Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Tag: Occupational Health and Safety Act (OHSA)
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
“Owners” of Construction Projects Are Employers Under Ontario’s OHSA: More on a Recent Ruling of the Supreme Court of Canada
On November 9, 2023, the Supreme Court of Canada (Supreme Court) issued a split decision in R. v. Greater Sudbury (City). The plurality of the Supreme Court upheld a decision of the Ontario Court of Appeal that an “owner” of a construction project can also be considered an “employer” with obligations to ensure safety on…
Supreme Court of Canada Finds “Owners” of Construction Projects Are Employers under Ontario’s OHSA
On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…
Ontario’s Bill 79, Working for Workers Act, 2023 Receives Royal Assent
On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent. Bill 79 amends several statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Changes introduced by Bill 79 include: These measures came…
Ontario Government Announces Consultations Related to Occupational Health and Safety Regulations
Ontario’s Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has announced two consultations on proposed changes to the Occupational Health and Safety Act (OHSA) and Regulations related to two occupational health and safety issues: protecting workers from heat stress and heat-related illnesses and poor outdoor air quality and workplace health and safety. The MLITSD…
Ontario Announces Changes to Mandatory Working at Heights Training Requirements for Programs and Providers
On May 17, 2023, Ontario announced changes to the training requirements for working at heights. The province has updated both the program and provider standards for mandatory working at heights training, noting that falling from heights is one of the leading causes of workplace fatality in a number of industries including construction. Currently, workers on…
Ontario Introduces Bill 91, Less Red Tape, Stronger Economy Act, 2023 and Announces Additional Amendments to Reduce Red Tape
On April 3, 2023, the Ontario government announced a range of measures related to pensions and employment (amongst other matters) in the province. On the same day, the government introduced Bill 91, Less Red Tape, Stronger Economy Act, 2023 (Bill 91) to implement some of those measures. Bill 91 and the additional measures are of…
Ontario Issues Regulations for New Requirements for Construction Sites
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. On March 29, the government filed proposed regulatory changes to amend the Construction Projects Regulation (the Regulation) under the Occupational Health and Safety Act. The proposed regulatory changes will amend section 21 of the Regulation, which addresses protective clothing, equipment…
Ontario to Amend the Employment Standards Act, 2000 and Other Legislation
On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…