In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more
4/16/2024
/ Arbitration ,
Canada ,
Collective Agreements ,
Employee Benefits ,
Employees ,
Employment Litigation ,
International Labor Laws ,
Labour Code ,
Leave of Absence ,
Teamsters ,
Unions ,
Wage and Hour
On November 29, 2023, Prince Edward Island’s Bill 106, An Act to Amend the Employment Standards Act, received Royal Assent. Bill 106 will come into force on October 1, 2024....more
In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary....more
What is It? The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the...more
12/14/2023
/ Canada ,
Churches ,
First Nations ,
Holidays ,
Labor Code ,
Labor Reform ,
Minor Children ,
Reconciliation ,
Religious Institutions ,
State and Local Government ,
Tribal Ordinances ,
Wage and Hour
By way of Order in Council approved and ordered on October 23, 2023, British Columbia’s Pay Transparency Regulation (Regulation) was made. The Regulation provides information about how pay transparency reports are to be...more
11/8/2023
/ Canada ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On August 16, 2023, Canada published Regulation SOR/2023-180 under the Canada Labour Code (CLC) (Amending Regulation). The Amending Regulation exempts certain classes of employees in the banking, telecommunications and...more
8/29/2023
/ Airlines ,
Banks ,
Broadcasting ,
Canada ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
International Labor Laws ,
Railways ,
Telecommunications ,
Wage and Hour
The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more
5/31/2023
/ Canada ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Tracking ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Remote Working ,
Timekeeping ,
Wage and Hour
In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was...more
5/16/2023
/ Canada ,
Employee Benefits ,
Employees ,
Employer Group Health Plans ,
Employment Litigation ,
Health Insurance ,
International Labor Laws ,
Leave of Absence ,
Long Term Disability Insurance ,
Ontario ,
Wage and Hour
On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more
3/27/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023. Section...more
1/24/2023
/ Canada ,
Canadian Competition Act ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Guidance ,
No-Poaching ,
Regulatory Agenda ,
Wage and Hour ,
Wage-Fixing
On October 1, 2022, Canada published two proposed Regulations under the Canada Labour Code (CLC) and requested comments by October 31, 2022, via a new embedded commenting feature....more
10/19/2022
/ Canada ,
Comment Period ,
Employees ,
Employer Liability Issues ,
International Labor Laws ,
Labor Reform ,
Out-of-Pocket Expenses ,
Proposed Regulation ,
Public Comment ,
Regulatory Agenda ,
Reimbursements ,
Wage and Hour
On March 28, 2022, British Columbia introduced Bill 19 - 2022, Employment Standards Amendment Act, 2022 (Bill 19) for first reading. Bill 19 addresses issues raised after the province’s Employment Standards Act (ESA) was...more
In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more
On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more
3/3/2022
/ Canada ,
Employee Rights ,
Employer Liability Issues ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Ontario ,
Proposed Legislation ,
Regulatory Agenda ,
Wage and Hour
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
Canada’s federal Pay Equity Act (Act) received Royal Assent on December 13, 2018. The purpose of the Act is to create a proactive pay equity regime within the federal public and private sectors to ensure that federally...more
In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (ClearMRI Solutions), the Ontario Court of Appeal (OCA) decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer...more
7/8/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
International Labor Laws ,
Ontario ,
Responsible Party ,
Shareholders ,
Unpaid Wages ,
Wage and Hour
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more
6/29/2021
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
International Labor Laws ,
Mitigation ,
Notice Requirements ,
Wage and Hour ,
Wrongful Termination
The recent Ontario decision, Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (Max Aicher), establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the...more
6/28/2021
/ Canada ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Ontario Labour Relations Board ,
Payroll Expenses ,
Severance Pay ,
Wage and Hour
As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more...more
1/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Standards Act ,
False Light ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Invasion of Privacy ,
Layoffs ,
Leave of Absence ,
Relief Measures ,
Tort ,
Wage and Hour ,
Wage Subsidies Schemes ,
Wrongful Death
On November 19, 2020, Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) (Bill C-9) received Royal Assent. Bill C-9’s purpose is to implement targeted support to...more
Because the COVID-19 pandemic has made travel impossible or risky to one’s health, employers may face employee requests to delay vacation time. In this Insight, we help employers in Ontario understand their rights and...more
On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial...more
8/18/2020
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Leave of Absence ,
Ontario ,
Subsidies ,
Wage and Hour
The Canada Emergency Wage Subsidy (CEWS) is a 75% wage subsidy designed to encourage employers to retain employees during the COVID-19 crisis....more
On May 29, 2020, the government of Ontario filed Ontario Regulation 228/20 (Regulation) under the Employment Standards Act, 2000 (ESA). The Regulation amends layoff and constructive dismissal rules exclusively under the ESA,...more