ontario government has established a Workforce Recovery Advisory Committee to lead consultations and to provide recommendations on the “future of work” in the province. As stated by the government, the Committee’s recommendations regarding the “future of work” will focus on three pillars: Economic recovery: How to make Ontario the top jurisdiction with a world-class…

Federal Ministry of Labour Launches Task Force to Review Employment Equity Act

On July 14, 2021, the federal Minister of Labour announced that it has launched a Task Force with the purpose of “making concrete, independent and evidence-based recommendations to the Minister of Labour on how to modernize” the Employment Equity Act (Act). The Task Force is looking into issues surrounding employment equity and inclusion in federally…

Ontario Consultation on WSIB Surplus Distribution Model

Ontario has launched a Workplace Safety and Insurance Board (WSIB) Surplus Distribution Model consultation on how and when the WSIB should distribute any surplus funds.  The Operational Review Report sets out 25 recommendations, one that proposes the government adopt a sufficiency ratio between 115% and 125% for the WSIB fund. At 115% sufficiency, the WSIB…

Ontario Launches Tower Crane Health and Safety Consultation

The Ministry of Labour, Training and Skills Development (Ministry) has launched a Consultation on Improving Health and Safety Requirements relating to Tower Cranes, which aims to update current legislative requirements for the operation of tower cranes. The consultation is focused on the requirements set out in the Construction Project Regulation, O. Reg. 213/91, and O….

Ontario Consults on OHSA Regulations Relating to Notice of Project and Head Protection Requirements

The Ontario Ministry of Labour, Training and Skills Development (Ministry) is seeking input from interested parties in respect of regulatory proposals to modernize the Notice of Project and worker head protection requirements for workplaces in Ontario that fall under the Occupational Health and Safety Act (OHSA). Proposed Changes to Notice of Project Requirements The intention…

Ontario Superior Court Refuses to Certify Proposed Employment Class Action

In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…

Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code

In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…

Ontario Seeking Input on Postsecondary Accessibility Standards under AODA

In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), new accessibility standards are developed through Standards Development Committees. The initial recommendations of the Postsecondary Education Standards Development Committee for the development of postsecondary accessibility standards under the AODA were published on June 25, 2021. The Committee is seeking input from the public…

Arbitrator Upholds Employers’ Mandatory COVID-19 Testing Program

In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…

New Rules of Procedure for the Canadian Human Rights Tribunal

On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…