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Overtime class actions are in the headlines again. On February 22, 2019, a class action claim seeking damages of over $100 million was filed against Flight Centre, an Australia-based travel services provider with stores in Canada and internationally. The claim alleges that Flight Centre systematically failed to pay overtime to its retail sales employees, referred to as “travel consultants”, requiring them to consistently work more than their scheduled hours, and implemented policies that fail to comply with the overtime entitlements under employment standards legislation.
Continue Reading Back in Class: Overtime Pay Class Action Brought Against Global Travel Retailer

In recent years, Canadian courts have increasingly heard large civil claims against Canadian companies for alleged human rights violations in their foreign operations. As we have discussed previously, judges faced with these claims must determine whether the court’s jurisdictional reach extends to the company’s activities in its global supply chain, thus permitting foreign claimants to pursue their action in Canada.
Continue Reading Rana Plaza Class Action Blocked in Ontario & Nevsun Decision Challenged at Canada’s Highest Court

We’re pleased to share a recent Canadian HR Reporter article, “Bill 66 could have ‘pretty profound’ impact on Ontario employers“, with insight from Andrew Shaw. If passed, Bill 66, Restoring Ontario’s Competitiveness Act, will amend Ontario’s employment standards, labour relations and pension benefits statutes, among other legislation, to cut business costs…

The Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act  (“Bill 66”) on December 6, 2018. If passed, Bill 66 will make amendments to several pieces of legislation in Ontario. The government has stated that its objective in introducing these changes is to “lower business costs to make Ontario more competitive” and to “harmonize regulatory requirements with other jurisdictions, end duplication and reduce barriers to investment.” We outline below the proposed changes to the province’s labour and employment legislation below.
Continue Reading Ontario’s War on “Red Tape” Continues: PC’s Table Bill 66

On November 15, 2018, the Ontario government introduced legislation to, among other things, delay the January 1, 2019 in force date of the Pay Transparency Act, 2018  (“Act”). Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, is omnibus legislation to enact, amend and repeal various statutes and is currently at the Second Reading stage.
Continue Reading Ontario Proposes Delay & Rethinking of Pay Transparency Act

On November 21, 2018, Bill 47, Making Ontario Open for Business Act, 2018  (“Bill 47”), passed Third Reading and received Royal Assent. Bill 47 repeals or rewrites numerous provisions of the previous government’s Fair Workplaces, Better Jobs Act, 2017  (“Bill 148”). To help employers navigate and prepare for the many changes under Bill 47, we have summarized the key changes and what is left intact.
Continue Reading Ontario’s Bill 47 Gets Green Light

We’re pleased to share Jordan Kirkness’s article, here, on the impact to employers of Bill 47, Making Ontario Open for Business Act. The article was published in today’s edition of the Globe and Mail.

If it comes into effect in its current form, Bill 47 will reverse most of Bill 148 (the previous…

On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open For Business Act, 2018, to repeal numerous provisions of the previous government’s Fair Workplaces, Better Jobs Act, 2017  (Bill 148). The government indicated that the proposed amendments are designed to “remove the worst burdens that prevent Ontario businesses from creating jobs while expanding opportunities for workers.” We outline the key provisions of Bill 47 below.
Continue Reading Ontario Government Introduces Bill 47 to Reverse Most of Bill 148

Ontario employers who conduct police record checks for hiring or other purposes should be aware that new legislation comes into force on November 1, 2018. The Police Record Checks Reform Act, 2015  and its Regulations will apply to checks conducted on a Canadian police database. At present, police record checks are not regulated and practices vary depending upon where the check is completed. As of November 1, the process and contents of police record checks will be standardized in Ontario. Below, we outline what you need to know about the new requirements.
Continue Reading Conducting a Police Record Check? What You Need to Know for November 1

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