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In this 75-minute “quick hits” style session, our team provided practical advice to Canadian in-house counsel and human resources leaders and addressed what to keep top-of-mind for 2024.

Among other topics, we discussed:

  • Implications of Pay Transparency Legislation in British Columbia and
  • Special thanks to our articling student Madison Bruno for contributing to this update.

    On November 14, the Ontario Government introduced Bill 149, Working for Workers Four Act, 2023. If passed as expected, Bill 149 would significantly change several employment statutes, building on the Working for Workers Acts, 2021, 2022, and 2023. Key changes include: new requirements for Ontario employers to disclose pay information in job postings; a new obligation to disclose whether artificial intelligence was used during the hiring process; and it would prohibit using Canadian work experience as a job requirement.Continue Reading Ontario Poised to Pass Major Changes to Job Posting Requirements

    Special thanks to our articling student Ravneet Minhas for contributing to this update.

    In a previous post, we discussed the legislative trend for greater pay transparency across Canada, including in British Columbia with the recent adoption of the Pay Transparency Act.

    The British Columbia government has since released guidance on the application of the Act. This clarifies the requirement to include salary or wage information in all publicly advertised job postings, effective November 1, 2023.

    Required Wage and Salary Information in Job Postings

    To comply with the Act, employers (and third parties posting on behalf of an employer) must include the expected wage or salary or expected wage or salary range in job postings. For example:

    • $20 per hour; or
    • $40,000 to $60,000 per year.

    The wage or salary range cannot be unspecified or open-ended. For example, stating that a job pays “$20-$30 per hour” would comply with the Act, while “$20 per hour and up” would not.

    The Province leaves it to the employer’s discretion to decide how extensive the advertised wage or salary range may be. Further, employers are not required to include bonus pay, overtime pay, tips, or benefits in their job postings. The above requirements do not prevent an applicant from requesting a higher wage or salary than the amount advertised. Similarly, employers are free to offer an applicant a higher wage or salary than the one included in the job posting.Continue Reading Update: New Guidance Details Requirements Under the British Columbia Pay Transparency Act

    Special thanks to our summer associate Daniel Dai for contributing to this update.

    British Columbia’s Pay Transparency Act, which received royal assent on May 11, 2023, imposes pay disclosure and reporting obligations on both public and private sector employers to address systemic discrimination in the workplace. It is the latest in a series of new pay transparency laws across Canada.

    This push for more transparency to bridge the pay gap for historically disadvantaged groups is a global trend. In the United States, 8 states, including California, Colorado and Washington, along with cities like New York City, have recently adopted salary disclosure laws. There is also pending legislation at the federal level—the Salary Transparency Act—that would require all job postings to include the wage or wage range for a position. Similarly, the European Parliament approved the Pay Transparency Directive in March 2023, which is set to enter into force in 2024. Among other things, this Directive establishes a right to certain pay information and imposes pre-employment pay disclosure obligations on both public and private sector EU employers.

    Recent Canadian Developments

    Continue Reading The Legislative Push for Pay Transparency in Canada Mirrors Global Trend

    Special thanks to Eloise Somera (articling student in our Toronto office) for co-authoring.

    Before the end of 2023, and every three years thereafter, all businesses or non-profits with twenty or more employees in Ontario must confirm their ongoing compliance with the accessibility requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and submit an accessibility compliance report to the Ontario Government. The same reporting requirement applies to designated public sector organizations, but they must submit an accessibility compliance report every two years.

    Failure to submit an accessibility compliance report can lead to significant penalties and fines by the Ontario Ministry of Labour (the Ministry).

    Required Self-Assessment

    AODA’s accessibility compliance report is intended to be an organization’s self-assessment of its compliance with Ontario’s accessibility requirements, including a confirmation that the organization is complying with the Accessibility Standards. The types of questions a business must answer will depend on what organization category it falls into (i.e., business or non-profit, designated public sector, or Ontario public service/Ontario Legislative Assembly). This is because different businesses are subject to different accessibility requirements under AODA. (Electronic copies of the applicable form can be downloaded on the government’s website here.)

    As a business, non-profit, or a designated public sector organization, the organization can expect to answer questions regarding whether it:

    • employs any person with disabilities for whom it has provided individualized workplace emergency response information;
    • provides appropriate training on AODA, which includes the Integrated Accessibility Standards Regulation;
    • provides appropriate training on Ontario’s Human Rights Code as it pertains to people with disabilities; and
    • has implemented a multi-year accessibility plan, and if yes, whether that plan is posted on the organization’s website, and whether it is updated at least once every five (5) years.

    Continue Reading Workplace Accessibility Reports Under Ontario’s AODA Due By December 31, 2023

    Special thanks to Sarah Adler, Immigration Legal Counsel.

    Our webinar was designed to bring Canadian in-house counsel and human resources leaders up to speed on the top labour, employment and human rights law developments of 2022 and to prepare them for what’s on the horizon in 2023.  

    Using our “quick hits” format, we

    The new year brings new challenges for employers. Join us as we take stock of changes over the last year and strategize for what’s on the horizon. 

    In our 75-minute “quick hits” format, we’ll help Canadian in-house counsel and human resources leaders track what to keep top-of-mind for 2023. We’ll also provide practical takeaways to help

    Employers are being faced with difficult decisions about potentially reducing their headcount to eliminate redundant positions in light of a shift in the economic climate and an increased focus on business efficiency.

    With any termination comes liability.

    In this 3-part series of In Focus videos specific to Reductions in Force, our Labour and Employment

    Every business has sensitive components integral to its success, whether trade secrets, customer contacts, or other confidential information that would be appealing to competitors.

    In Canada, attempting to stop an employee from sharing confidential information, competing, or soliciting customers, suppliers or employees can be tricky. In this In Focus video, our Labour and Employment lawyers

    On June 1, 2022, the Québec National Assembly passed Bill 96, An Act respecting French, the official and common language of Québec, introducing significant changes to the Charter of the French Language and other laws. The Bill aims to reinforce the use of French in business, services, communications, education, and the workplace by