From ergonomic complaints to fatalities, workplaces inevitably face accidents and other safety incidents. Employers rely on effective investigations to respond to these incidents. Occupational health and safety legislation often also requires employers to investigate, either explicitly or implicitly, as part of their legal obligation to take all reasonable steps to protect workers from harm.

Even when the law does not specifically require an investigation, employers have many good reasons to conduct one. An investigation often helps employers save time and resources, improve health and safety systems, prevent similar future incidents, enhance workplace morale, and ultimately improve work quality and productivity.

However, employers should conduct an effective investigation that fits the circumstances. Most employer investigations we see do not meet that standard.

Below are the most common mistakes we see employers across Canada make.

Choosing Not to Investigate at All

Many employers are reluctant to spend time and resources investigating an incident unless it is required by law. They may feel that an investigation is a waste of time and resources, or that they already know what caused the incident.

However, employers prevent costly repeat incidents when they identify and remedy root causes. When an employer fails to address the root cause, it misses an opportunity to improve safety systems, and workplace culture. That failure increases the risk that the same incident will occur again, potentially with more serious consequences. If the incident occurs again, the consequences can far outweigh the cost of one effective investigation.

Continue Reading Common Pitfalls When Performing Occupational Health and Safety Workplace Incident Investigations

Special thanks to our articling student Rana Aly for contributing to this update.

Quebec’s multi‑year modernization of its occupational health and safety (OHS) system reached full implementation in late 2025. There are permanent prevention and participation mechanisms under the Act to Modernize the Occupational Health and Safety Regime (AMOHSR) and its accompanying regulation (Regulation Respecting Prevention and Participation Mechanisms in an Establishment) now in force. This represents a significant shift in Quebec occupational health and safety law.

Employers must now comply with the new requirements, if they have not already done so.

Below is an overview of the new requirements Quebec employers must be aware of:

1. Foundational Changes to Quebec’s Prevention Framework

The OHS overhaul stems from major reforms introduced by Bill 59 in 2021, with staggered implementation over several years. The permanent regime, effective October 1, 2025, replaces temporary interim mechanisms that applied during the transition period.

Key features of the new framework include:

  • A shift to mandatory prevention planning, scaled by workforce size;
  • Stronger worker participation structures;
  • An expectation of continuous improvement; and
  • New training obligations for worker representatives.

The result is a harmonized and prevention‑first model that applies across industries, regardless of risk profile.

Continue Reading Modernizing Quebec’s Occupational Health and Safety Regime: Key Employer Obligations in 2026

We are pleased to summarize a recent Canadian HR Reporter article, “New deadline for AODA compliance looms on horizon,” with insight from Dave Bushuev.

Organizations with 20 or more employees in Ontario as well as designated public sector organizations must confirm their ongoing compliance with the accessibility requirements under the Accessibility for Ontarians with Disabilities

Cyberbullying is becoming an increasingly pertinent issue in the workplace. With the growing prevalence of remote work and employee social media groups, employers face greater liability for online communications that occur outside of the office.

While the law is sparse on the topic of cyberbullying, victims may have several legal avenues to address this issue.

Ontario’s provincially-regulated employers will have to determine whether they must provide naloxone kits at their workplace by June 1, 2023.

Naloxone is a drug that can temporarily reverse the effects of an opioid overdose, and naloxone kits are designed to combat opioid addiction and overdose.

Last year, Ontario’s Bill 88, Working for Workers Act, 2022

Across Canada, provincial governments have begun lifting most of the COVID-19 related public health measures and employers are now grappling with what safety protocols to maintain for their workplaces given the recent shift towards a pre-pandemic “normal.”

In this In Focus video, our Labour and Employment lawyers explore considerations for employers before scrapping the restrictions

On February 14, 2022, the Ontario government announced that the province will be moving to the next phase of reopening earlier than anticipated, with further restrictions being eased on February 17, 2022 at 12:01 a.m.

The new measures include:

  • Increasing social gathering limits to 50 people indoors and 100 people outdoors.
  • Increasing organized public event

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

Our two-part webinar series was designed to bring Canadian in-house counsel and human resources leaders up to speed on the top labour, employment and human rights law developments of 2021 and to prepare them for what’s on the horizon in 2022.

Using our “quick hits” format, we provided two content-rich presentations complete with practical takeaways

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