Special thanks to our former summer associate Thanusa Sounthararajah for contributing to this update.
On July 1, 2023, the Employment Standards Act, 2000 (“ESA“), was amended to require temporary help agencies (“THAs“) and recruiters to obtain a license to operate in Ontario as of January 1, 2024. In addition, the Ontario
Special thanks to our former articling student, Eloise Somera.
In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar Mines“), the British Columbia Court of Appeal upheld the BC Human Rights Tribunal’s decision that a change in employment terms is not a necessary precondition to a finding of prima facie discrimination based on family status.
The Relevant Legal Tests
In Moore v. British Columbia (Minister of Education), 2012 SCC 61 (“Moore“), the Supreme Court of Canada outlined the test for establishing discrimination in the workplace:
In conjunction with this general test, the British Columbia Court of Appeal in Health Sciences Assoc. of B.C. v. Campbell River and North Island Transition Society, 2004 BCCA 260 (“Campbell River”) elaborated on what is required to prove prima facie discrimination based on family status. The Campbell River test requires an employee to prove:
The Campbell River test was reaffirmed in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46 (“Suen”).
Special thanks to our summer associate Keyonna Trojcak for contributing to this blog.
On July 1, 2023, Ontario implemented a number of amendments to Regulation 854 – Mines and Mining Plants under Ontario’s Occupational Health and Safety Act. Effective September 1, 2023, additional requirements will take effect.
The Regulation has and will create many new safety obligations for employers in Ontario’s mining industry, and will increase the requirements for safety policies and procedures in mining operations across Ontario. You can find the newest version of the Regulation with all of the changes here.
On June 27, 2023, Canada’s Minister of Immigration, Refugees, and Citizenship launched Canada’s new Tech Talent Strategy. Through this strategy, Canada hopes to improve on existing measures and introduce new measures for attracting top talent and supporting high-growth STEM industries and occupations. Additionally, on the same day, the Minister announced that study authorization would be extended for certain eligible work permit holders.
Starting immediately, this new public policy removes the limit on the length of study programs that a temporary foreign worker can enroll in without a study permit—which previously was limited to programs of six months or less in duration. Now, regardless of the program length, foreign workers will now be able to improve their education, upskill or validate their foreign credentials through certain programs, or receive additional professional training, without needing to first apply for a study permit. It should be noted, however, that any Canadian work experience gained during a period of full-time study may negatively impact a person’s eligibility for permanent residence, as this work experience does not count toward eligibility for the Canadian Experience Class, nor for receiving Canadian work experience points under the Express Entry system.Continue Reading Canada’s First-ever Tech Talent Strategy
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.
Continue Reading The Legislative Push for Pay Transparency in Canada Mirrors Global Trend
On May 31, 2023, Immigration, Refugees, and Citizenship Canada (IRCC) announced a significant change in the Express Entry application management system. They will now conduct category-based selection draws to provide more opportunities to skilled workers in specific occupations who may not otherwise receive an Invitation to Apply (ITA) for permanent residence. This change aims to support individuals working in Canadian industries facing or expected to face labour shortages.
The Express Entry system operates on a points-based system, where applicants earn points for personal characteristics including age, language ability, education, work experience (both inside and outside Canada), and arranged employment in Canada.
However, even with attributes like work experience and strong language skills, some individuals may not have enough points to receive an ITA for permanent residence. Consequently, eligible candidates remain in the candidate pool without the ability to submit an application. To address this, IRCC is introducing targeted draws to assist skilled workers in high-demand occupations who have a lower points score. This change provides more predictability for Canadian businesses in specific industries to invest in foreign talent, while reducing the burden and costs associated with ongoing work permit extensions and compliance administration.
Category-based selection draws will initially focus on industries with the highest demand, such as STEM occupations and healthcare professions, which are already experiencing widespread labour shortages expected to worsen due to increasing retirement rates. Continue Reading Addressing labour shortages in Canada through changes to Express Entry
Special thanks to authors Arlan Gates and Justine Johnston.
The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers1. Following a one-year grace period that permitted Canadian employers to ensure they are in compliance, the criminal prohibition will come into effect on June
Proud to share that Jennifer Bernardo was recently spotlighted in Precedent Magazine. Jen is a stellar advocate for her clients and, in this profile, she shares how her office is an extension of her life, filled with items that help her thrive in her litigation practice.
The article is accessible here.
Special thanks to co-authors Julia Webster and Jing Xu, and contributor Oscar Ramirez (articling student in our Toronto office).
This article provides an overview of the global rise in human and labor rights legislation linked to trade measures and how this impacts the consumer goods and retail industry.
We examine:
We are pleased to share a recent Canadian HR Reporter article, “What do employers in Quebec need to know about new OHS rules?,” with insight from Ajanthana Anandarajah.
The article discusses new rules and policies employers need to follow now that remote workers are legally recognized in Quebec. Updates include remote work recognition, new hazard
