Droit du travail et droit de l’emploi

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Licences to be required for temporary help agencies and recruiters in Ontario

The Government of Ontario has announced that, as of January 1, 2024, temporary help agencies (THAs) and recruiters will be required to hold a licence to operate in the province. Every legal entity that operates as a THA or that […]

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The class has spoken: Ontario court decertifies employment misclassification class action

Can a procedural regime designed to foster access to justice become a vehicle for denial of justice?  In Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, Justice Morgan answered “yes” to this question and proceeded to decertify a class action […]

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L’encadrement législatif du travail des enfants au Québec : Rétrospection et Projet de Loi 19

Le 28 mars 2023, le Ministre du Travail Jean Boulet a présenté le projet de loi n°19, Loi sur l’encadrement du travail des enfants[1] (ci-après le « Projet de Loi »). Le 1er juin 2023, l’Assemblée nationale a adopté le Projet […]

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Enforceability of non-competition clauses

Canadian employers regularly attempt to protect their interests through “non-competition” clauses in their employment agreements, particularly when hiring employees who will play a key role within the employer’s organization, have access to sensitive client/customer information, and/or work closely with the […]

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Ontario’s minimum wage to increase to $16.55 per hour in October 2023

The Government of Ontario has announced that, on October 1, 2023, the general minimum wage in the province will rise to $16.55 per hour. This rise, from $15.50 per hour, amounts to a 6.8% pay raise for workers earning the […]

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Le Canada ratifie le tout premier traité mondial visant à mettre fin à la violence et au harcèlement en milieu de travail

Le 30 janvier 2023, le Canada a ratifié la Convention sur la violence et le harcèlement, 2019 (no 190) (la « convention C190 ») de l’Organisation internationale du Travail (OIT), premier traité mondial visant à mettre fin à la violence et au harcèlement en […]

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Ontario proposes mass termination protections for remote workers and increased information requirements for new hires

The Ontario Government is proposing updates to employment standards laws to ensure that remote workers receive the same “mass termination” protections as in-office employees.  It is also proposing changes that will enhance the amount of information that employers must give […]

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National Day for Truth and Reconciliation to become Statutory Holiday in BC

The BC Government has introduced a bill to make September 30, the National Day for Truth and Reconciliation, a provincial statutory holiday. The National Day for Truth and Reconciliation was first recognized by Canada in 2021 and is already recognized […]

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Canada might be heading towards a recession: Issues employers should keep in mind

With many, including former Bank of Canada Governor Mark Carney, predicting that Canada will enter into a recession in early 2023 there are several important factors employers should keep in mind. Recessions inherently spark anxiety due to the inability to […]

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ABCA confirms CERB payments are not deductible from wrongful dismissal damages

Last month our team shared an article with what was at the time the first decision from any appeal court in Canada to consider the question of whether payments received under the Canada Emergency Response Benefit Program (“CERB”) should be deducted […]

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Part two: Workplace considerations post-COVID-19 workplace mandates

In part one of this two-part series on transitioning from COVID-19 workplace mandates, we covered the latest and upcoming changes to COVID-19 workplace safety requirements in British Columbia. In part two, we explain what these changes mean in light of […]

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BCCA rules CERB payments are no longer deductible from wrongful dismissal damages

In a decision released on November 29, 2022, the B.C. Court of Appeal ruled that payments received under the Canada Emergency Response Benefit Program (“CERB”) are not deductible from wrongful dismissal damages, overturning a 2021 decision of the B.C. Supreme […]

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Bill 124 declared unconstitutional

On November 29, 2022, the Ontario Superior Court of Justice ruled[1] that Bill 124, Ontario’s public sector wage restraint legislation, is unconstitutional. As a result, the Court declared the statute void and of no effect. The provincial government has announced […]

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Temporary help agency and recruiter licensing framework in Ontario: Public consultations underway

On November 21, 2022,  the Ministry of Labour, Immigration, Training and Skills Development (the “Ministry”) began a public consultation process to develop regulations for the new temporary help agency and recruiter licensing framework. This new licensing framework was introduced as […]

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Avis aux employeurs : Nouvelle réglementation fédérale pour les congés de maladie payés dès le mois prochain

Le lundi 7 novembre 2022, le gouvernement fédéral a publié la version définitive du règlement pris en vertu du Code canadien du travail qui accorde dix jours de congé de maladie payé aux employés des secteurs sous réglementation fédérale (aviation, télécommunications, transport […]

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Ontario Government tables legislation to prohibit strike or lockout

On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022. If passed, this legislation would prohibit CUPE workers (approximately 55,000 Ontario education workers, including educational assistants, custodians, librarians, and early childhood educators) from striking […]

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Liability protection for Saskatchewan employers for COVID-19 measures, including mandatory vaccination

Saskatchewan employers now have statutory protection regarding the implementation of COVID-19 restrictions and regulations at the workplace in accordance with public health recommendations. The Saskatchewan Employment Amendment Act, 2021 confirms that employers who enacted mandatory vaccination policies were within their […]

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Avis aux employeurs : nouvelles règles en vigueur concernant les travailleurs étrangers et les voyages au Canada

Le 26 septembre 2022, de nouvelles dispositions du Règlement sur l’immigration et la protection des réfugiés sont entrées en vigueur, imposant de nouvelles obligations aux employeurs canadiens dans le cadre du Programme des travailleurs étrangers temporaires (lié aux études d’impact […]

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Une affaire récente souligne la nécessité de mettre à jour votre politique de vaccination contre la COVID-19

Dans l’affaire FCA Canada Inc. c. Unifor, Locals 195, 444, 1285[1], le syndicat a contesté le caractère raisonnable de l’exigence de vaccination contre la COVID-19 imposée par l’employeur (la « politique »). La principale question soumise à l’arbitre était de savoir si la politique était […]

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La vaccination contre la COVID-19 et la liberté religieuse

Les politiques de vaccination adoptées dans les lieux de travail à titre de mesures de santé et sécurité en lutte à la COVID-19 prévoyaient généralement des exceptions pour raisons médicales et d’autres motifs protégés par les lois sur les droits […]

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Jour de deuil en l’honneur de la reine : incidence du jour férié fédéral du 19 septembre 2022 sur les employeurs canadiens

À  l’occasion des funérailles de la reine Elizabeth II, le premier ministre Justin Trudeau a annoncé que le lundi 19 septembre 2022 serait un jour férié pour les employés du gouvernement fédéral. Cependant, dans son annonce, M. Trudeau n’a pas […]

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Alberta Court finds in favour of employer after employee refused to comply with mask policy

In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta weighed in on the effect of an employee’s unpaid suspension, as a result of his failure to follow a COVID-19 masking policy, on the […]

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Reasonable notice period capped at 24 months absent special circumstances

In a recent ruling the Supreme Court of British Columbia has reaffirmed that notice periods for wrongful dismissal in BC are capped at an upper limit of 24 months, absent special circumstances. In Okano v Cathay Pacific Airway Limited, 2022 […]

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Ontario Court of Appeal overturns decision upholding just cause termination provision

Last year, we reported on the Ontario Superior Court’s decision in Rahman v. Cannon Design Architecture Inc. (the “Rahman decision”), in which the Court upheld a contractual termination provision on the basis of the relative equality of bargaining power between […]

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BC introduces single-step union certification

Bill 10, titled the Labour Relations Code Amendment Act, 2022, received Royal Assent on June 2, 2022. The Bill was sponsored by The Honourable Harry Bains, the Minister of Labour, and introduces a number of changes to the Labour Relations […]

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Dealing with employees’ off-duty conduct

Employers are increasingly faced with public pressure to discipline employees who engage in offensive conduct or who post offensive content online while off-duty. Employers must balance this public pressure with their duties and obligations to their employees. Determining what to […]

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COVID-19 vaccination policies: Early employer successes in round two

A number of arbitration awards dealing with COVID-19 vaccination policies were released in late 2021 and early 2022.  While most of these policies were upheld, it remained to be seen how COVID-19 vaccination policies would be viewed once governments started […]

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Bill 88—Working for Workers Act, Part 2 passes third reading

On April 7, 2022, Ontario’s Bill 88 (the “Bill”) passed third reading in the Legislature and is anticipated to receive Royal Assent in the coming days. As summarized in our previous communique published when the Bill was first introduced, the […]

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Part one: BC relaxes COVID-19 workplace measures

British Columbia continues to take steps toward relaxing COVID-19 workplace safety requirements and returning employees to the office, in keeping with recent trends among provincial governments in Canada. On March 11, 2022, the B.C. Provincial Health Officer lifted mandatory face-cover […]

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Alberta dropping COVID-19 restrictions – considerations for employers

Alberta to lift COVID-19 restrictions The Government of Alberta recently announced a staged plan to loosen public health restrictions that were implemented in an effort to curb the spread of COVID-19. Stage One took effect February 8th and removed the […]

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More new requirements on the horizon for Ontario employers

On February 24, 2022, the Ontario government announced it would be introducing legislation requiring large employers to “tell their workers if, how and why” they are being monitored electronically.  This was followed by an announcement on February 28, 2022 that […]

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Collective bargaining in 2022

While truly an understatement, over the last two years society has undergone significant change. We have rising inflation.  We have seen COVID-19’s transformational effects on public health, the economy and the workplace. We have a growing understanding of mental well-being […]

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Reminder to Ontario employers: Upcoming AODA compliance reporting deadline

Ontario businesses and non-profits should note that the deadline to file an accessibility compliance report is June 30, 2021. All Ontario businesses and non-profit organizations with 20 or more employees are required to file a compliance report with the provincial […]

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Alberta Human Rights Commission dismisses complaints about mandatory mask policies

Companies in Canada have had to take unprecedented measures to respond to the COVID-19 pandemic over the past 18 months. While provincial and municipal governments have at times made it mandatory for people to wear face coverings while in indoor […]

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Ontario Ministry of Health provides clarity for medical exemptions to COVID-19 vaccination

With employers keeping busy drafting and enforcing vaccination policies in the last few weeks, many questions have been raised about medical exemptions from the requirement to get the COVID-19 vaccine. While employers are aware that human rights legislation requires them […]

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Ontario Government intends to raise minimum wage to $15 per hour

The Government of Ontario announced plans to raise minimum wage in response to increased costs of living during the COVID-19 pandemic. They propose to increase the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. If […]

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Is refusing to get vaccinated just cause for termination in the non-unionized workplace?

