We’re pleased to share a recent Canadian HR Reporter article, “Bill 66 could have ‘pretty profound’ impact on Ontario employers“, with insight from Andrew Shaw. If passed, Bill 66, Restoring Ontario’s Competitiveness Act, will amend Ontario’s employment standards, labour relations and pension benefits statutes, among other legislation, to cut business costs and streamline regulatory requirements. In particular, the Bill would eliminate the need for employers to obtain government approval for excess weekly hours of work and overtime averaging agreements. For further details on Bill 66, please also see here.
In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court of Appeal found that the arbitration clause was a prohibited contracting out of Ontario’s Employment Standards Act, 2000 (ESA). Continue Reading Ontario Court of Appeal Invalidates Arbitration Clause Requiring Arbitration in Foreign Jurisdiction
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
We’re pleased to share Baker McKenzie’s US Employment & Compensation Law Digest 2018/2019. The Digest outlines recent developments in US law relevant to employers and provides insight on global trends in gender pay, #MeToo, business change, and the modern workforce. In short, it’s an invaluable resource for Canadian companies with operations in the US and/or internationally.
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
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
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
We’re pleased to share Jordan Kirkness’s article, here, on the impact to employers of Bill 47, Making Ontario Open for Business Act. The article was published in today’s edition of the Globe and Mail.
If it comes into effect in its current form, Bill 47 will reverse most of Bill 148 (the previous government’s Fair Workplaces, Better Jobs Act, 2017 ). However, as Jordan points out, Bill 47 is not necessarily a win for employers. Even if Bill 47 changes employers’ statutory obligations, altering Bill 148 commitments is likely to damage employee morale and may lead to constructive dismissal claims. For further details on Bill 47, please also see here.
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
Join us on Wednesday, October 17, 2018 for an interactive seminar in our Whitespace Legal Collab in Toronto. Our talented team will share their perspectives and facilitate an exchange of ideas and best practices on hot button issues including:
- Ensuring the workplace doesn’t go to pot
- Bill 148: where are we now?
- Responding to #MeToo
You’ll also hear from Peter MacKay, Partner, who will share his thoughts on the broader implications and challenges to come with the legalization of recreational cannabis. Peter joined our Firm in 2016 after serving in many senior Federal cabinet positions.
For the event details and to register, please click here.