Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Publication Type: Blog Post
Ontario Announces Health, Safety and Employment Standards Blitzes
The Ontario government has announced that it will be conducting more than 24 health, safety and employment standards inspection blitzes in 2018-2019 targeted at certain sectors in Ontario, with a view to ensuring statutory compliance. A number of workplaces will be visited, including those in the retail, manufacturing, construction and health care sectors, as well…
Court Finds Emails Between Management and HR Department Not Privileged
A Master of the Ontario Superior Court of Justice recently rejected an employer’s assertion that emails between management and its Human Resources (HR) department were privileged and therefore not subject to disclosure in a constructive dismissal action. He stated that if “management seeks confidentiality in dealing with an employee, it should consult with counsel and…
PIPEDA Breach of Security Safeguards Regulations Published
Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require private sector organizations to provide notice to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations, Breach of Security Safeguards…
Mandatory Breach Notification Comes to Canada: What To Do About It
It’s been a long time coming, but we finally know that mandatory breach notification is coming to Canada. Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Privacy Commissioner when a security incident involving personal information results in a “real risk of significant…
Bill Requiring Diversity Disclosure by Federal Corporations Passes Third Reading in Senate
Diversity on corporate boards has been widely discussed in recent years. On March 22, 2018, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, passed its third reading in the Senate. Part 1 of Bill C-25 imposes obligations on federal…
Regulations Filed Supporting Discharge of Pension Plan Administrator Upon Purchase of Annuities
On April 3, 2018, the government filed O. Reg. 193/18 (Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act) under the Pension Benefits Act (PBA), which complements the recent funding reforms announced for defined benefit pension (DB) plans (the Regulation). As previously discussed, the government proposed rules to support a discharge…
Court Orders Employee Who Breached Fiduciary Duty to Pay Former Employer $20 Million
An Ontario Court recently awarded damages of $20 million for breach of fiduciary duty to Atlas Copco Canada Inc. (Atlas), from a former employee, in Atlas Copco Canada Inc. v. Hillier. The employee (Defendant) had been employed with Atlas as a general manager of one of its divisions and later as a vice-president. The fraudulent…
MOL’s ESA Guide Update for Equal Pay Provisions
We recently reported on the coming into force of the equal pay for equal work changes under Bill 148, Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018. The Ministry of Labour has recently updated its online Guide to the Employment Standards Act, 2000 (Guide) to address equal pay for equal work…
2018 Ontario Budget Tabled
On March 28, 2018, the Ontario government tabled its Budget 2018, A Plan for Care and Opportunity. We are currently reviewing the Budget and an FTR Now highlighting initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website.