Ontario recently enacted Bill 284, COVID-19 Putting Workers First Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to require employers to provide employees up to three days’ pay if they miss work for certain...more
6/4/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Infectious Diseases ,
International Labor Laws ,
Labor Regulations ,
Ontario ,
Paid Time Off (PTO) ,
Reimbursements ,
Sick Leave ,
Sick Pay ,
Wage and Hour
On May 11, 2021, British Columbia (BC) announced that it had introduced Bill 13, Employment Standards Amendment Act (No. 2), 2021 (Bill 13) for first reading. Bill 13 received Royal Assent on May 20, 2021. Bill 13 amends the...more
On April 28, 2021, Ontario announced in a News Release that it will soon introduce legislation that, if passed, would require employers to pay employees up to $200 per day for up to three days if they miss work for reasons...more
With increasing concerns over COVID-19 variants and the recent acceleration of the COVID-19 vaccination rollout to Ontario’s public, Ontario Premier Doug Ford was recently asked if the Government of Ontario would consider...more
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 October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more
10/22/2020
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Constructive Discharge ,
Corporate Counsel ,
Damages ,
Employment Litigation ,
Hiring & Firing ,
Incentive Compensation ,
International Labor Laws ,
Motion to Set Aside the Verdict ,
Supreme Court of Canada ,
Wage and Hour
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
On May 8, 2020, the federal government of Canada clarified through Q&A guidance that the Employment Insurance (EI) rules allowing employers to make additional (“top up”) payments to workers through Supplementary Unemployment...more
On March 30, 2020, the federal government revealed additional details about the 75% wage subsidy it will provide to employers, first announced on March 27, 2020. ...more
The Canadian federal election is just around the corner—Monday, October 21, 2019 (Election Day). The Canada Elections Act sets out the law regarding employees’ voting entitlements on Election Day, as well as employer...more
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
8/1/2019
/ Appeals ,
Canada ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Risk Management ,
Supreme Court of Canada ,
Wage and Hour
A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more
7/24/2019
/ Canada ,
Corporate Counsel ,
Equal Pay ,
Flexible Work Arrangements ,
Independent Contractors ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Leave of Absence ,
Maternity Leave ,
Misclassification ,
Over-Time ,
Parental Leave ,
Vacation Leave ,
Wage and Hour
Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”) received Royal Assent on April 3, 2019. Amendments to the Employment Standards Act, 2000 (“ESA”) made by Bill 66 have not changed since we first reported on...more
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
3/8/2019
/ Canada ,
Employee Rights ,
Employee Training ,
Employer Mandates ,
Employment Standards Act ,
International Labor Laws ,
Ontario ,
OSHA ,
Posting Requirements ,
Sexual Harassment ,
Strict Compliance ,
Wage and Hour ,
Workplace Safety
Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more
1/15/2019
/ #MeToo ,
Canada ,
Corporate Counsel ,
Criminal Background Checks ,
Decriminalization of Marijuana ,
Employment Discrimination ,
Human Rights ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Sexual Harassment ,
Termination Clauses ,
Wage and Hour
On December 6, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”), passed First Reading. If Bill 66 is passed in its current form, it will impact several statutes in the province. ...more
12/13/2018
/ Administrative Authority ,
Canada ,
Employee Rights ,
Employment Standards Act ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Ontario ,
Over-Time ,
Posting Requirements ,
Proposed Legislation ,
Wage and Hour
On October 23, 2018, the Ontario government announced its intent to repeal amendments made by Bill 148, The Fair Workplaces Better Jobs Act, 2017 (Bill 148). Bill 148, which received Royal Assent on November 27, 2017, made...more
10/29/2018
/ Canada ,
Equal Pay ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Ontario ,
Proposed Legislation ,
Recordkeeping Requirements ,
Unpaid Leave ,
Wage and Hour ,
Work Schedules
Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which significantly amends Ontario labour and employment law, has received Royal Assent and is now law....more
11/30/2017
/ Canada ,
Collective Agreements ,
Employee Definition ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Holiday Pay ,
Independent Contractors ,
Leave of Absence ,
Medical Leave ,
Minimum Wage ,
Misclassification ,
New Legislation ,
Ontario ,
Paid Time Off (PTO) ,
Parental Leave ,
Wage and Hour
In Merrifield v. The Attorney General of Canada et al., the Ontario Superior Court of Justice recently reconfirmed the existence of the standalone tort of harassment. In this case, the Plaintiff (an officer with the Royal...more
On June 1, 2017, the government introduced Bill 148 in the Ontario Legislative Assembly, and the Bill passed unanimously on first reading. The Bill contains important amendments to Ontario’s Employment Standards Act, 2000 and...more
The former owner of two defunct businesses has been sentenced to 30 days in prison for non-payment of more than $125,000 in wages owed to 43 employees. The employer was convicted of failing to comply with an Order to Pay made...more
On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more
6/1/2017
/ Bargaining Units ,
Canada ,
Employee Rights ,
Equal Pay ,
Full-Time Employees ,
Holiday Pay ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Ontario ,
Ontario Labour Relations Board ,
Part-Time Employees ,
Proposed Legislation ,
Unions ,
Unpaid Wages ,
Vacation Pay ,
Wage and Hour ,
Work Schedules