As workplaces around the country implement employee vaccination policies in response to the pandemic, the obvious question arises of what can be done to enforce them. A well-crafted policy will include provisions on what discipline may apply to employees who […]

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Ontario Court of Appeal issues welcome decision for employers on termination entitlements

In Battiston v Microsoft Canada Inc.,[1] the Ontario Court of Appeal enforced a stock option agreement that limited an employee’s entitlement to non-vested stock options upon termination. This decision offers some welcome news for employers navigating the thorny world of […]

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Ontario Government further extends paid IDEL and deemed IDEL provisions

On December 7, 2021, the Ontario Government announced the extension of the Ontario COVID-19 Worker Income Protection Benefit Program (“WIPB”) through to July 31, 2022. This program requires employers to provide employees with up to three days of paid infectious […]

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Changes coming to Ontario employment laws

On December 2, 2021, the Working for Workers Act, 2021 (the « Act ») received Royal Assent and came into force as law. As discussed in our previous communique, the Act will amend a number of statutes, including the Employment Standards Act, […]

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Government extends mandatory vaccination obligations to more federally-regulated employers

Minister of Labour, Seamus O’Regan Jr., has announced the Federal Government’s intention to make COVID-19 vaccination mandatory for almost all federally regulated workplaces. These workplaces include, amongst others, banks, interprovincial road transportation, postal and courier services, radio and television broadcasting, […]

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Another vaccination policy is upheld in arbitration

Bunge Hamilton Canada (“Bunge”) operates a processing facility in Hamilton.  Its facility had two sites separated by a roadway; one was owned by Bunge and the other was leased from the Hamilton Oshawa Port Authority (“HOPA”).  Under federal Transport Canada […]

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Paid sick leave is coming to BC on January 1, 2022

Beginning on January 1, 2022, workers in BC will be automatically entitled to a minimum of five paid sick days each calendar year. With this move, BC becomes the first province in Canada to legislate this level of paid time […]

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Government of Canada announces 10 days paid sick leave for federally-regulated workers

On November 26, 2021, the Government of Canada introduced legislation that will amend the Canada Labour Code to provide ten days of paid sick leave per year to workers in the federally-regulated private sector. The Government of Canada has expressed […]

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When are COVID-19 vaccination policies enforceable in unionized workplaces? A review of recent arbitration awards

In two decisions released last week, labour arbitrators ruled upon the enforceability of workplace COVID-19 vaccination policies. In one decision,[1] the arbitrator upheld the employer’s policy as reasonable. In another,[2] an employer’s vaccination policy was found to be unreasonable.  These […]

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Ontario introduces Bill 27, the Working for Workers Act, 2021: Disconnecting from work, limits on non-competes, licensing of temporary staffing agencies, and more

On Monday, October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021.   If passed, this Bill will require employers with 25 employees or more to develop “disconnecting from work” policies within six months from its effective date.  […]

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Federal Government announces further support measures for employers and workers

The Federal Government has announced further measures to assist employers and workers during the pandemic, including the extension of the Canada Recovery Hiring Program until May 7, 2022, at 50%. The Federal Government is also proposing the creation of two […]

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Episode 12: COVID-19 mandatory vaccination – Issues related to employment

What are some key elements that employers need to consider when rolling out a mandatory vaccination policy? Learn more from the newest episode of our podcast series on COVID-19 vaccines.

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Government of Ontario providing financial relief to help employers cope with impacts of COVID-19

On October 6, 2021, Monte McNaughton, the Minister of Labour, Training and Skills Development, announced a number of proposed changes that, if passed, will help employers across the province of Ontario cope with the economic hardship imposed by the COVID-19 […]

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Proof of vaccination or negative COVID-19 test required for access to a broad range of Saskatchewan businesses, event venues, and workplaces

Further to a press release issued by the Government of Saskatchewan on September 28th, 2021, effective October 1, 2021, everyone seeking access to a range of Saskatchewan businesses and venues will require proof of vaccination against COVID-19 or a negative […]

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Mandatory vaccination policies in the workplace: Considerations for employers

Over the past two months, governments across the country have begun implementing various vaccination measures in an effort to curb rising COVID-19 case numbers. All provincial governments have announced or have begun implementing some form of vaccine passport system to […]

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Ontario Human Rights Commission provides guidance for businesses navigating COVID-19 vaccination policies

On September 22, 2021, the Ontario Human Rights Commission (the “OHRC”) released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates. The OHRC’s statement provides welcome guidance for businesses looking to implement proof of vaccination requirements for […]

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Ontario Court upholds just cause termination provision

Last year, we reported on the Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc. (the “Waksdale decision”), in which the Court found that although drafted properly, a termination without cause provision in an employment contract was […]

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Ontario government extends temporary layoff provisions and paid IDEL

The Ontario Government has extended the maximum period of COVID-related temporary layoffs until January 1, 2022. Pursuant to Ontario Regulation 228/20 (the “IDEL Regulation”), during the “COVID-19 period,” employees are deemed to be on a job-protected Infectious Disease Emergency Leave […]

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4 key areas your remote work policy should cover

As we progress through the COVID-19 pandemic, we are seeing more businesses adopt a hybrid model workplace with some employees returning to the office and others continuing to work from home. With this new model likely to become the norm […]

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Ontario to require proof of vaccination in select settings

As Ontario braces for a Delta-driven fourth wave of COVID-19, the government has announced that it will require people to be fully vaccinated and to provide proof of their vaccination status to access certain businesses and settings. Starting September 22, […]

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Finding direction on directive #6: New COVID-19 vaccine policy requirements for health services providers

With Directive #6[1] (the « Directive ») recently issued by the Ontario Chief Medical Officer of Health, a broad variety of organizations will be required to implement workplace policies regarding proof of vaccination and antigen testing by September 7, 2021. This deadline […]

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Bill 32: Alberta’s proposed Restoring Balance in Alberta’s Workplaces Act

On July 7, 2020, the Government of Alberta introduced Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 (the “Bill”). This Bill proposes to amend Alberta’s Employment Standards Code and Labour Relations Code. The stated purpose of the Bill is […]

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Ontario makes COVID-19 vaccination policies mandatory for high-risk settings

As a result of the emergence of the Delta variant, the Government of Ontario is taking steps to increase protection for the most vulnerable populations, including frail seniors, immunocompromised individuals and young children who are not yet eligible for vaccination. […]

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Layoff obligations reinstated as business gets back to normal: Saskatchewan employment standards exemptions repealed

Introduction On August 5, 2021, pursuant to SR 81/2021 the Saskatchewan Government repealed Sections 44.2 to 44.4 of The Employment Standards Regulations, which were introduced in May of last year in response to the COVID-19 Pandemic, and reinstated certain pre-pandemic […]

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Pay Equity Act comes into force this summer for federally regulated employers

The Government of Canada has announced that the Pay Equity Act will come into effect on August 31, 2021. Employers in federally regulated industries will have three years to identify and correct pay disparities within their workplaces. This pay equity […]

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Federal government extends COVID-19 support measures

On July 30, 2021, the federal government proposed a variety of extensions to existing COVID-19 support programs for businesses and workers. The proposed changes are summarized below. For employers  The government has proposed extending the Canada Emergency Wage Subsidy, the […]

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Episode 7: Same workforce, different workplaces – Key considerations for adapting to remote work realities

In this episode, we discuss the new realities for employers in the post-pandemic workplace, including addressing health and safety issues for remote workers.

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Episode 8: What employers need to know about workplace COVID-19 vaccination policies

In this episode, we discuss the critical issues you need to think about before rolling out a COVID-19 vaccination policy at your workplace.

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Ontario court finds temporary layoffs due to COVID-19 are not constructive dismissal at common law

In a recent decision, Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 (“Taylor”), Justice Ferguson of the Ontario Superior Court of Justice held that an employee who was temporarily laid off due to COVID-19 was not constructively dismissed at common […]

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New paid holiday for federally-regulated employees: National Day for Truth and Reconciliation

On June 3, 2021, Bill C-5 (the “Bill”) received Royal Assent. The Bill amends the Canada Labour Code to add a tenth paid holiday for employees in the federally-regulated sector. The new holiday is designated as the National Day for […]

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Episode 4: Re-opening your business – Key considerations in returning your employees to work

Listen to Episode 4 of Morning Commute with Miller Thomson. Miller Thomson's Labour & Employment team discusses key takeaways for businesses and organizations preparing the workplace for returning employees.

