News & Analysis as of

Canada Drug Testing

Ius Laboris

Can you revoke an employment offer if the candidate fails a drug test?

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The Human Rights Tribunal of Alberta recently determined that an employer did not discriminate against a job candidate by revoking an offer of employment after the job candidate failed a pre-employment drug test....more

Dickinson Wright

[Webinar] The Regulatory Landscape for Cannabis Products in the U.S. and Canada - Is the Grass Greener on the Other Side? -...

Dickinson Wright on

The current regulation of cannabis products in the U.S. and Canada has left many dazed and confused. There seems to be a lot of confusion and misinformation on the regulation of these products on both sides of the border....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Medical Marijuana/Employment-Safety Issues for the Oil/Gas Industry: May 26th Arkansas Independent Producers and Royalty Owners...

My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more

Littler

Alberta, Canada Court Decides Employer Can Randomly Test Employees in Safety-Sensitive Positions for Drugs and Alcohol

Littler on

In Phillips v. Westcan, 2020 ABQB 764, the Court of Queen’s Bench for Alberta denied an employee’s application for a permanent injunction against his non-unionized employer to prohibit the employer from randomly testing its...more

Bennett Jones LLP

Alberta Court Provides Guidance for Random Drug and Alcohol Testing

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The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. ...more

Smart & Biggar

FCA finds Notice to the Profession re: Experimental Testing does not apply to pre-litigation testing

Smart & Biggar on

On April 8, 2020, the Federal Court of Appeal (FCA) released a decision finding that the Federal Court Notice to the Profession re: Experimental Testing (Notice) does not apply to pre-litigation testing: Apotex v Bayer, 2020...more

Seyfarth Shaw LLP

The Week in Weed: December 2019 #2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Virginia is a state we rarely discuss in The Week in Weed.  A glance at our archives reveals only four mentions...more

FordHarrison

[Webinar] New Jersey Up in Smoke...Medical Marijuana, Drug Testing, and the Workplace - June 4th, 2:00pm ET

FordHarrison on

Statutory changes, medical marijuana, opioids and more are generating much “hand wringing” among officials and managers and human resources professionals. Join FordHarrison New Jersey based attorneys Keya Denner and Mark...more

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

What Manufacturers Need to Know About Labor and Employment Law in Canada

Manufacturers in Canada face a labor and employment environment that is much more employee and union-friendly than the United States. That said, a sophisticated manufacturing employer that is educated, strategic, and...more

Smart & Biggar

Rx IP Update - May 2018

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An Update on Vanessa’s Law - This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act...more

Bennett Jones LLP

Random Drug and Alcohol Testing on Hold in Alberta

Bennett Jones LLP on

Justice Belzil of the Alberta Court of Queen's Bench has granted an injunction prohibiting Suncor Energy Inc. (Suncor) from implementing random drug and alcohol testing at its work site north of Fort McMurray (Unifor, Local...more

Blake, Cassels & Graydon LLP

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability...more

Bennett Jones LLP

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

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Employers in Alberta are likely to have greater latitude in terms of the evidence they can rely upon to justify a policy of random drug or alcohol testing in the workplace, following the decision of the Alberta Court of...more

Blake, Cassels & Graydon LLP

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing...more

Blake, Cassels & Graydon LLP

Federal Cannabis Legislation: Five Key Considerations for Employers

On April 13, 2017, the federal government introduced the Cannabis Act (Act), which will legalize and regulate the use of cannabis for recreational purposes in Canada. The Act received first reading on April 13, 2017 and, if...more

Blake, Cassels & Graydon LLP

Cannabis in Canada - A Changing Legal Landscape: Employment & Labour

The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more

Blake, Cassels & Graydon LLP

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing...more

Littler

Random Alcohol and Drug Testing – New Hope for Ontario Employers?

Littler on

A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario...more

Dickinson Wright

Recruitment and Wage and Hour Law in Ontario

Dickinson Wright on

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Blake, Cassels & Graydon LLP

Suncor Clears Important Hurdle in Implementation of Random Alcohol and Drug Testing in Alberta

Employers seeking to introduce random alcohol and drug testing in hazardous work environments have reason to be optimistic following the recently released decision in Suncor Energy Inc. v. Unifor Local 707A. Justice D.B....more

Cozen O'Connor

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - October 2015

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This edition of the Cozen O’Connor Aviation Regulatory Update reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s...more

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