Earlier this year, the Hazardous Products Act and its associated Hazardous Products Regulations came into effect. These amendments implement changes to Canada’s Workplace Hazardous Materials Information System (WHMIS) to bring it in line with the International Globally Harmonized System of Classification and Labelling of Chemicals. The changes that were introduced will be implemented in stages, […]
The Government of Ontario has announced a public consultation to review the province’s legislative framework for labour and employment law: the Labour Relations Act, 1995; and the Employment Standards Act, 2000. The two special advisors appointed to undertake the consultation are expected to provide a final written report within 18 months from the time of […]
The British Columbia Supreme Court has found that making unauthorized deductions from an employee’s pay may constitute constructive dismissal. In most Canadian provinces, unauthorized deductions are prohibited by Employment Standards legislation. However, in addition to being in breach of the applicable Employment Standards legislation, this new decision indicates that this type of action may also […]
A recent decision from the Quebec Court of Appeal found that where an employee is seeking to return to work after a workplace injury, An Act Respecting Industrial Accidents and Occupational Diseases requires the employer to accommodate the employee to the point of undue hardship. The relevant adjudicative bodies in Quebec now have the power […]
The Federal Court of Appeal recently confirmed that employees can be dismissed “without cause” under the Canada Labour Code. Previously, adjudicators had interpreted the Canada Labour Code as requiring employers to have “just cause” to terminate an employee. An application for leave to appeal this decision is pending before the Supreme Court of Canada. The […]
The Human Rights Tribunal of Ontario recently awarded $150,000 and $50,000, respectively, in damages for injury to dignity, feelings and self-respect to two individuals hired through a temporary foreign worker program that experienced discrimination, a sexually poisoned work environment, sexual harassment, and sexual solicitations in the workplace. This represents the highest amount the Tribunal has […]
A recent case suggests that the month in which an individual’s employment is terminated may affect the length of the individual’s entitlement to reasonable notice of termination. The case suggested that an employee who had been terminated in June may be entitled to a longer period of notice because hiring decisions may be delayed over […]
New legislation has been proposed in Ontario with respect to police record checks. The proposed legislation would limit the amount of information that can be obtained through a police record check to minimize the amount of information that employers, and others, are currently able to obtain through a police record check. The proposed legislation seeks […]
Proposed amendments to the Workplace Safety and Insurance Act, 1997 would increase the maximum corporate penalties for a contravention from $100,000 to $500,000 CDN.
The federal government has announced that it will conduct public consultations with respect to possible amendments to the Canada Pension Plan which would allow Canadians to make voluntary contributions to the plan.