In the Summer issue, we reported on proposed changes to the Occupational Health and Safety Act that would create onerous obligations for employers relating to the prevention of workplace violence. Bill 168, which was introduced in April 2009, was carried on division after its third reading on December 9th, 2009. It will come into force […]
In the Spring 2009 issue, we reported on changes to the Employment Standards Act, 2000 that provides increased protection for temporary workers. Bill 139 came into force on November 6th, 2009.
Amendments to the Highway Traffic Act (“the Act”) that ban the use of cellular phones and other electronic devices while operating a motor vehicle came into effect on October 26th, 2009. Below is a summary of the amendments, and methods by which employers can prepare their workplaces for compliance with the new legislation. The Ban […]
Bill 37, the Child Pornography Reporting Act, 2008, received Royal Assent on December 10th, 2008. The Bill places potentially onerous reporting obligations on employers. The new legislation will add a definition of “child pornography” to Ontario’s Child and Family Service Act (“the Act”). The definition is parallel (though not identical) to the definition found in […]
In Plourde v. Wal-Mart Canada Corp. (released November 27th, 2009), the Supreme Court of Canada found for Wal-Mart and confirmed that a recently certified employer has no legal obligation under labour legislation to stay in business, and that a closure of one of its locations can constitute sufficient reason for the termination of the employees […]
In a previous newsletter, we reported on the repeated attempts in recent years by Canadian employees to launch class action claims for unpaid overtime against their employers. In our Spring 2010 issue, we reported on a decision of the Ontario Superior Court, certifying a class action which authorized a claim against the Bank of Nova […]
In Director, Ontario Disability Support Program v. Tranchemontagne et al., the Court of Appeal established the test to be applied in determining whether a government program is discriminatory under the Ontario Human Rights Code, and determined whether that test involves the same analysis for discrimination that is applied under s. 15 of the Canadian Charter […]
Bill C-28, the Fighting Internet and Wireless Spam Act, received Royal Assent in December 2010. Similar in many respects to its predecessor, Bill C-27, the Electronic Commerce Protection Act, which died on the order paper in December 2009, Bill C-28 aims to prohibit the sending of unsolicited commercial electronic messages. The anti-spam rules apply to […]
We first reported on Ontario Bill 68, The Open for Business Act, 2010, in our Fall 2010 newsletter. As of January 19th, 2011, amendments to the Employment Standards Act (ESA) pursuant to Bill 68 have changed the ESA claims process in Ontario. The amendments aim to encourage employers and employees to resolve ESA issues internally, […]
The Canadian Human Rights Tribunal has ordered the reinstatement of two Air Canada pilots compelled to retire upon reaching age 60. The pilots’ retirement was mandatory according to the terms of both the pension plan and the collective agreement between the airline and the union. The two Air Canada Pilots argued that being forced to […]