On January 12, 2021, the Government of Ontario declared a second state of emergency under the Emergency Management and Civil Protection Act in response to the COVID-19 pandemic. At the same time, the government issued a province-wide Stay-at-Home Order and amended O. Reg. 82/20: Rules for Areas in Stage 1 (“Stage 1 Rules”) to introduce
Top 10 Canadian Labour & Employment Law Developments of 2020
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2020.
- The Supreme Court of Canada (SCC) finds arbitration clause in standard form contract unenforceable. The SCC found that an arbitration clause included in Uber’s standard form driver contracts was unconscionable because the cost to
Deemed Infectious Disease Emergency Leave Further Extended to July 3, 2021
Last week, the Ontario Government amended O.Reg. 228/20 to extend deemed infectious disease emergency leave (“IDEL”) under the Employment Standards Act, 2000 (the “ESA“) from January 2, 2021 to July 3, 2021.
This is a second update to our previous blog post on O.Reg. 228/20, Ontario Files New ESA Regulation Affecting COVID-19-Related Leaves
Increased Inspection Powers and New Administrative Penalty System under Canada Labour Code
Last week, the federal government passed Bill C-44, Budget Implementation Act, 2017, No. 1 (“Bill C-44″), introducing a new administrative monetary penalty system under Part IV of the Canada Labour Code (the “Code“) and broadening the authority of inspectors, among other things.
The changes are set to come into force in
Regulations Amending the Employment Equity Regulations Create Additional Salary Reporting Obligations on Federally Regulated Employers
Last week, the Government of Canada passed the Regulations Amending the Employment Equity Regulations (the “Amended Regulations“) introducing new pay transparency measures, effective January 1, 2021. The Amended Regulations aim to clarify and improve the data gathering processes that govern the reporting of salary data by federally regulated employers with 100 or more
Bill 229 Streamlines the Government of Ontario’s Response to COVID-19
Last week, the Ontario government passed its latest budget bill, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”). Bill 229 implements initiatives contained in Ontario’s 2020 budget through amendments to existing statutes.
Amendments to key employment statutes include:
Protecting a Sustainable Public Sector for Future Generations Act, 2019:
Bill
Supreme Court Revisits Workplace Discrimination in the Context of Pension Service Buy-Back
The Supreme Court of Canada’s recent decision in Fraser v. Canada (Attorney General), 2020 SCC 28 (“Fraser“) raises fundamental questions about how allegations of discrimination under human rights legislation and the Canadian Charter of Rights and Freedoms (“Charter“) will be adjudicated in the future. At a minimum, employers should carefully review distinctions drawn under workplace policies, practices, and benefits plans—particularly distinctions between full-time employees, part-time employees, and employees on a leave of absence—to ensure those distinctions do not disproportionally impact women with children.
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SCC Reminds Employers of the Costly Implications of Imprecise Language in Incentive Compensation Plans
At common law, employers have a right to terminate an employment relationship, subject to reasonable notice of termination. When an employer breaches this implied duty, employees are entitled damages for wrongful dismissal, which presumptively include damages for lost incentive compensation unless an employer unequivocally ousts that right in an employment agreement or incentive plan. In Matthews v. Ocean Nutrition Canada Limited, the Supreme Court of Canada confirmed that absent “absolutely clear and unambiguous” language in the employment agreement or the incentive plan restricting such entitlement, incentive compensation is considered part of the damages owed in lieu of common law reasonable notice.
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Legislation Extending & Amending Canada Emergency Wage Subsidy Program Passes
Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent on July 27, 2020. Please see our previously published article summarizing notable changes to the Canada Emergency Wage Subsidy program here.
Federal Government Extends & Amends Canada Emergency Wage Subsidy Program
On July 17, 2020, the federal government announced that it would extend the Canada Emergency Wage Subsidy program (“CEWS”) until December of 2020, and proposed several significant changes that will, among other things, allow more employers to access subsidies.
On July 20, 2020, the federal government introduced Bill C-20, An Act respecting further COVID-19 measures, to extend and adapt the CEWS program. On July 21, 2020, Bill C-20 received its third reading, and is expected to receive royal assent very soon. If passed, Bill C-20 will retroactively impact the CEWS program, generally commencing with the fifth qualifying period which commenced on July 5, 2020 (subject to a “safe harbour” discussed below).
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