Legislative & Regulatory Changes

On January 12, 2021, the Government of Ontario declared a second state of emergency under the Emergency Management and Civil Protection Act in response to the COVID-19 pandemic. At the same time, the government issued a province-wide Stay-at-Home Order and amended O. Reg. 82/20: Rules for Areas in Stage 1 (“Stage 1 Rules”) to introduce

Last week, the Ontario Government amended O.Reg. 228/20 to extend deemed infectious disease emergency leave (“IDEL”) under the Employment Standards Act, 2000 (the “ESA“) from January 2, 2021 to July 3, 2021.

This is a second update to our previous blog post on O.Reg. 228/20, Ontario Files New ESA Regulation Affecting COVID-19-Related Leaves

Last week, the federal government passed Bill C-44, Budget Implementation Act, 2017, No. 1 (“Bill C-44″), introducing a new administrative monetary penalty system under Part IV of the Canada Labour Code (the “Code“) and broadening the authority of inspectors, among other things.

The changes are set to come into force in

Last week, the Government of Canada passed the Regulations Amending the Employment Equity Regulations (the “Amended Regulations“) introducing new pay transparency measures, effective January 1, 2021. The Amended Regulations aim to clarify and improve the data gathering processes that govern the reporting of salary data by federally regulated employers with 100 or more

Last week, the Ontario government passed its latest budget bill, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”). Bill 229 implements initiatives contained in Ontario’s 2020 budget through amendments to existing statutes.

Amendments to key employment statutes include:

Protecting a Sustainable Public Sector for Future Generations Act, 2019:

Bill

As of January 1, 2021, the new stand-alone Work Place Harassment and Violence Prevention Regulations (the “Regulations”) will come into force to ensure employers prevent harassment and violence in federally regulated industries and workplaces. The Regulations will apply to all federal work places covered under Part II of the Canada Labour Code (the Code), including the federally regulated private sector, the federal public service and parliamentary work places. It will replace Part XX (violence prevention) of the Canada Occupational Health and Safety Regulations (COHSR), as well as portions of two other regulations that include violence prevention provisions.

Key Takeaways

Once the Regulations come into force, employers must:

  1. Prepare the workplace harassment and violence prevention policy working jointly with the policy committee, the workplace committee, or the health and safety representative;
  2. Assess the risk of workplace harassment and violence;
  3. Inform and train employees, and participate in training themselves;
  4. When an incident of harassment or violence is reported, respond within seven days;
  5. Keep records on every incident of harassment and violence in the workplace and report annually to the Labour Program; and
  6. Implement corrective measures in response to the investigation report of an investigator to prevent future occurrences of harassment and violence.


Continue Reading New Workplace Harassment and Violence Prevention Regime for Federally Regulated Employers

This is an update to our recent blog post summarizing the measures the federal government has implemented to assist Canadian employers and employees. You can find the first part of our post here.

On March 24, 2020, Canada passed Bill C-13. It introduces and implements measures by the federal government to provide financial assistance to employers and employees across the country.
Continue Reading Federal Government’s Act (C-13) to Provide Financial Assistance to Employers and Employees

Earlier this week, the Ontario government announced its intention to introduce legislation to amend the Employment Standards Act2000 (“ESA”), to provide job-protected leave to all employees impacted by COVID-19.
Continue Reading Ontario Passes Bill 186 Introducing New Job-Protected Leaves Amid COVID-19 Outbreak

Today, after an official announcement that Canada and the United States have restricted all non-essential travel between the countries, Prime Minister Justin Trudeau and Minister of Finance Bill Morneau also announced a variety of measures intended to economically assist Canadians during the COVID-19 pandemic.

Below is a summary of the employment-related measures that have been confirmed so far. This is a rapidly evolving situation and we anticipate further changes and clarifications in the coming days. We are monitoring the situation closely, and will continue to communicate updates as soon as they become available.
Continue Reading COVID-19 Update: Federal Government Restricts Border Crossings and Announces Measures to Assist Canadian Employers and Employees