To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2018. Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2018
“Modernized” Federal Labour Standards: Key Changes & What to Do About Them
On December 13, 2018, Bill C-86, the Budget Implementation Act, 2018 received Royal Assent. Bill C-86 has a wide ambit given that it primarily implements the February 2018 federal budget plan. Among other things, Bill C-86 makes numerous amendments aimed at “modernizing” the labour standards in the Canada Labour Code (“CLC”). To help federally regulated employers navigate the many changes to the labour standards, we have outlined the key changes to be aware of and what to do about them. Continue Reading “Modernized” Federal Labour Standards: Key Changes & What to Do About Them
Ontario’s War on “Red Tape” Continues: PC’s Table Bill 66
The Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act (“Bill 66”) on December 6, 2018. If passed, Bill 66 will make amendments to several pieces of legislation in Ontario. The government has stated that its objective in introducing these changes is to “lower business costs to make Ontario more competitive” and to “harmonize regulatory requirements with other jurisdictions, end duplication and reduce barriers to investment.” We outline below the proposed changes to the province’s labour and employment legislation below. Continue Reading Ontario’s War on “Red Tape” Continues: PC’s Table Bill 66
Ontario’s Pay Transparency Act Put on Pause
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (“Bill 57”), passed Third Reading and received Royal Assent. As a result of Bill 57, the Pay Transparency Act, 2018 (“Act”) will not come into force on January 1, 2019 as expected, and will be put on hold to allow the government to engage in public consultations. Continue Reading Ontario’s Pay Transparency Act Put on Pause
Ontario’s Bill 47 Gets Green Light
On November 21, 2018, Bill 47, Making Ontario Open for Business Act, 2018 (“Bill 47”), passed Third Reading and received Royal Assent. Bill 47 repeals or rewrites numerous provisions of the previous government’s Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). To help employers navigate and prepare for the many changes under Bill 47, we have summarized the key changes and what is left intact. Continue Reading Ontario’s Bill 47 Gets Green Light
Ontario Government Introduces Bill 47 to Reverse Most of Bill 148
On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open For Business Act, 2018, to repeal numerous provisions of the previous government’s Fair Workplaces, Better Jobs Act, 2017 (Bill 148). The government indicated that the proposed amendments are designed to “remove the worst burdens that prevent Ontario businesses from creating jobs while expanding opportunities for workers.” We outline the key provisions of Bill 47 below. Continue Reading Ontario Government Introduces Bill 47 to Reverse Most of Bill 148
Conducting a Police Record Check? What You Need to Know for November 1
Ontario employers who conduct police record checks for hiring or other purposes should be aware that new legislation comes into force on November 1, 2018. The Police Record Checks Reform Act, 2015 and its Regulations will apply to checks conducted on a Canadian police database. At present, police record checks are not regulated and practices vary depending upon where the check is completed. As of November 1, the process and contents of police record checks will be standardized in Ontario. Below, we outline what you need to know about the new requirements. Continue Reading Conducting a Police Record Check? What You Need to Know for November 1
It’s High Time: Ontario Finally Passes its Cannabis and Smoke-Free Legislation
Ontario’s revised regulatory framework for cannabis is now in effect. Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force on October 17, 2018, amending 18 provincial statutes including the Cannabis Act, 2017 (now the Cannabis Control Act, 2017 ) and the Smoke-Free Ontario Act, 2017 (SFOA 2017).
Prior to Bill 36, recreational cannabis and medical cannabis were to be regulated separately, and consuming recreational cannabis in a “workplace” or “public place” (both broadly defined and not limited to enclosed areas) was to be entirely prohibited. Bill 36 effectively eliminates the distinction between recreational cannabis and medical cannabis for the purposes of regulating public consumption (among other things). To help employers adjust to the new reality of legalized cannabis, we outline below key aspects of the new legislation. Continue Reading It’s High Time: Ontario Finally Passes its Cannabis and Smoke-Free Legislation
Legalization is in the Air – Ontario Moves to Amend Previous Government’s Cannabis Legislation
The Ontario government has introduced proposed amendments to the province’s regulatory framework for cannabis. If passed, Bill 36, the Cannabis Statute Law Amendment Act, 2018, will alter the newly-introduced Cannabis Act, 2017 (not yet in force) and other provincial legislation to reflect the current government’s plan for dealing with the legalization of recreational cannabis on October 17, 2018. Continue Reading Legalization is in the Air – Ontario Moves to Amend Previous Government’s Cannabis Legislation
Legalization Draws Near, Where are We Now on Employee Testing?
Earlier this year, the Supreme Court of Canada (SCC) refused the union’s leave application in Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (Suncor ) thereby leaving the Alberta Court of Appeal’s (ABCA) ruling intact. The ABCA had held that evidence of substance-related safety risks across an employer’s workforce (including both union and non-union workers) may be taken into account when assessing the permissibility of random testing of unionized workers.
Suncor is a favourable result for employers because it is in step with taking a holistic approach to workplace safety. But it is by no means a green light for drug and alcohol testing in the workplace. With the legalization of recreational use of cannabis fast approaching, we outline the current state of the law and key best practices for workplace impairment testing. Continue Reading Legalization Draws Near, Where are We Now on Employee Testing?