Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992

Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…

New Transparency Requirements for Corporations Subject to the Canada Business Corporations Act Come Into Force on January 22, 2024

The federal government has proclaimed January 22, 2024 as the coming into force date for certain provisions of the Canada Business Corporations Act (CBCA) that were enacted by the Budget Implementation Act, 2022, No. 1. Corporations which are subject to the CBCA (Corporations) will now have additional reporting obligations regarding their registry of individuals with significant…

Federal Government Consultation on Draft Accessibility Standards

Accessibility Standards Canada (ASC) has published a draft Accessibility Standard on Emergency Measures (Draft Standard) as part of its mandate under the Accessible Canada Act (ACA). Background The ACA came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA came into force on December 13, 2021. The ACA…

Fighting Against Forced Labour and Child Labour in Supply Chains Act Coming Into Force January 1, 2024

Passed by the federal government in the spring of 2023, Bill S-211, Fighting Against Forced Labour and Child Labour in Supply Chains Act (Act) is coming into force on January 1, 2024. Organizations subject to the Act will be required to submit annual reports to the Minister of Public Safety and Emergency Preparedness (Minister) outlining…

Federal Prompt Payment for Construction Work Act Now in Force

On December 9, 2023, the Federal Prompt Payment for Construction Work Act (Act) was proclaimed into force. The Act was originally introduced in 2019 as part of the omnibus Budget Implementation Act, 2019, No. 1. As stated in the government’s news release, the Act is designed to address the construction industry’s long-standing concerns around doing…

Regulatory Amendment Sets Out Criteria Regulated Professions Are to Consider as Alternatives to Canadian Experience

O. Reg. 378/23 (Amending Regulation), amending O. Reg. 261/22 made under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (Act), prescribes the criteria for alternatives to Canadian experience that may be accepted by regulated professions. The Amending Regulation is made further to the changes to the Act enacted by the Working for…

Ontario Court Considers New Preferable Procedure Test

One of the important parts of the test for certification of a proposed class proceeding is that a class proceeding would be the preferable procedure for the resolution of the common issues. In Banman v. Ontario, the Ontario Superior Court of Justice (Court) provided the first detailed interpretation and application of the revised preferable procedure…

Reminder of Upcoming Accessibility Compliance Report Deadline

The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. The Accessibility Compliance Report is a…

Federal Government Publishes Draft Amendments to Pay Equity Regulations

The federal government recently published proposed regulations which would amend the Pay Equity Regulations (Regulations) made under the federal Pay Equity Act (Act). The Act addresses systemic gender discrimination in compensation practices and pay systems as well as the portion of the wage gap attributable to the undervaluation of work traditionally done by women. The…

WSIB Publishes New Communicable Illnesses Policy

Following public consultations, the Ontario Workplace Safety and Insurance Board (WSIB) has published a new operational policy on communicable illnesses (Policy), which will become effective December 1, 2023. The Policy defines a communicable illness as “an illness resulting from infectious agents such as viruses, bacteria, and fungi.” In order to be entitled to benefits for…