Employment Standards

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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

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.

Background

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.

What’s changing

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…

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…

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 co-presenters, Krissy Katzenstein and Kaitlin Thompson.

With a surge in layoffs taking place over the past year, many of those originally hired to diversify the workplace have been impacted, and studies show that inclusion, diversity and equity (ID&E) professionals have been affected by layoffs at a higher rate than others. The…

Special thanks to Jose (Pepe) Larroque, Carlos Martin Del Campo and Javiera Medina-Reza.

The Mexico Ministry of Labor and Social Welfare (STPS) has announced that it will carry out an estimated 42,000 inspections in 2023. The inspections carry the possibility of significant fines and penalties issued per violation, per employee. It is imperative for…

In a recent episode of Canadian Justice, Andrew Shaw joined a panel about the complicated employment law issues surrounding working remotely and return to work policies following the pandemic. Andrew discussed a hybrid work model, providing reasonable notice to employees of the requirement to return to work, employee time theft and much more.

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