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Episode 1: Critical communications in workplace investigations

Listen in your browser or subscribe via your preferred podcast platform: Listen on Spotify | Listen on Apple Podcasts Transcript: Nafisah: Welcome to Morning Commute with Miller Thomson.  You’re listening to Episode 1. Welcome and thanks for joining this Labour […]

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Manitoba launches two new leaves in response to COVID-19

Manitoba recently joined a number of other provinces in implementing paid leave programs in response to the COVID-19 pandemic. On May 7, 2021, Manitoba’s Premier announced that the province is launching a new Manitoba Pandemic Sick Leave program to fill […]

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Free rapid COVID-19 testing for eligible workplaces

Recently, a number of initiatives have been unveiled that will provide free rapid antigen testing to small and medium-sized businesses. Federal On May 7, 2021, the Federal Government announced that certain businesses and organizations can apply for free rapid tests […]

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B.C. introduces COVID-19-related paid leave and paid sick leave

On May 11, 2021, the British Columbia Government introduced legislation to amend the B.C. Employment Standards Act to give employees paid leave in the event they need to be away from work due to COVID-19: Bill 13 – 2021: Employment […]

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Saskatchewan introduces legislation to provide for paid sick leave

The Saskatchewan Government has introduced legislation, Bill 603, which would amend The Saskatchewan Employment Act to provide for paid sick leave.  If the legislation passes, employees would be entitled to paid sick leave of up to: 10 days in a […]

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COVID-19 paid sick leave program for Nova Scotia

The Nova Scotia Government has announced a COVID-19 paid sick leave program that will launch on May 26, 2021. Under this program, employees who need to take time off work because of COVID-19 may qualify for up to four paid […]

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Ontario enacts COVID-19 paid sick leave legislation

On April 29, 2021, the COVID-19 Putting Workers First Act, 2021 (the “Act”) received Royal Assent in Ontario. The Act amends the Employment Standards Act, 2000 to require provincially-regulated employers in Ontario to provide employees with up to three days […]

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Paid COVID-19 vaccination leave in place for B.C.

On April 27, the BC government’s amendments to the Employment Standards Act were passed providing employees with up to three hours of paid leave to get each dose of their vaccine. The amendments are retroactive to April 19, 2021. Pursuant […]

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Alberta Government expands rapid testing program

UPDATE April 26, 2021:  Businesses and service providers that want to access free rapid tests from the Government of Alberta will no longer be required to have a health-care provider oversee their screening program.  For more information, see the Alberta […]

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Alberta creates COVID-19 vaccine paid leave

The Alberta Government has passed legislation amending the Employment Standards Code to provide employees with up to three hours of paid, job-protected leave to get the COVID-19 vaccine. The amendment applies to all full-time and part-time employees regardless of length […]

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Budget 2021 – Items of interest for employers

The Federal Government’s Budget 2021 proposes a number of items that may be of interest to employers.  The key ones include: Expansion of the Canada Emergency Wage Subsidy and the Canada Emergency Rent Subsidy and Lockdown Support from June 2021 […]

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BC introduces COVID-19 vaccine paid leave

As discussed in a previous communique, the BC Government amended the Employment Standards Regulation, BC Reg 396/95, to create an unpaid leave for employees who require leave to be vaccinated against COVID-19 or to assist a dependant who is being vaccinated […]

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Workplace closures and a new Circuit Breaker Business Relief Grant in BC

In a recent joint statement, Dr. Bonnie Henry, B.C.’s provincial health officer, and Adrian Dix, Minister of Health, have advised that a new provincial health officer Expedited Workplace Closure Order is in place. Effective April 12, if an investigation determines […]

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Ontario implements travel restrictions and enhanced public health measures

Travel Restrictions Effective April 19, 2021 (12:01 a.m. Central Time in the Central Time Zone and 12:01 a.m. Eastern Time in the Eastern Time Zone of Ontario), travel into Ontario from Manitoba and Quebec is restricted by Ontario Regulation 293/21.  […]

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Ontario government provides information about employer-operated COVID-19 vaccination clinics

As Ontario’s vaccine rollout progresses, some employers have expressed an interest in hosting on-site vaccination clinics for employees. On April 13, 2021, the Ontario government provided information about how employers in COVID-19 hot-spots can inquire about the possibility of hosting […]

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Mesures d’urgence mises en place au Québec dans le cadre de la Loi sur la santé publique

Le 13 mars 2020, le gouvernement du Québec a déclaré l’état d’urgence sanitaire sur l’entièreté du territoire québécois en raison de la pandémie causée par la propagation du syndrome respiratoire aigu sévère Coronavirus 2 (SRAS-CoV-2). Le gouvernement a le pouvoir […]

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COVID-19 vaccinations and infectious disease emergency leave

UPDATE:  This amendment to the Guide was removed following publication of this article.   When dealing with employees who fail or refuse to take the COVID-19 vaccine, employers in Ontario may wish to consider, among other things, whether such employee(s) […]

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OHRT releases important decision on family status discrimination

In Kovintharajah v Paragon Linen & Laundry Services Inc.,[1] the Human Rights Tribunal of Ontario (the “Tribunal”) provided clarity on the test for family status discrimination and awarded one of the highest ever damages awards for this class of discrimination. […]

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Arbitrator finds paid sick leave not required in some COVID-19 situations

In a recent Saskatchewan arbitration decision, UFCW, Loc. 1400 v P&H Milling Group, it was decided that an employer was not required to pay sick leave to employees who: recently returned from outside of Canada and were required by a […]

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BC creates vaccination leave and expands COVID-19 leave

The Employment Standards Regulation, BC Reg 396/95, has been amended to create an unpaid leave for employees who require leave to be vaccinated against COVID-19 or to assist a dependant who is being vaccinated against COVID-19. The length of the […]

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Ontario Government provides guidance for workplace COVID-19 testing

On March 17, 2021, the provincial government published guidance for businesses and employees with respect to voluntary, supervised self-swabbing for COVID-19 via rapid antigen point-of-care tests. These tests can be performed at workplaces by trained individuals and do not require […]

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Government of Canada launches consultation on labour protections for “gig work” and on a “right to disconnect”

On March 18, 2021, the federal Minister of Labour, Filomena Tassi, invited Canadians to participate in an online consultation to share their views on: “gig work” – where workers enter into short-term contracts to complete specific and often one-off tasks, generally through […]

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Updates on COVID-19 supports

In light of the ongoing pandemic, the Federal Government has extended the following COVID-19 supports: Employment Insurance The number of weeks of EI regular benefits available has been extended by up to 24 weeks to a maximum of 50 weeks […]

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Paid vaccination leave

Saskatchewan has become the first jurisdiction in Canada to implement a paid leave to allow an employee to take time off work to be vaccinated for COVID-19. Saskatchewan’s The Occupational Health and Safety Regulations, 2020 have been amended to add a […]

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Wage subsidy and rent subsidy amounts to be extended

On March 3, 2021, the federal government announced that it intends to extend the current rate structures for the Canada Emergency Wage Subsidy, the Canada Emergency Rent Subsidy and Lockdown Support from March 14 to June 15, 2021. These programs […]

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Protection for employees accessing federal recovery program benefits

On February 3, 2021, the Government of Saskatchewan issued a press release announcing that it has amended The Employment Standards Regulations to extend job protection to employees accessing the Canada Recovery Sickness Benefit or the Canada Recovery Caregiving Benefit. Don […]

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Legislative amendments to standardize workplace PPE

On February 3, 2021, the Saskatchewan Government announced that it has made amendments to The Occupational Health and Safety Regulations, 1996 (“Regulation”) to standardize workplace requirements for first aid kits based on the Canadian Standards Association (“CSA”) standard 22110-17 guidelines. […]

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Further changes to the Alberta Labour Relations Code now in effect

Further amendments to the Labour Relations Code are now in force. Bill 32, the Restoring Balance in Alberta’s Workplaces Act, 2020, received royal assent on July 29, 2020. Many of the amendments to the Employment Standards Code and the Labour […]

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Costs awards: Your entitlement to indemnity for legal expenses

More so than most other forms of litigation, construction litigation often involves multiple parties and multiple issues, all of which typically result in a significant amount of documentary evidence as well as necessitating the input of expert witnesses.  As a […]

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Ontario government extends stay-at-home order across most of the province while announcing plans for re-opening

On Monday, February 8, 2021, the Ontario government announced in a press release that it is extending the Stay-at-Home order across most of the province.  The government further advised that when it is safe to do so, the province will […]

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Réouverture des entreprises non-essentielles et assouplissement d’autres mesures COVID-19 à travers le Québec

Depuis le 8 février 2021, certaines des mesures qui étaient en place depuis les quatre dernières semaines sont levées. Pour les régions considérées en zone rouge, les mesures n’ont cependant pas été modifiées de manière significative. Les régions en zone […]

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Disciplining employees for off-duty conduct

In recent days, there has been significant public conversation in the United States, Canada, and beyond surrounding the insurrectionist riot that occurred at the US Capitol on January 6, 2021. As photographs, video, and audio of (and by) participants is […]

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Further details on Ontario’s “stay at home” order

As we reported in our Communique on January 12, 2021, on Tuesday Premier Doug Ford announced that the Province of Ontario would be imposing a stay-at-home order effective as of midnight January 13, 2021. Only a handful of hours before […]

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Mise à jour concernant le couvre-feu en vigueur depuis ce samedi au Québec

En date du 7 janvier 2021, nous avons publié un communiqué concernant les nouvelles mesures en vigueur au Québec afin de contrôler la propagation communautaire de la COVID-19, incluant notamment l’application d’un couvre-feu national. En effet, depuis le samedi 9 […]

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Ontario issues “stay at home” order

This afternoon, Premier Doug Ford declared that the Province of Ontario issued a second Emergency Order under s. 7.01(1) of the Emergency Management and Civil Protection Act (EMPCA). While the details of the Emergency Order are still unclear, Premier Ford […]

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Federally regulated employers, check your employment contracts: Court finds termination provision unenforceable

