To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2017: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2017
Jordan Kirkness advises and represents employers in all areas of labour and employment law. Jordan is experienced in litigation, negotiation, and compliance, and he is committed to identifying the most practical, cost-effective and permanent solution in each case. Before joining Baker McKenzie in 2013, Jordan practiced at a large, full-service firm in Vancouver. He has been called to the bar in both British Columbia and Ontario, and he regularly represents employers with operations in multiple Canadian jurisdictions.
By December 31, 2017, Ontario employers with 20 or more employees must file accessibility compliance reports to confirm that accessibility requirements under the Accessibility for Ontarians with Disabilities Act (“AODA”) have been met. Continue Reading Accessibility Compliance Reports Due by End of Year
The Fair Workplaces, Better Jobs Act, 2017 received royal assent on November 27, 2017. Thus, new requirements will come into force according to the following timeline: Continue Reading Bill 148 Receives Royal Assent: Implementation Schedule
Ontario’s Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) passed its third reading on November 22, 2017, confirming that many significant changes to Ontario’s labour and employment legislation are imminent.
Most of these changes were summarized in our last Bill 148 article (see here). However, the following significant changes were made to Bill 148 since our last post:
- Family Medical Leave will now be extended to 28 weeks, and will apply to all critically ill family members, not just children.
- The first five days of Domestic or Sexual Violence Leave will now be paid.
- Under the Occupational Health and Safety Act, an employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely (subject to certain exceptions).
In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here). But what evidence is relevant to this inquiry? Should the employer consider its entire industry, its particular worksites, or just the employees in a particular bargaining unit? Continue Reading Alberta Court of Appeal Weighs in on Evidence Supporting Random Testing
On October 1, 2017 the minimum wage increased in Alberta, Manitoba, Newfoundland & Labrador, Ontario, and Saskatchewan. These changes are the most recent in a string of wage hikes across Canada as jurisdictions such as Alberta and Ontario move towards a $15 per hour minimum wage rate over the next two years. Continue Reading Minimum Wage Update
Ontario’s Bill 148, Fair Workplaces, Better Jobs Act, 2017, continues to move through the legislative process. On September 12, 2017, the Second Reading of Bill 148 commenced. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key changes that are currently proposed. Continue Reading Bill 148: Update on Key Changes
In a recent blog post, we wrote about Bill 148, Fair Workplaces, Better Jobs Act which seeks to amend Ontario’s existing employment standards and labour relations legislation. Since then, Bill 148 has continued to move through the legislative process with committee hearings being held throughout the summer to discuss further changes to the Bill before it may be passed into law.
The Standing Committee on Finance and Economic Affairs met on August 21, 2017. A number of proposals were put forward. The following is a summary of the motions that were passed and will be incorporated into Bill 148. Continue Reading Bill 148: Standing Committee Meeting Signals Changes to ESA & LRA Amendments
We recently wrote about new requirements for employers to implement comprehensive policies, programs, and investigative procedures to address workplace harassment under the Occupational Health and Safety Act (“OHSA”) ‒ see our blog post here. Failing to comply with the OHSA can result in a substantial fine. Employees now also have a green light to bring a civil action in relation to workplace harassment as a result of a recent decision by the Ontario Superior Court of Justice. Continue Reading Employees Now Able to Sue for Workplace Harassment
On June 19, 2017, five years after “gender identity” and “gender expression” were added as protected grounds of discrimination in Ontario’s Human Rights Code, the Federal government has added “gender identity” and “gender expression” to the Canadian Human Rights Act. Continue Reading Federal Government Adds “Gender Identity” And “Gender Expression” to Canadian Human Rights Act