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Employer Liability Issues Canada Employer Responsibilities

Gibney Anthony & Flaherty, LLP

USCIS to Increase Scrutiny for TN Visa Requirements: Impact on Employers

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the...more

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Ontario, Canada Court Confirms a Clearly Drafted Temporary Layoff Clause Can Protect Employers From Constructive Dismissal Claims

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In Taylor v. Salytics Inc., 2025 ONSC 3461, the Ontario Superior Court of Justice considered whether a temporary layoff provision in an employment contract constituted a termination provision, and was therefore subject to the...more

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

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24 Key Developments in Canadian Labour and Employment Law in 2024

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In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more

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Ontario, Canada Regulation Lists Information Employers Must Provide in Writing to Employees Starting July 1, 2025

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Ontario’s Bill 79, Working for Workers Act, 2023 (“Bill 79”), amended several statutes, including the Employment Standards Act, 2000 (ESA). One of the amendments Bill 79 made to the ESA authorized the government to make...more

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Canada: Manitoba Amends its Labour Relations Act and Employment Standards Code

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On November 8, 2024, Manitoba’s Bill 37, The Budget Implementation and Tax Statutes Amendment Act, 2024 and Bill 9, The Employment Standards Code Amendment Act, received Royal Assent and came into force. Bills 37 and 9 amend...more

DLA Piper

Be Global: Employment Law in 5 - October 2024

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5 developments to read for October in less than 5 minutes - Prepare: Extensive overhaul of UK workers' rights - The UK government published its Employment Rights Bill 2024. The Bill contains 28 new measures, many of which...more

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Ontario, Canada: Bill 190, Working for Workers Five Act, 2024 Receives Royal Assent

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On October 28, 2024, Ontario’s Bill 190, Working for Workers Five Act, 2024 (Bill 190), received Royal Assent. Among other things, Bill 190 amends the Employment Standards Act, 2000 (ESA), Occupational Health and Safety...more

Bennett Jones LLP

Application of Statutory Bar to Workplace Bullying and Harassment Claims

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Canadian workers' compensation regimes are defined by the "historic tradeoff"—workers gain immediate and consistent benefits coverage under mandatory, no-fault statutory insurance schemes funded by employers and, in exchange,...more

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Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action Certification Hearing

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In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and fairness, the Court refused to hear the motion to strike the claim or portions...more

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British Columbia, Canada Announces Steps to Lift COVID-19 Restrictions

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Face coverings are optional for people in all indoor public settings.  People can continue to wear a mask based on personal choice.  Individual businesses and organizations can choose to continue to require mask wearing on...more

Stikeman Elliott LLP

Québec Loosening More Restrictions Over the Next Weeks

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Recap - In December 2021, the Québec Government ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, required...more

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Ontario, Canada Moves Back to Amended Step Three of its Roadmap to Reopen

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With key public health indicators beginning to show signs of improvement and expected to continue, Ontario  announced on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more

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Phased Easing of Public Health Measures in Ontario, Canada to Begin January 2022

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With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more

Littler

Employers in British Columbia, Canada are Required to Reactivate their COVID-19 Safety Plans

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Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more

Stikeman Elliott LLP

Ontario’s COVID-19 Response: The Latest Developments

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On October 25, 2021, the Government of Ontario began the process of easing its pandemic restrictions in accordance with its plan, announced on October 22, 2021, to carefully and gradually eliminate all such restrictions....more

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Ontario, Canada Pauses Lifting of Capacity Limits in Remaining Higher-Risk Settings

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On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more

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Canada: British Columbia Requires Masks in Indoor Public Settings Once Again

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On August 25, 2021, British Columbia announced that pursuant to an Order of the Provincial Health Officer, masks will again be required in all public indoor settings for those age 12 and older....more

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New “Roadmap Exit Step” Added to Step 3 of Ontario, Canada’s Reopening Plan

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On July 30, 21, Ontario filed O. Reg. 541/21 (Regulation), which adds a new “Roadmap Exit Step” to the Rules for Areas at Step 3 of its Roadmap to Reopen (Roadmap). ...more

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Ontario, Canada Moving to Step Three of its Roadmap to Reopen Ahead of Schedule

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On July 9, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving all Ontario regional health...more

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Ontario, Canada Moving to Step Two of its Roadmap to Reopen Ahead of Schedule

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On June 24, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving to Step Two of its Roadmap to...more

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Canada: Toronto Employers Required to Take Additional Measures to Minimize Spread of COVID-19 in Workplaces

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On January 4, 2021, Toronto’s Medical Officer of Health issued Toronto Public Health Instructions for Workplaces (Instructions), addressed to “All Employers and Persons Responsible for a Business or Organization in the City...more

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Ontario, Canada: Arbitrator Upholds Mandatory Employee COVID Testing

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In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the...more

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Ontario, Canada: Employers Must Screen Workers and Essential Visitors for COVID-19

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In response to the recent increase in COVID-19 cases in Ontario, the province has imposed health screening obligations on employers. On September 25, 2020, the province’s government filed Regulation 530/20, which was made...more

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Ontario, Canada: Stage 3 Reopening Will Begin on July 17, 2020

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On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more

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