Legislative & Regulatory Changes

In December 2021, the Ontario government passed Bill 27 – Working for Workers Act, 2021 requiring employers with 25 or more employees to create a “Disconnecting from Work Policy” by June 2, 2022. The Ontario government is following the lead of France, Spain and Portugal — all of which have adopted similar legislation in recent

On April 11, 2022 Bill 88, Working for Workers Act, 2022 received royal assent, introducing significant changes to a number of employment-related statutes, and introducing the Digital Platform Workers Rights Act, 2022.

The most important changes introduced by Bill 88 include:

  • New employment standards exemptions: Certain business consultants and information technology consultants are

In a recent episode of Canadian Justice, Andrew Shaw joined a legal panel talking about the employee right to disconnect. Shaw discussed proposed employment legislation regarding the ability of people to disconnect from work, like emails or text messages, during non-work hours, and the implications for employers.

Click here to watch the interview.

This interview

Background

In October 2021, the Quebec Government passed Bill 59, An Act to modernize the occupational health and safety regime. The Bill makes substantive changes to statutes involving health and safety in the workplace. These changes will gradually come into effect, with some already in force since October and others coming into force from

To wrap up 2021, we have highlighted key developments in Canadian labour and employment law, with a focus on Ontario:

  1. Bill 27 – Working for Workers Act: On December 2, 2021, the Ontario government passed the Working for Workers Act, 2021 (the “Act“), which introduces significant changes to Ontario’s employment law, including:
    • A Right to Disconnect from Work Policies: Employers subject to the Employment Standards Act, 2000 (the “ESA“) with 25 or more employees must have a written policy which outlines employees’ right to disconnect from work. The term “disconnecting from work” means not engaging in work-related communications (e.g. emails, calls) and not sending or reviewing any messages, so that employees are free from the performance of work outside of normal working hours. Employers have six months from December 3, 2021 to implement the policy.
    • No Non-Compete Agreements: Employers subject to the ESA are prohibited from entering into non-compete agreements with employees. Non-compete agreements are those that prohibit the employee from working for or running a competitive business after the employment relationship has ended.

There is an exception to the prohibition on non-competition agreements in the event of a sale or lease of a business and for executive-level employees.

This amendment to the ESA is deemed to be in force as of October 25, 2021, and all non-compete agreements entered into before this date will remain unaffected. Non-solicitation, confidentiality, and assignment of intellectual property agreements are still permissible.

The Act brings about a number of additional changes that will be relevant for employers, which are fully summarized here.

Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2021

Background

The federal government passed Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code on December 17, 2021. While Bill C-2 focused on providing support for reasons specifically related to COVID-19, Bill C-3 enhances paid sick leave and bereavement leave under the Canada Labour Code (the “CLC”) not specific to

Background

Just before the end of 2021, the Canadian Government passed Bill C-2, An Act to provide further support in response to COVID-19. Amongst other things, the Bill introduced the Canada Worker Lockdown Benefit Act, amended eligibility requirements under the Canada Recovery Benefits Act, and amended the Canada Labour Code to update

On December 2, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021, introducing significant changes to workplace laws. The most significant changes include:

  • Right to Disconnect from Work: Employers, subject to the Employment Standards Act, 2000 (“ESA”), with 25 or more employees, must have a written policy for disconnecting

On May 21, 2021, we reported in a blog post that the British Columbia government passed Bill 13, Employment Standards Amendment Act (No. 2), 2021, which amends the Employment Standards Regulation to add a permanent and paid sick leave program. The Government did not provide details on the leave at that time. However,

On June 29, 2021, the Federal Government passed Bill C-30, Budget Implementation Act, 2021, No. 1, introducing a number of changes impacting federally regulated workplaces and extending existing COVID-19 related economic measures.

Changes to the Canada Labour Code (“CLC”):

  • Child Death & Disappearance Leave: The maximum period of leave for a parent of a