In a decision that will be of interest to federally regulated employers, the Ontario Superior Court recently reviewed the enforceability of a termination provision in an employment agreement governed by the Canada Labour Code (the “CLC”). Given the relative rarity […]

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Un couvre-feu de 4 semaines ordonné au Québec

Le 6 janvier, le premier ministre du Québec, François Legault, a annoncé qu’à partir de samedi, le 9 janvier, le gouvernement du Québec mettra en place des mesures additionnelles afin de freiner la propagation communautaire de la COVID-19. Les nouvelles […]

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Federal update: New monetary penalties effective under the Canada Labour Code on January 1, 2021

On January 1, 2021, the Canada Labour Code (“the Code”), which applies to federally regulated employers, will be amended to add a new Part IV, titled “Administrative Monetary Penalties.” The purpose of Part IV is to establish an alternative penalty […]

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Federal Government implements increase to maximum subsidy rate under Canada Emergency Wage Subsidy (CEWS)

In its Fall Economic Statement, the federal government committed to increasing the maximum CEWS wage subsidy rate to 75%. On December 18, 2020, the federal government announced (see news release) that it had concluded the necessary regulatory changes to implement […]

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COVID-19: Cross country update (April 8, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy Further details on the proposed Canada Emergency Wage Subsidy (CEWS) were provided today by Finance Minister Bill Morneau. Amount of Subsidy The proposed CEWS would apply at […]

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COVID-19: Cross country update (March 24, 2020)

Federal The Government of Canada announced the following measures: The House of Commons reconvened March 24 to adopt the emergency financial support measures outlined by the federal government last week.  However, shortly after proceedings began, the Chamber suspended itself so […]

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Ontario extends temporary layoff provisions and IDEL to July 3, 2021

The Ontario Government has announced a further extension to the definition of the “COVID-19 period,” extending the maximum periods of COVID-related temporary layoffs from January 2, 2021 to July 3, 2021, before they are deemed to be terminations under the Employment […]

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Ensuring Safety and Cutting Red Tape Act, 2020 passed in Alberta

On December 9, 2020, Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020, received Royal Assent and became law in Alberta (the “Act”). The Act makes a number of amendments to workers’ compensation and occupational health and safety legislation […]

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Limits on WSIB premiums for 2021

On Tuesday, December 8, 2020, the Ontario government introduced Bill 238, the Workplace Safety and Insurance Amendment Act, 2020. If passed, this legislation would prevent unexpected increases to employers’ WSIB premiums in 2021. The proposed legislation would amend the Workplace […]

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COVID-19 restrictions reinstated or implemented across the country

With the increase in COVID-19 cases across the country, many areas of Canada this week have reinstated or implemented restrictions with the goal of controlling the spread of the disease.  Some of the key restrictions are set out below. Alberta […]

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Ontario announces COVID-19 workplace education and enforcement campaigns

On November 19, 2020, the government of Ontario announced that it is undertaking a series of education and enforcement campaigns to promote compliance with COVID-19 health and safety requirements. Over 1,000 businesses have been visited by enforcement officers to date. […]

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Proposed changes to workers’ compensation and occupational health and safety legislation in Alberta

On November 5, 2020, the Government of Alberta introduced Bill 47, Ensuring Safety and Cutting Red Tape Act, 2020 (the “Bill”). The stated purpose of the Bill is to: (i) make workplace safety laws easier to understand without making substantive […]

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Key considerations when re-opening your business

In recent days, much of the conversation around the COVID-19 pandemic has shifted to the subject of re-opening various sectors of the economy and the eventual return to a “new normal”. While the precise details of this re-opening remain unscheduled […]

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Ontario introduces new bill to insulate against COVID-19 liability

COVID-19 has placed an unprecedented strain on employers, retailers, service providers, and our health care system. Unfortunately, at the same time that we have all been experiencing and navigating the inevitable increased risks of operating in a pandemic, some providers […]

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De nouvelles mesures de soutien ciblées pour aider les entreprises frappées par la pandémie

Le gouvernement fédéral a annoncé de nouvelles mesures de soutien à l’intention des entreprises canadiennes afin que les employés puissent conserver leur emploi. Le gouvernement s’est dit conscient que, même si de nombreuses entreprises ont rouvert leurs portes, la plupart […]

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Supreme Court of Canada’s latest word on bonus entitlements on termination: Matthews v. Ocean Nutrition Canada Ltd.

The Supreme Court of Canada recently released its decision in Matthews v. Ocean Nutrition Canada Ltd.[1] This highly anticipated decision dealt with the entitlement to bonuses and long-term incentive plan amounts in assessing wrongful dismissal damages. The Court concluded that […]

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Ontario implements mandatory screening at workplaces

Ontario Regulation 530/20 amends Ontario Regulation 364/20 to make it compulsory for businesses or organizations that are open to operate in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on […]

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Canada Emergency Wage Subsidy extended

On September 25, the Deputy Prime Minister and Minister of Finance, the Honourable Chrystia Freeland, proposed extending the current treatment of furloughed employees under the Canada Emergency Wage Subsidy for an additional four week period, from September 27 to October […]

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Reminder to Ontario employers: Mandatory AODA compliance reports due December 31, 2020 and other important workplace requirements

Update: In follow up to our communique, the Directorate began notifying employers and other organizations via e-mail on October 8, 2020 that it has granted an extension for businesses and non-profits with 20 or more employees to file an accessibility […]

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The end of CERB: New recovery benefits proposed for workers not eligible for EI

UPDATE:  Bill C-2, An Act relating to economic recovery in response to COVID-19, received Royal Assent on October 2, 2020. The Federal Government has announced the introduction of Bill C-2, An Act relating to economic recovery in response to COVID-19, to […]

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COVID-19:  Cross country update (September 11 – 17)

Federal The Government of Canada announced the following measures: Extension to CERB The Canada Emergency Response Benefit Act provides for income support payments to workers who cease working for reasons related to COVID-19.  The total number of weeks for which […]

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COVID-19:  Cross country update (September 4-10, 2020)

Federal The Government of Canada announced the following measures: Extension of Rent Relief for Small Businesses Canada Emergency Commercial Rent Assistance (CECRA) has been extended by one month to help small businesses pay rent for September.  Application deadlines have been […]

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COVID-19: Cross country update (August 29 – September 3, 2020)

Federal The Government of Canada announced the following measures: Deadlines Extended for Canada Emergency Business Account and Business Credit Availability Program The application deadline for the Canada Emergency Business Account has been extended from August 31 to October 31, 2020. […]

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Ontario extends temporary layoff provisions

Today, the Ontario Government announced further amendments to extend the maximum periods of temporary layoffs to January 2, 2021, before they could be deemed to be terminations under the Employment Standards Act, 2000. The goal is to preserve jobs longer, […]

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COVID-19: Cross country update (August 27-28, 2020)

British Columbia The Government of British Columbia announced the following measures: Repealing the Haida Gwaii Travel Ban Via Order in Council, the ban on travel to Haida Gwaii for non-residents and non-essential travel has been repealed. For more information, see […]

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COVID-19: Cross country update (August 25-26, 2020)

Federal The Government of Canada announced the following measures: Prime Minister Announces Support for a Safe Return to School Prime Minister Trudeau announced up to $2 billion for provinces and territories through the Safe Return to Class Fund.  The funding […]

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COVID-19: Cross country update (August 15-17, 2020)

Federal The Government of Canada announced the following measures: Canada Revenue Agency Opens Applications for Enhanced Canada Emergency Wage Subsidy The Government implemented changes to the Canada Emergency Wage Subsidy (CEWS), which was created to help businesses affected by COVID-19 […]

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COVID-19: Cross country update (August 18-19, 2020)

British Columbia The Government of British Columbia announced the following measures: State of Emergency Extended to Continue B.C.’s COVID-19 Response. On August 19th, the B.C. Government extended the state of emergency in the province through the end of day on […]

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COVID-19: Cross country update (August 22-24, 2020)

Federal The Government of Canada announced the following measures: Government Extends Canada Emergency Wage Subsidy Support for Furloughed Employees for Four Weeks The Government announced the proposed extension of the current treatment of furloughed employees under the Canada Emergency Wage […]

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COVID-19: Cross country update (August 20-21, 2020)

Federal The Government of Canada announced the following measures: New Investment to Secure Made-in-Canada Supply of N95 Respirators to Protect Health Care Workers Prime Minister Trudeau and Premier Ford of Ontario announced an agreement with 3M Canada to expand a […]

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COVID-19:  Cross country update (August 13-14, 2020)

Federal The Government of Canada announced the following measures: Extended Time Limits for Mineral Leases in Nunavut The Government of Canada is extending certain time limits established by Nunavut Mining Regulations to aid in recovery from the impacts of COVID-19. […]

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COVID-19:  Cross country update (August 11-12, 2020)

Federal The Government of Canada announced the following measures: Updated Canada Emergency Wage Subsidy Calculator The Canada Emergency Wage Subsidy (CEWS) is designed to help employers who have been impacted by COVID-19 to keep workers on their payroll or bring […]

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COVID-19:  Cross country update (August 7-10, 2020)

Federal The Government of Canada announced the following measures: Temporary Change to Employment Insurance Program The Government of Canada is preparing to transition as many Canadians as possible from the Canada Emergency Response Benefit (CERB) back to the Employment Insurance […]

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COVID-19:  Cross country update (August 5-6, 2020)

Federal The Government of Canada announced the following measures: Expanded Infrastructure Program The Investing in Canada Instructure Program is undergoing changes which will give provinces and territories the ability to use funding to quickly act on a wider range of […]

