On December 13, 2018, Bill C-86, the Budget Implementation Act, 2018  received Royal Assent. Bill C-86 has a wide ambit given that it primarily implements the February 2018 federal budget plan. Among other things, Bill C-86 makes numerous amendments aimed at “modernizing” the labour standards in the Canada Labour Code (“CLC”). To help federally regulated employers navigate the many changes to the labour standards, we have outlined the key changes to be aware of and what to do about them. Continue Reading “Modernized” Federal Labour Standards: Key Changes & What to Do About Them

The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Today’s announcement comes on the heels of last week’s budget plan in which the federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers – see here for our article on the proposed federal legislation. Continue Reading Ontario Introducing New Pay Transparency Legislation

On July 14, 2016, the Supreme Court of Canada confirmed that most federally-regulated, non-union employees can only be dismissed for “just cause” after 12 consecutive months of service (Wilson v. Atomic Energy, 2016 SCC 29). As a result of this decision, it is now clear that employees who are regulated under Part III of the Canada Labour Code cannot, following their first year of employment, simply be provided with termination notice or pay in lieu, absent a compelling reason for terminating the employment relationship. Continue Reading Supreme Court of Canada: A Dismissal “Without Cause” is an “Unjust Dismissal” (Part III of the Canada Labour Code)

October 19, 2015 is federal election day.  Under the Canada Elections Act, employees who are eligible to vote are entitled to three consecutive hours of time off to vote without a reduction in pay. The three consecutive hours must fall within the open hours of local polling stations, which are as follows:

Electoral District Time Zone Voting Hours
Newfoundland and Atlantic Time Zones 8:30 a.m. to 8:30 p.m.
Eastern Time Zone 9:30 a.m. to 9:30 p.m.
Central Time Zone* 8:30 a.m. to 8:30 p.m.
Mountain Time Zone* 7:30 a.m. to 7:30 p.m.
Pacific Time Zone 7:00 a.m. to 7:00 p.m.

Continue Reading Employee Voting Entitlements on Federal Election Day (October 19, 2015)

On June 30, 2015, the Canadian federal government passed a law (“Bill C-377”) requiring unions to publically disclose sensitive financial information within six months of their year-end.  The information will be published on the internet by the Minister of National Revenue.

Unless this law is repealed, it will come into force on December 30, 2015.  Unions who fail to comply may be fined $1,000 per day of non-compliance, up to a maximum of $25,000. Continue Reading Union Financial Information to be Published Annually on the Internet

The Federal Court of Appeal (the “FCA”) has laid to rest the long-standing debate over whether employees could be dismissed without cause under the Canada Labour Code (the “Code”). In Wilson v. Atomic Energy of Canada Limited, the FCA decided that employers are permitted to dismiss employees without cause, provided that notice or pay in lieu of notice is provided. However, employers are not automatically protected from wrongful dismissal claims by merely providing a severance package. Continue Reading Federal Court of Appeal Delivers Tie-Breaking Decision: Without-Cause Dismissals Allowed under the Canada Labour Code