News & Analysis as of

Canada Health and Safety

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Davies Ward Phillips & Vineberg LLP

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: •...more

Ius Laboris

Ontario seeks input on heat stress proposal

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The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Blake, Cassels & Graydon LLP

La Cour divisionnaire confirme que l’exposition à un risque accru de préjudice ne donne pas un droit d’action

Le 22 juin 2023, dans l’affaire McGee v. Dr. Farazil (l’« affaire McGee »), la Cour divisionnaire de l’Ontario (la « Cour divisionnaire ») a invalidé l’autorisation d’une action collective fondée sur un risque accru de...more

Blake, Cassels & Graydon LLP

Divisional Court Affirms That Exposure to Increased Risk of Harm Is Not Actionable

On June 22, 2023, in McGee v. Dr. Farazli (McGee), the Ontario Divisional Court (Divisional Court) overturned the certification of an action for increased risk of harm in a proposed class proceeding. This appellate decision...more

Littler

Ontario, Canada Publishes Regulations Aimed at Increasing Participation of Women in Construction Workforce

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On March 29, 2023, the province published Regulation 61/23 amending Regulation 213/91: Construction Projects under the Occupational Health & Safety Act (Regulation). The amendments will come into force on July 1, 2023....more

Smart & Biggar

Minister of Health announces National Strategy for Drugs for Rare Diseases

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On March 22, 2023, the Minister of Health announced the first-ever National Strategy for Drugs for Rare Diseases. This strategy includes $1.5 billion invested to “increase access to, and affordability of, effective drugs for...more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

Littler

Ontario, Canada Publishes Regulation on Naloxone Kit Requirement

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As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more

Littler

Ontario, Canada: Occupational Health and Safety Act Amendments Requiring Certain Employers to Have Naloxone Kits Proclaimed in...

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On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022.  The amendments, which require certain employers to have naloxone...more

Littler

Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

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As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Employers: The Rules for Injured Workers’ Temporary Assignment and Workplace Reintegration Have Changed

​​​​​​​On October 6, 2021, the Act to modernize the occupational health and safety regime took effect. As indicated in the act’s title, its purpose was to modernize Québec’s occupational health and safety regime with regard...more

Stikeman Elliott LLP

Bill 59: Act to Modernize the Occupational Health and Safety Regime Amendments in Effect Since October 6, 2022

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Bill 59, the Act to modernize the occupational health and safety regime, was adopted on September 30, 2021 by the Quebec National Assembly and sanctioned on October 6, 2021. It is the most important modernization process of...more

Blake, Cassels & Graydon LLP

La Cour suprême de la C.-B. confirme le droit des employeurs d’imposer la vaccination contre la COVID-19

Dans le cadre d’une récente décision portant sur la vaccination obligatoire contre la COVID-19 en milieu de travail (Parmar v. Tribe Management Inc.), la Cour suprême de la Colombie-Britannique (la « CSCB ») a statué qu’un...more

Blake, Cassels & Graydon LLP

B.C. Supreme Court Upholds Employers’ Right to Implement COVID-19 Vaccine Mandates

In a recent decision on COVID-19 vaccine mandates in the workplace (Parmar v. Tribe Management Inc.), the Supreme Court of British Columbia (Court) held that an employer is entitled to place an employee on unpaid leave of...more

Littler

Canada Removes All COVID-19 Entry Restrictions for All Travelers Regardless of Citizenship Effective October 1, 2022

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On September 26, 2022, the Public Health Agency of Canada (PHAC) announced that effective October 1, 2022, Canada’s COVID-19 entry restrictions will be removed for all travellers regardless of citizenship, and Transport...more

Bennett Jones LLP

Health Canada Implements New Labelling Standards for NHPs

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Health Canada has implemented sweeping amendments to labelling requirements under the Natural Health Products Regulations (NHPR) as a result of challenges identified in recent years surrounding the widespread use of Natural...more

Littler

Canada Suspends Mandatory Vaccines for Most Travel, Federally Regulated Transportation Workers, and Federal Government Employees

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On June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20. Federally Regulated Travel Sector...more

Stikeman Elliott LLP

Québec Ends COVID-19 State of Emergency and Mandatory Masking on Public Transportation

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On June 1, 2022, the Québec government officially ended the province’s state of emergency first declared in March 2020 to deal with the COVID-19 health crisis.  The government also lifted the COVID-19 mask mandate for...more

Stikeman Elliott LLP

Québec Ends COVID-19 State of Emergency and Mandatory Masking on Public Transportation to be Lifted on June 18, 2022

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On June 1, 2022, the Québec government officially ended the province’s state of emergency first declared in March 2020 to deal with the COVID-19 health crisis.  The government has also announced that it will lift the...more

Bennett Jones LLP

Health Canada Takes Steps to Secure Biocides in Canada

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Prompted in part by supply chain challenges emerging during the COVID-19 pandemic, Health Canada is proposing a new regulatory framework under the Food and Drugs Act (FDA) specific to biocides. Biocides are products that...more

Blake, Cassels & Graydon LLP

New Employment Trends and Best Practices

From recent legislative developments and accommodation issues to health and safety concerns, there are many employment and labour law matters in Canada that employers have questions about as they manage their workplace. As...more

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