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
Ontario’s revised regulatory framework for cannabis is now in effect. Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force on October 17, 2018, amending 18 provincial statutes including the Cannabis Act, 2017 (now the Cannabis Control Act, 2017 ) and the Smoke-Free Ontario Act, 2017 (SFOA 2017).
Prior to Bill 36, recreational cannabis and medical cannabis were to be regulated separately, and consuming recreational cannabis in a “workplace” or “public place” (both broadly defined and not limited to enclosed areas) was to be entirely prohibited. Bill 36 effectively eliminates the distinction between recreational cannabis and medical cannabis for the purposes of regulating public consumption (among other things). To help employers adjust to the new reality of legalized cannabis, we outline below key aspects of the new legislation. Continue Reading It’s High Time: Ontario Finally Passes its Cannabis and Smoke-Free Legislation
One of the clearest messages from the #MeToo movement has been that sexual harassers need to be held accountable for their actions. This message has resonated with employers and most now appreciate that they need to promptly investigate and appropriately address misconduct once they become aware of it. But employer obligations extend beyond remedial action and include, in Ontario and other jurisdictions, implementing preventative policies and educating employees on the policies.
However, a new US research report indicates that policies aren’t enough and employers need to pay attention to certain warning signs in the workplace to effectively stem sexual harassment. The report’s authors contend that organizational climate is the greatest determinant of sexual harassment occurring in a workplace. In fact, corporate culture can either encourage or discourage an employee to harass, according to the authors. Continue Reading Is Your Workplace Prone to Sexual Harassment? 5 Warning Signs to Watch For
The Ontario government has introduced proposed amendments to the province’s regulatory framework for cannabis. If passed, Bill 36, the Cannabis Statute Law Amendment Act, 2018, will alter the newly-introduced Cannabis Act, 2017 (not yet in force) and other provincial legislation to reflect the current government’s plan for dealing with the legalization of recreational cannabis on October 17, 2018. Continue Reading Legalization is in the Air – Ontario Moves to Amend Previous Government’s Cannabis Legislation
We’re pleased to share an informative article, “Know the Joint Employer Risks Where You Operate“, authored by our colleagues Will Woods and Emily Harbison. The article outlines key developments in joint employer liability for franchisors operating in Australia, Canada and Mexico and describes a proactive approach to help mitigate against risk. It was published in the September 2018 edition of Franchising World. Follow this link for further information about how we can assist employers in this area.
Ontario universities and publicly-funded colleges are now required to develop and publicly post a free speech policy by January 1, 2019. No Bill has yet been introduced to detail these requirements. However, the government outlined the minimum standard for the policy and related requirements in a communication issued by the Office of the Premier on August 30, 2018. Continue Reading Ontario Moves to Protect Free Speech on Campus: Universities and Colleges Must Develop Free Speech Policy
Recreational cannabis is very much in the spotlight as the date for legalization approaches. Yet issues related to employee use of medical cannabis are still front and centre for many employers, as demonstrated by a pair of recent arbitration decisions: Re IBEW, Local 1620 and Lower Churchill Transmission Construction Employers Assn. Inc. (Uprichard) (2017), 281 LAC (4th) 246 (“Lower Churchill 1”) and Re Lower Churchill Transmission Construction Employers Assn. Inc. and IBEW, Local 1620 (Tizzard) 2018 Carswell Nfld 198 (“Lower Churchill 2”). Continue Reading Inability to Monitor Residual Impairment From Medical Cannabis May Constitute Undue Hardship
Since NAFTA came into force in 1994, many Canadian companies established or expanded their business interests in Mexico, including Bombardier, Apotex and McCain, to name a few. With the forthcoming change in Mexico’s administration, Canadian companies with cross-border operations and domestic companies are likewise wondering what the future holds in terms of labour policy. Our colleague in Mexico City, Salvador Pasquel Villegas, sheds light on what to expect here.
As promised in the 2015 election campaign, the federal government has introduced accessibility legislation. Bill C-81, An Act to ensure a barrier-free Canada (Accessible Canada Act) is the result of a cross-country consultation process with Canadians and received First Reading on June 20, 2018. Continue Reading Federal Accessibility Legislation in the Works
The National Assembly of Quebec has made wide-ranging changes to the province’s labour standards legislation. The amendments were enacted through Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, which received Royal Assent on June 12, 2018. Employers with operations in Ontario and Alberta, should also be aware that these provinces also made significant changes to their respective employment standards legislation earlier this year.
This is the first of two articles summarizing the key changes in Quebec. This article outlines changes to the scope of liability for directors and officers and new compliance obligations for Quebec employers. The second article will outline changes to leave entitlements. Continue Reading Quebec Makes Broad Changes to its Workplace Standards