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COVID-19:  Cross country update (August 1-4, 2020)

British Columbia The Government of British Columbia announced the following measures: Online Cannabis Sales for Pickup in Store In order to help prevent the spread of COVID-19 and limit customer times inside stores, the province has amended cannabis regulations to […]

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COVID-19: Cross country update (July 30-31, 2020)

Federal The Government of Canada announced the following measures: Measures to Protect Temporary Foreign Workers and Farms There have been a number of outbreaks on Canadian farms that have significantly impacted the health and safety of workers. To address this, […]

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Bill 32: Restoring Balance in Alberta’s Workplaces Act passed

On July 29, 2020, Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020, received Royal Assent and became law in Alberta (the “Act”). The Act makes a number of significant changes to labour and employment legislation in Alberta, including changes […]

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COVID-19:  Cross country update (July 28-29, 2020)

Federal The Government of Canada announced the following measures: Support for the Minerals and Metals Sector To support the minerals and metals sector in recovering from the COVID-19 pandemic, on July 29, the Federal Government announced that it will invest […]

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Some good news for employers: Expanded and extended Canada Emergency Wage Subsidy

Author’s Note:  The legislation reviewed below is now in force, having passed and received Royal Assent on July 27, 2020. On July 17, the Canadian Government released draft legislation with proposals to amend the Income Tax Act rules governing the […]

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COVID-19: Cross country update (July 25-27, 2020)

Federal The Government of Canada announced the following measures: Extension of Canada Emergency Wage Subsidy On July 27, 2020, Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent.  This legislation: 1. Expands and extends the Canada Emergency Wage […]

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COVID-19: Cross country update (July 23 – 24, 2020)

Federal The Government of Canada announced the following measures: Safe Restart Funding To help communities recover from the effects of the COVID-19 pandemic, the Canadian Government will be providing cities and towns across Canada with funding of up to $2 […]

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COVID-19: Cross country update (July 21 – 22, 2020)

Federal The Government of Canada announced the following measures: Essential Services Contingency Reserve As part of the Safe Restart Agreement, the Canadian Government is establishing the Essential Services Contingency Reserve to ensure that essential service organizations have access to personal […]

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COVID-19: Cross country update (July 18-20, 2020)

Federal The Government of Canada announced the following measures: Changes to CEWS, Support for Persons with Disabilities and Extensions to Time Limits On July 20, Finance Minister Bill Morneau introduced Bill C-20, An Act respecting further COVID-19 measures.  Highlights of […]

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Startling new case on termination clauses: Waksdale v. Swegon North America

The recent decision of the Court of Appeal for Ontario in Waksdale v. Swegon North America could significantly impact many employment termination provisions in Ontario.  The Court held that a “for cause” termination provision in an employment contract that was […]

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COVID-19: Cross country update (July 16-17, 2020)

Federal The Government of Canada announced the following measures: Proposed Expansion to Canada Emergency Wage Subsidy Finance Minister, Bill Morneau, has announced proposed changes to the Canada Emergency Wage Subsidy (CEWS) to broaden its reach including: Extending the CEWS until […]

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COVID-19:  Cross country update (July 14 & 15, 2020)

Federal The Government of Canada announced the following measures: Support for International Students In response to COVID-19, a number of temporary policy changes were made to support international students, learning institutions and other stakeholders: International students with valid study permits […]

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COVID-19: Cross country update (July 13, 2020)

British Columbia The Government of British Columbia announced the following measures: Extension of Authorization for Packaged Liquor The Government is extending the temporary authorization that allows restaurants and liquor primary licensees to sell and deliver sealed and packaged liquor products, […]

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COVID-19: Cross country update (July 10, 2020)

Federal The Government of Canada announced the following measures: Funding for COVID-19 Safety Measures in Forest Operations The Federal Government has announced its intention to provide up to $30 million dollars for small and medium enterprises in the forest sector […]

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Supreme Court strikes down Uber’s arbitration clause in Uber Technologies Inc. v. Heller, 2020 SCC 16

On June 26, 2020, the Supreme Court of Canada ruled that the arbitration clause in Uber’s standard form driver contracts, which requires disputes to be resolved through mediation and arbitration in the Netherlands, was unconscionable and thus invalid. As a […]

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COVID-19: Cross country update (July 9, 2020)

Federal The Government of Canada announced the following measures: Increase to Length of Employment Insurance Emergency Response Benefit Employees may be eligible for the Employment Insurance Emergency Response Benefit if they stop working for reasons related to COVID-19.  Interim Order […]

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COVID-19: Cross country update (July 8, 2020)

British Columbia The Government of British Columbia announced the following measures: State of Emergency Extended The provincial state of emergency has been formally extended to July 21, 2020. This allows the Minister of Public Safety and Solicitor General to continue […]

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Federal update: New workplace harassment and violence requirements effective January 1, 2021

On June 24, 2020, the Federal Government published the Workplace Harassment and Violence Prevention Regulations (the “Regulations”). The Regulations set out requirements aimed at addressing workplace violence and harassment. They will come into force on January 1, 2021, replacing Part […]

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COVID-19: Cross country update (July 7, 2020)

Federal The Government of Canada announced the following measures: Service Canada Begins Gradual Reopening 90 Service Canada Centres will be opening across the country in accordance with public health  guidelines. The re-opening of these services will be in addition to […]

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COVID-19: Cross country update (July 6, 2020)

Federal The Government of Canada announced the following measures: One Time Tax-Free Payment for Seniors Seniors are facing increased health, economic and social challenges due to COVID-19. In response to these difficulties, the government is providing a one-time, tax-free payment […]

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COVID-19: Cross country update (July 3, 2020)

Federal The Government of Canada announced the following measures: Canada and British Columbia Invest in Infrastructure In order to support community needs and economic recovery in light of COVID-19, there will be new investments in community infrastructure projects throughout British […]

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COVID-19: Cross country update (July 2, 2020)

Federal The Government of Canada announced the following measures: Relief measures for Registered Pension Plans and Deferred Salary Leave Plans Proposed amendments to the Income Tax Regulations were announced today by Finance Minister Morneau to provide relief to participating employers […]

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COVID-19:  Cross country update (June 30, 2020)

Federal The Government of Canada announced the following measures: Travel Restrictions Remain in Place for July Holidays The Canada Border Services Agency is reminding all travellers that travel restrictions are still in place at all Canadian international border crossings until […]

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COVID-19: Cross country update (June 29, 2020)

Federal The Government of Canada announced the following measures: Deferral on Sales Tax and Duty Payments Ending On March 27, 2020, the Federal Government announced that it would allow businesses to defer all Goods and Services Tax/Harmonized Sales Tax (GST/HST) […]

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COVID-19:  Cross country update (June 26, 2020)

Federal The Government of Canada announced the following measures: Official Travel Advice The Government of Canada reminds all Canadians that a global travel advisory to avoid all non-essential travel outside Canada remains in effect.  The Canadian Government also advises travellers to […]

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COVID-19 related temporary layoff period extended again for Alberta employees

Prior to the COVID-19 pandemic, Alberta’s Employment Standards Code, RSA 2000, c E-9, stated that employees who were temporarily laid off for one or more periods exceeding, in total, 60 days within a 120-day period were deemed to have been […]

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COVID-19:  Cross country update (June 25, 2020)

Federal The Government of Canada announced the following measures: Funding for Covid-19 Research Today, the Honourable Patty Hajdu, Canada’s Minister of Health, announced an investment of more than $109 million over one year for COVID-19 research. This investment will support […]

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Recognizing and addressing racism in the workplace: Considerations for employers

The issue of systemic racism (particularly against Black and Indigenous persons) has been at the forefront of public discourse in Canada in recent weeks. As the conversation has taken hold, many employers have started to interrogate their own structures in […]

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COVID-19: Cross country update (June 24, 2020)

British Columbia The Government of British Columbia announced the following measures: Entering Phase 3 The Premier of British Columbia, John Horgan, announced today that B.C. is now entering Phase 3 of its four-phase restart plan, which includes the return of […]

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COVID-19:  Cross country update (March 23, 2020)

Federal Prime Minister Justin Trudeau beseeched Canadians to follow public health guidelines and has warned that if they fail to, the government may be forced to implement stiff enforcement measures. The Prime Minister also said there will be: a $5 […]

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COVID-19:  Cross country update (April 24, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Commercial Rent Assistance – for all Provinces and Territories Today, Prime Minister Justin Trudeau announced that the federal government has reached an agreement-in-principle with all provinces and territories to […]

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COVID-19:  Cross country update (April 1, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy The Government has announced a wage subsidy of 75% of employee wages, to reimburse employers with qualifying businesses, for up to 12 weeks, retroactive to March 15, […]

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COVID-19: Cross country update (March 30, 2020)

Federal The Government of Canada announced the following measures: Wage Subsidy Prime Minster Justin Trudeau announced today that the wage subsidy program will no longer be limited to small and medium-sized business.  Instead, any business or non-profit organization with a […]

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COVID-19: Cross country update (June 23, 2020)

Federal The Government of Canada announced the following measures: Temporary Layoff Period Extended for Federally Regulated Employers Today, the Honourable Filomena Tassi, Minister of Labour, announced changes to extend the time periods for temporary layoffs to allow federally regulated employers […]

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COVID-19:  Cross country update (June 22, 2020)

British Columbia The Government of British Columbia announced the following measures: Deferral of Electricity Costs Extended The Government of British Columbia and BC Hydro are extending the opportunity for companies to defer electricity bill payments for another three months, through […]

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COVID-19:  Cross country update (June 19, 2020)

Federal The Government of Canada announced the following measures: Investing in Green Jobs for Youth Today, the Minister of Natural Resources, Seamus O’Regan, announced $15.8 million for the creation of green jobs and training opportunities for Canadian youth in the […]

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COVID-19:  Cross country update (June 18, 2020)

Federal The Government of Canada announced the following measures: New Mobile App Launch for COVID-19 Exposure Today, Prime Minister Justin Trudeau announced the upcoming launch of a new nation-wide mobile app to provide notifications of exposure to COVID-19 across Canada, […]

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Canada Emergency Wage Subsidy: As enacted, extended and proposed to be amended

Updated on May 19, 2020 To encourage businesses to retain their employees during the COVID-19 pandemic, Parliament convened on an emergency basis on April 11, 2020 to enact Bill C-14, which legislates the Canada Emergency Wage Subsidy (the “CEWS”).  Details […]

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COVID-19: Cross country update (June 17, 2020)

Federal The Government of Canada announced the following measures: Camping Resumes Starting on June 22, 2020, Parks Canada will begin to offer some camping services at select national parks and national historic sites across the country in alignment with the […]

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COVID-19:  Cross country update (June 16, 2020)

Federal The Government of Canada announced the following measures: Extension to the Canada Emergency Response Benefit Today, Prime Minister Justin Trudeau announced that the government is extending the Canada Emergency Response Benefit (CERB) by eight weeks. CERB is a taxable […]

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COVID-19: Cross country update (June 15, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Response Benefit Prime Minister Justin Trudeau announced today that the Federal Government intends to extend the Canada Emergency Response Benefit (CERB).  CERB was launched in April and the final […]

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COVID-19:  Cross country update (June 12, 2020)

Federal The Government of Canada announced the following measures: Funding for Food Production and Processing Sector Today, the $77.5 million Emergency Processing Fund was launched.  This program prioritizes projects based on two objectives: Strategic investments to assist companies to improve, automate, […]

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COVID-19:  Cross country update (June 11, 2020)

Federal The Government of Canada announced the following measures: Supporting Communities Across the Country On June 11, Infrastructure and Communities Minister, Catherine McKenna, confirmed that each province and territory in Canada has received money through the federal Gas Tax Fund […]

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COVID-19:  Cross country update (June 10, 2020)

Federal The Government of Canada announced the following measures: Support for Businesses to Open Safely Today, the Canadian Government announced that it has partnered with the People Outside Safely Together (POST) Promise program, an initiative launched by Canadian private sector organizations […]

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COVID-19: Cross country update (June 9, 2020)

Federal The Government of Canada announced the following measures: Supply Hub for Personal Protective Equipment Today, the Government of Canada launched a new web hub to bring together available resources for organizations buying and selling personal protective equipment (PPE). The Supply Hub […]

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COVID-19: Cross country update (June 8, 2020)

Federal The Government of Canada announced the following measures: Support for Persons with Disabilities On June 6, as part of National AccessAbility Week, the Federal Government announced an additional $1.1 million in funding to support national disability organizations through the […]

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COVID-19:  Cross country update (June 5, 2020)

Federal The Government of Canada announced the following measures: Support for Canadians with Disabilities Prime Minister Justin Trudeau announced support to help Canadians living with disabilities deal with extra expenses during the pandemic. This support includes a special one-time, tax-free […]

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COVID-19: Cross country update (June 4, 2020)

Federal The Government of Canada announced the following measures: Funding for Canadian Seniors The Prime Minister, Justin Trudeau, announced today that seniors eligible for the Old Age Security (OAS) pension and the Guaranteed Income Supplement (GIS) will receive a special […]

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COVID-19: Cross country update (June 3, 2020)

Federal The Government of Canada announced the following measures: Face Coverings in Transportation Sector The Minister of Transport, Marc Garneau, announced today that he is expanding the requirements for the use of face coverings by workers and others involved in […]

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COVID-19: Cross country update (June 2, 2020)

Federal The Government of Canada announced the following measures: Application for Funding Projects by the Enabling Accessibility Fund Today, Carla Qualtrough, Minister of Employment, Workforce Development and Disability Inclusion, announced the launch of a call for proposals under the newly […]

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Critical Ontario COVID-19 update on emergency leave, temporary layoffs and constructive dismissals

By way of a O. Reg 228/20 filed on May 29, 2020 (the “Regulation”) under the Employment Standards Act, 2000 (“ESA”) , the Ontario government has extended the Infectious Disease Emergency Leave to apply to non-unionized employees “whose hours of […]

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COVID-19: A new era for unionization?

Now, perhaps more than ever, we are seeing unprecedented changes in the employment relationship.  Many businesses have been forced to take drastic measures to protect the financial stability of their operations in light of COVID-19.  While non-unionized employers react to […]

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COVID-19: Cross country update (June 1, 2020)

Federal The Government of Canada announced the following measures: Federal Gas Tax Fund Prime Minister Justin Trudeau, today announced that funding delivered through the federal Gas Tax Fund will be accelerated this year. This means $2.2 billion in annual federal […]

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COVID-19: Cross country update (May 29, 2020)

Federal The Government of Canada announced the following measures: Government Relief for Pension Plan Sponsors Today, Finance Minister Bill Morneau announced the coming into force, on May 27, of the government’s Solvency Special Payment Relief Regulations, 2020, which establish a temporary […]

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COVID-19: Cross country update (May 28, 2020)

British Columbia The Government of British Columbia announced the following measure: Jobs in British Columbia’s Agricultural Sector British Columbians are now able to access a new online resource that will make it easier to learn about jobs and careers in […]

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COVID-19: Cross country update (May 27, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy Expansion Income Tax Regulations have been amended to allow additional employers to become eligible for the Canada Emergency Wage Subsidy (CEWS). These additional employers include registered journalism […]

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COVID-19:  Cross country update (March 20, 2020)

Federal The Government of Canada announced the following measures: Commissioner of Competition Matthew Boswell issued a statement saying that the Competition Bureau “remains vigilant against potentially harmful anti-competitive conduct by those who may seek to take advantage of consumers and […]

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COVID-19: Cross country update (March 19, 2020)

Federal The Government of Canada announced the following measures: On March 19, Finance Minister Bill Morneau said that Canadians who are not covered by the unemployment system can expect emergency funding in 2-3 weeks. On March 19, Prime Minister Justin […]

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COVID-19: Cross country update (March 18, 2020)

Federal The Government of Canada announced a new set of economic measures to help stabilize the economy:  $27 billion in direct support will be given to Canadian workers and businesses.  Highlights include: Support for Canadians 1. Temporary Income Support for […]

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Changes to Employment Laws in Alberta: The Passage of Bill 2 and New Regulations

On May 29, 2019, we provided an overview of Bill 2: An Act to Make Alberta Open for Business, which was introduced by the United Conservative Party (“UCP”) in Alberta shortly after the party came into power earlier this year. […]

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COVID-19:  Cross country update (May 26, 2020)

Federal The Government of Canada announced the following measures: Youth Employment and Skills Program in Agriculture Sector Today, an investment of up to $9.2 million was announced to enhance the Youth Employment and Skills Program (YESP) and fund up to […]

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COVID-19: Cross-Canada support programs for employers and employees

This chart sets out employment-related support programs across Canada for businesses and workers. It does not include the myriad of other programs designed to assist individuals or families independent of employment status. It is current to April 1, 2020. Download […]

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COVID-19: Cross country update (May 25, 2020)

Federal The Government of Canada announced the following measures: Financial Planning Advice for Small Businesses The Government of Canada will support the launch of a four-week hotline service called the Business Resilience Service. This service will help entrepreneurs and small […]

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COVID-19: Cross country update (May 22, 2020)

Federal The Government of Canada announced the following measures: Online Tool for Finding Financial Help A web-based benefits finder tool, Find financial help during COVID-19, has been launched on canada.ca/coronavirusbenefits, to help people determine which government benefits programs best meet their […]

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COVID-19:  Cross country update (May 21, 2020)

Federal The Government of Canada announced the following measures: Additional Support for Indigenous Peoples Today, Prime Minister Justin Trudeau announced $75 million in new funding for Indigenous organizations providing services to Indigenous peoples in urban centres and off reserve.  This […]

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COVID-19: Cross country update (May 20, 2020)

Federal The Government of Canada announced the following measures: COVID-19 Resources In his daily update today, Prime Minister Justin Trudeau reminded the public that they can visit the government’s website to find information about all available federal government supports for […]

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COVID-19: Cross country update (May 19, 2020)

Federal The Government of Canada announced the following measures: Expansion of Canada Emergency Business Account Today, Prime Minister Justin Trudeau announced an expansion to the eligibility criteria for the Canada Emergency Business Account (CEBA) to include many owner-operated small businesses.  […]

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Occupational health and safety tips for restarting your BC business

On May 6, 2020, British Columbia Premier John Horgan, alongside Minister of Health Adrian Dix and Provincial Health Officer Dr. Bonnie Henry, announced the details of BC’s Restart Plan for the reopening of the provincial economy and a return to […]

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COVID-19:  Cross country update (May 15, 2020)

Federal The Government of Canada announced the following measures: Extension of Canada Emergency Wage Subsidy Finance Minister Bill Morneau today announced that the Government of Canada will extend the Canada Emergency Wage Subsidy (CEWS) by an additional 12 weeks to […]

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COVID-19:  Cross country update (May 14, 2020)

Federal The Government of Canada announced the following measures: Reminder of Travel Restrictions With the upcoming long weekend approaching, the Canada Border Services Agency is reminding people that the travel restrictions announced in March are still in place at all of Canada’s international border […]

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COVID-19:  Cross country update (May 13, 2020)

Federal The Government of Canada announced the following measures: Regional Relief and Recovery Fund $962 million in additional support will now be available to support businesses and organizations that are key to the regions and local economies.  The new Regional […]

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COVID-19:  Cross country update (May 12, 2020)

Federal The Government of Canada announced the following measures: NRC Vaccine Collaborations The National Research Council of Canada (NRC) today announced two collaborations.  The first is with CanSino Biologics Inc. (CanSinoBIO) to advance bioprocessing and clinical development in Canada of […]

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COVID-19:  Cross country update (May 11, 2020)

Federal The Government of Canada announced the following measures: Large Employer Emergency Financing Facility Today Prime Minister Justin Trudeau announced support for large and medium-sized businesses so they can keep their workers on the payroll and survive the COVID-19 pandemic.  […]

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COVID-19: Cross country update (May 8, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy Extended During his daily coronavirus update, Prime Minister Justin Trudeau announced that the Canada Emergency Wage Subsidy (CEWS) will be extended beyond June to help kick-start Canada’s […]

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COVID-19:  Cross country update (May 7, 2020)

Federal The Government of Canada announced the following measures: Wage Boost for Essential Workers Prime Minister Justin Trudeau announced today that all provinces and territories have confirmed, or are in the process of confirming, plans to cost share wage top-ups […]

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COVID-19:  Cross country update (May 6, 2020)

Federal The Government of Canada announced the following measures: Crack Down on Deceptive Marketing Claims The Competition Bureau is warning all businesses against making false or misleading claims that their products and services can prevent, treat or cure COVID-19.  The […]

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COVID-19:  Cross country update (May 4, 2020)

Federal The Government of Canada announced the following measures: COVID-19 Supply Council On May 3, the Minister of Public Services and Procurement, Anita Anand, announced the creation of the COVID-19 Supply Council, which will provide the government with advice on […]

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COVID-19:  Cross country update (May 5, 2020)

Federal The Government of Canada announced the following measures: Supports for Farmers, Food Businesses and Food Processors Today, Prime Minister Justin Trudeau announced an investment of more than $252 million to support farmers, food businesses, and food processors and an […]

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COVID-19:  Cross country update (May 1, 2020)

Federal The Government of Canada announced the following measures: New Digital Initiatives The Canadian Government has introduced two new additions to its suite of virtual tools to support the health and wellness of Canadians during the COVID-19 pandemic: Get Updates […]

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Workplace safety guidelines

In anticipation of reopening the provincial economy, the Ontario government has released workplace safety guidelines for employers with COVID-19 precautions, including sector-specific health and safety guidance.  The guidelines provide direction to the manufacturing, food manufacturing and processing, restaurant and food […]

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Réouverture de certains secteurs de l’économie québécoise – Les règles et outils de la CNESST

Le 28 avril 2020, le gouvernement du Québec a annoncé son plan de réouverture de certains secteurs économiques du Québec. Cette réouverture qui aura lieu au mois de mai se fera progressivement en fonction de certains secteurs de l’économie québécoise […]

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COVID-19:  Cross country update (April 30, 2020)

British Columbia The Government of British Columbia announced the following measures: Stumpage Fees Deferred To help the forestry sector through the COVID-19 pandemic, the B.C. Government is deferring stumpage, the fee operators pay the Province to harvest, buy or sell […]

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COVID-19:  Cross country update (April 29, 2020)

Federal The Government of Canada announced the following measures: Bill C-15, the Canada Emergency Student Benefit Act had First Reading April 29, 2020.  As previously announced, if passed, this bill will provide $9 billion in support for students including: the […]

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COVID-19:  Cross country update (April 28, 2020)

Federal The Government of Canada announced the following measures: Restarting the Economy The federal, provincial and territorial governments have released a joint statement for restarting the economy. A gradual approach will be used that protects the health of Canadians and […]

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COVID-19: Cross country update (April 27, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy Today, the application process for the Canada Emergency Wage Subsidy (CEWS) was launched.  Employers can apply for the CEWS through My Business Account or through the CRA’s online application portal, […]

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Changements importants à la suspension des activités «&nbsp non essentielles&nbsp » ordonnés par le gouvernement du Québec

En date du 23 mars 2020, le Gouvernement du Québec a annoncé que toutes les entreprises québécoises qui rendent des services et exercent des activités « non essentielles » devront suspendre leurs activités à partir du 25 mars 2020 à 00 :01, et […]

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Temporary foreign workers and COVID-19

With the global spread of COVID-19, governments all over the world have been implementing extraordinary measures in an effort to contain the virus and its effects on the population. As part of these measures, the Government of Canada announced air […]

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A streamlined approach to emergency benefits for workers in the wake of COVID-19

In the preceding weeks, nearly one million Canadians have applied for employment insurance benefits (“EI”) as a result of the COVID-19 pandemic. The system is overwhelmed by the high volume of applications. In response, and as part of its economic […]

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COVID-19: Cross country update (March 29, 2020)

Federal The Government of Canada announced the following measures: Parks Canada Parks Canada will work with tourism operators in national parks, historic sites, and marine conservation areas to defer payments on commercial leases and licences of occupation without interest until […]

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New details on Canada emergency wage subsidy – Real help for employers

The Government has announced a wage subsidy of 75% of employee wages, to reimburse employers with qualifying businesses, for up to 12 weeks, retroactive to March 15, 2020.  The following details were announced today: The Canada Emergency Wage Subsidy (“Subsidy”) […]

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Update to Canada Emergency Response Benefit (CERB) eligibility

On April 1, 2020, the Federal Government provided further detail on eligibility criteria for the Canada Emergency Response Benefit (CERB), a recently announced program designed to provide temporary income support of $2,000 per month to employees who have lost income […]

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COVID-19:  Cross country update (April 23, 2020)

Federal The Government of Canada announced the following measures: Prime Minister Justin Trudeau today announced more than $1 billion in support of a national medical research strategy to fight COVID-19 that includes vaccine development, the production of treatments, and tracking […]

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COVID-19:  Cross country update (April 22, 2020)

Federal The Government of Canada announced the following measures: Students and New Grads Today, Prime Minister Justin Trudeau announced support of nearly $9 billion for post-secondary students and recent graduates.  Proposed supports include: a proposed Canada Emergency Student Benefit for […]

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COVID-19: Cross country update (April 21, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy Calculator The government has launched the Canada Emergency Wage Subsidy calculator to support employers as they prepare to apply for the CEWS. Read about it in this […]

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The Canada Emergency Wage Subsidy at your fingertips

Canada Emergency Wage Subsidy calculator As previously reported, the Government is implementing the Canada Emergency Wage Subsidy (CEWS), which will provide a 75% wage subsidy of up to $847 per employee per week, to eligible employers, for up to 12 […]

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COVID-19: Cross country update (as of March 17, 2020)

Over the past 48 hours, numerous measures have been introduced by the federal and provincial governments across Canada, including increased travel restrictions, mandatory closures and other public orders, and announcements relating to leaves of absence.  This bulletin provides a summary […]

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Federal efforts on COVID-19 to assist employers & employees

On March 11, 2020, the Federal Government announced the establishment of a $1-billion package to address the COVID-19 virus outbreak (which is now a global pandemic according to the World Health Organization).  Part of the funds, $275 million, will be […]

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Votre entreprise souffre-t-elle des effets des barrages ferroviaires et du Coronavirus? Voici un programme gouvernemental qui pourrait vous aider

Les effets des récents barrages des voies ferroviaires du CN, qui causent des retards dans la circulation des biens, et les impacts du Coronavirus sur l’importation des biens provenant d’Asie, touchent de nombreuses entreprises partout au Canada. Si votre entreprise […]

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Mise à jour : gestion de la COVID-19 en milieu de travail

Aperçu de la situation (en date du 15 mars 2020) Le 11 mars 2020, le nouveau Coronavirus 2019 (la « COVID-19 ») a été qualifié de pandémie par l’Organisation mondiale de la santé. Jusqu’à présent, plus de 100 pays ont rapporté des […]

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Prévenir le Coronavirus : Gérer les risques en milieu de travail

La récente épidémie du nouveau coronavirus (2019-nCoV) (« Coronavirus ») continue de susciter des inquiétudes partout dans le monde, ce qui va surement augmenter, étant donné que l’Organisation mondiale de la santé (« OMS ») a classé l’épidémie comme étant une « urgence de santé […]

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COVID-19:  Cross country update (April 20, 2020)

Federal The Government of Canada announced the following measures: Canada/U.S. Border Restrictions Extended Current border restrictions will be extended for an additional 30 days. Non-essential travel across the border is restricted, including travel for recreation and tourism purposes. The border […]

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COVID-19:  Cross country update (April 17, 2020)

Federal The Government of Canada announced the following measures: Small Businesses The Prime Minister today announced the following new initiatives to help small businesses: $675 million will be provided to the six Regional Development Agencies (RDAs) across Canada and $287 […]

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COVID-19:  Cross country update (April 16, 2020)

Federal The Government of Canada announced the following measures: Additional Supports for Small Businesses Prime Minister Justin Trudeau announced new measures to support small businesses: The expansion of the Canada Emergency Business Account to businesses that paid between $20,000 and […]

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COVID-19:  Cross country update (April 15, 2020)

Federal The Government of Canada announced the following measures: Expanding Access to the Canada Emergency Response Benefit The Canada Emergency Response Benefit (CERB) provides $2,000 every four weeks for up to four months to workers who lose their income as […]

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COVID-19:  Cross country update (April 14, 2020)

Federal The Government of Canada announced the following measures: Temporary Foreign Workers A $50 million proposal has been announced to help farmers, fish harvesters, and all food production and processing employers put in place the measures necessary to follow the […]

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COVID-19: Cross country update (April 12, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Wage Subsidy The bill that creates the Canada Emergency Wage Subsidy (CEWS), COVID-19 Emergency Response Act, No. 2, received Royal Assent on April 11, bringing the CEWS into law.  […]

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COVID-19: Cross country update (April 9, 2020)

Federal The Government of Canada announced the following measures: Starting today, small business owners can apply for support from the Canada Emergency Business Account through their banks and credit unions.  Eligible small businesses and non-profit organizations can get interest-free loans […]

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COVID-19:  Cross country update (April 7, 2020)

Federal The Government of Canada announced the following measures: Canada’s Plan to Mobilize Industry to Fight COVID-19 Prime Minister Justin Trudeau revealed further progress under Canada’s Plan to Mobilize Industry to Fight COVID‑19 that will help provide vital, made‑in‑Canada protective […]

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COVID-19: Cross country update (April 6, 2020)

Federal The Government of Canada announced the following measures: Canada Emergency Response Benefit Canadians can now apply for the Canada Emergency Response Benefit (CERB) and are asked to apply over four days depending on their birth month.  For those using […]

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Statutory temporary layoffs across Canada (current to April 3, 2020)

Many of our clients are considering the use of temporary layoffs to deal with the impact of the coronavirus on their businesses. For ease of reference, we have outlined the rules under the provincial employment standards legislation across Canada, and […]

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COVID-19: Cross country update (April 3, 2020)

Federal The Government of Canada announced the following measures: $100 million will be provided to national, regional and local organizations, such as food banks, across Canada to improve access to food for Canadians facing social, economic and health impacts of […]

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COVID-19: Cross country update (April 2, 2020)

Federal The Government of Canada announced the following measures: The Honourable Bill Blair, Minister of Public Safety and Emergency Preparedness, has released the “Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic” to help governments in various […]

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COVID-19: Cross country update (March 31, 2020)

Federal The Government of Canada announced the following measures: Critical Health Supplies On March 20, 2020, the Government of Canada called on Canadian businesses and manufacturers to help deliver critical health supplies.  The government has now signed agreements with several […]

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Labour & Employment Issues in the Mining Sector

Ontario has approximately 40 underground mines, with about 25,000 workers, located mostly in Northern Ontario. Minerals such as copper, nickel, gold and other precious metals, diamonds, salt and gypsum are extracted.  Ontario also has several thousand surface open pits, quarries, […]

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COVID-19:  Cross country update (March 27, 2020)

Federal The Government of Canada announced the following measures: Wage Subsidy Previously, the government had announced that eligible small business employers, non-profit organizations and charities would be provided with a temporary wage subsidy for a period of three months equal […]

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COVID-19: Cross country update (March 26, 2020)

Federal The Government of Canada announced the following measures: As of midnight on March 25, the Emergency Order under the Quarantine Act is in effect and requires any person entering Canada by air, sea or land to self-isolate for 14 […]

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COVID-19: Cross country update (March 25, 2020)

Federal The Government of Canada announced the following measures: Mandatory Quarantine Federal Health Minister Patty Hajdu announced that effective midnight on March 25, all travellers returning to Canada, except “essential workers,” will have to enter a mandatory 14-day quarantine and […]

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COVID-19: Cross country update (March 22, 2020)

British Columbia The Government of British Columbia announced the following measures: Personal service establishments, such as barbershops, salons, nail estheticians, health spas, massage parlours, tattoo shops, and others have been ordered to close until further notice. Steps are being taken […]

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Civil contempt of court in the labour context

An ongoing and high profile Saskatchewan labour dispute between Consumers’ Co-Operative Refineries Ltd. (the “Co-Op”) and Unifor Canada, Local 594 (the “Union”) spilled over into the courts recently, providing an opportunity to examine the court’s powers to find a party […]

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Labour Board rules that Foodora couriers can unionize

In Canadian Union of Postal Workers v Foodora Inc., released on February 25, 2020, the Ontario Labour Relations Board (the « Board ») held that Foodora couriers can unionize under the Labour Relations Act, 1995 (« Act ») on the basis that they are […]

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Saskatchewan litigants must “pick a lane”

Saskatchewan has so many administrative tribunals that they have formed an Association of their own. While some questions can only be answered by one particular tribunal, in many instances tribunals have “shared jurisdiction” over issues. For example, jurisdiction over The […]

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Dismissal for delay in a human rights complaint

Case Comment: Burke v Saskatchewan Human Rights Commission, 2019 SKQB 339 In 2015, the Saskatchewan Human Rights Commission (the “Commission”) received a complaint naming Gregory Burke as well as two corporate employers as respondents.  At the time, Mr. Burke was […]

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The Hidden Risks Associated with Social Media Background Checks

In the digital age, an individual’s personal information is often only a few keystrokes away.  The prolific use of social media platforms, including Facebook, Twitter, Instagram, YouTube, LinkedIn, and Reddit, offer an abundance of personal details.  While employers might value […]

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Alberta Court Confirms Legal Test for Assessing Appropriateness of Post-Incident Drug and Alcohol Testing

Think alcohol and drug testing is always an appropriate response to a workplace accident? Think again. The Alberta Court of Queen’s Bench recently affirmed that, in order for an employer to justify drug and alcohol testing, there must be a […]

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Recouping Employee Training Costs

Many employers have had the frustrating experience of investing significant time and money into training an employee only to have that employee quit before the employer realizes the benefit of the training costs expended. However, in some circumstances, and with […]

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Termination Clauses in BC: Perfection (Maybe) Not Required

Perhaps the most important clause in any employment contract is the termination clause.  Without it, an employee is entitled to reasonable notice of termination (in the absence of just cause). A written termination clause can even allow an employer to […]

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Tips for Managing WSIB Claims

Dealing with the Workplace Safety & Insurance Board (“WSIB”) can be a challenging and expensive process for any employer. Each claim commenced in relation to a work-related injury can have a significant financial impact on an organization. Schedule 2 employers […]

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Right to Work Legislation in Parliament

Has right to work legislation been introduced in Parliament? Not yet. However, the seed has been planted. In the fall of 2012, Mr. Pierre Poilievre, M.P. and Parliamentary Secretary to the Minister of Transport, issued a public letter expressing the view […]

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Gender Identity and Access to Women’s Washroom Facilities

Author: Erik Marshall In response to a communiqué we recently published, in which we reported that a proposed amendment to the Ontario Human Rights Code (“Ontario Code”) that would see “gender identity” and “gender expression” added to the list of […]

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The Duty to Bargain in Good Faith Revisited

The decision of the Ontario Labour Relations Board (the “Board”) in United Food & Commercial Workers, Local 175 and WHL Management Limited Partnership, 2014 CanLII 76990 (ON LRB) considers and, arguably, modifies the jurisprudence concerning the duty to bargain in […]

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Termination Clauses and Continuation of Benefits: A Warning and Reminder for Employers in Ontario

Employers often seek to limit their termination liability with termination clauses. If a termination clause does not meet the minimum requirements of the Employment Standards Act, 2000 (“ESA”), then the termination clause will not be valid and an employee will […]

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B.C. Court of Appeal Restores Highest Ever Human Rights Damages Award: Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302 (CanLII)

In early 2014, we reported on a B.C. Human Rights Tribunal decision in which Carl Kelly was awarded $75,000 in damages for injury to dignity, feelings, and self-respect.  This award was and remains the highest amount ever awarded in Canada […]

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Employer’s right to post employee pictures in the workplace

Author: Raphaël Viens Côté Employer’s right to post employee pictures in the workplace: Syndicat des travailleuses et travailleurs de Brasserie Labatt (CSN) et Brasserie Labatt du Canada, s.c.s. (grief collectif), 2015 QCTA 119 The Union representing Labatt’s employees of the […]

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Employer Communication during Union Drives: The Dos and Don’ts

There is not much more frightening for employers than the possibility of becoming unionized. Upon learning of a union drive in the workplace, an employer should develop a strategic response to ensure the best chance of defeating a union’s organizing […]

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Employer Obligations in Terminations of Temporary Foreign Workers

Outside of the rights and obligations provided to Canadians and Canadian Permanent Residents in terminations, what additional factors do employers need to be aware of when terminating a temporary foreign worker (“TFW”)? With a number of employers going through group […]

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Alberta Introduces Compassionate Care Leave

Late last year, the Government of Alberta quietly announced that Bill 203, the Employment Standards (Compassionate Care Leave) Amendment Act, 2012, would come into force on February 1, 2014.  Bill 203 was introduced to the Alberta Legislature on November 1, […]

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Conflicts of Interest: Avoiding Sticky Situations

As Toronto Mayor Rob Ford discovered the hard way, sometimes a conflict of interest is the end of the road (well, maybe). While Mayor Ford’s troubles didn’t relate to employment – he was found to have breached the Ontario Municipal […]

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The defense of laches in grievance arbitration – The one who drags its feet may lose its right!

Author: Béatrice Arronis We have all been told at least once, “Sorry, you’re too late”. What if it was your turn to say it? It is well known that in the context of grievance arbitration, both unions and employers must […]

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Scents and Sensitivities

Employers often face a variety of complaints from employees about health concerns due to individual conditions. One Ontario employer recently faced a Human Rights complaint for its failure to eliminate all scents from the workplace in the case of Kovios […]

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Entitlements of Employees who Resign with an Extended Notice Period

In the absence of a contractual provision to the contrary, an employee must provide his or her employer with reasonable notice of his or her resignation. Occasionally, however, an employer may find itself faced with the question of how to […]

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