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    On June 19, 2017, five years after “gender identity” and “gender expression” were added as protected grounds of discrimination in Ontario’s Human Rights Code, the Federal government has added “gender identity” and “gender expression” to the Canadian Human Rights Act. All Canadian provinces now have “gender identity” and/or “gender expression” expressly included in their human rights legislation....

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    We recently wrote about new requirements for employers to implement comprehensive policies, programs, and investigative procedures to address workplace harassment under the Occupational Health and Safety Act (“OHSA”) ‒ see our blog post here. Failing to comply with the OHSA can result in a substantial fine. Employees now also have a green light to bring...

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    In a recent blog post, we wrote about Bill 148, Fair Workplaces, Better Jobs Act which seeks to amend Ontario’s existing employment standards and labour relations legislation. Since then, Bill 148 has continued to move through the legislative process with committee hearings being held throughout the summer to discuss further changes to the Bill before...

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    Ontario’s Bill 148, Fair Workplaces, Better Jobs Act, 2017, continues to move through the legislative process. On September 12, 2017, the Second Reading of Bill 148 commenced. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key...

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  • 10/12/17--05:40: Minimum Wage Update
  • On October 1, 2017 the minimum wage increased in Alberta, Manitoba, Newfoundland & Labrador, Ontario, and Saskatchewan. These changes are the most recent in a string of wage hikes across Canada as jurisdictions such as Alberta and Ontario move towards a $15 per hour minimum wage rate over the next two years. The current general...

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    In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here). But what evidence is relevant to this inquiry? Should the...

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    Ontario’s Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) passed its third reading on November 22, 2017, confirming that many significant changes to Ontario’s labour and employment legislation are imminent. Most of these changes were summarized in our last Bill 148 article (see here).  However, the following significant changes were made to Bill 148 since...

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    The Fair Workplaces, Better Jobs Act, 2017 received royal assent on November 27, 2017.  Thus, new requirements will come into force according to the following timeline: Changes to the Employment Standards Act will generally commence on January 1, 2018.  However: changes with respect to critical illness leave and the extension of parental leave will take...

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    By December 31, 2017, Ontario employers with 20 or more employees must file accessibility compliance reports to confirm that accessibility requirements under the Accessibility for Ontarians with Disabilities Act (“AODA”) have been met. The AODA compliance report form is available here. Since the last accessibility compliance reports were filed in 2014, many new requirements have come...

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    To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2017: Supreme Court of Canada gives an expansive interpretation of workplace discrimination protections in British Columbia.  In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the SCC concluded that the British Columbia Human...

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    In 2017, the Alberta legislature passed comprehensive amendments to the province’s labour and employment legislation. These changes were enacted through: Bill 17: the Fair and Family-friendly Workplaces Act; and Bill 30: An Act to Protect the Health and Well-being of Working Albertans. This is the first of three articles summarizing the key amendments. This article...

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    The Government of Canada released its 2018 budget plan on February 27, 2018, entitled “Equality and Growth”. The budget plan proposes various initiatives aimed at improving women’s equality in the workforce and addressing the gender wage gap. The budget proposes to implement a new parental leave benefit that is likely to have an impact upon both...

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    In this second article in our three-part series highlighting recent changes to Alberta’s labour and employment legislation, we focus on changes to Alberta’s labour relations regime. As a result of the enactment of Bill 17: The Fair and Family-friendly Workplaces Act in 2017, a number of significant changes to Alberta’s Labour Relations Code (“LRC”) are now in effect,...

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    The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”)....

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    Last week, the Ontario government announced its intention to introduce pay transparency legislation – see our article on the announcement here.  Bill 203, the Pay Transparency Act, 2018 has now been introduced. The newly proposed legislation is consistent with the Ontario government’s press release. In particular, it proposes to impose the following requirements on employers: a salary...

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    This is the final article in our three-part series on recent changes to Alberta’s labour and employment legislation. Here we outline changes to Alberta’s occupational health and safety (“OHS”) and workers’ compensation legislation resulting from Bill 30: An Act to Protect the Health and Well-being of Working Albertans. See here for our first article on...

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    On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act  (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows: (a) a difference in the number of...

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    The Ontario government has passed Bill 3, Pay Transparency Act, 2018. The Act imposes requirements on employers to promote equality of compensation between men and women, and to increase the transparency of information regarding compensation and workforce composition. The Act is set to come into force on January 1, 2019. Key Takeaways The fate of...

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    The Ontario Government is abandoning its current method for calculating public holiday pay which came into effect under the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). Employers will need to revert back to the previous calculation method, although this reversal is only temporary. Ontario plans to introduce yet another calculation method following a review...

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    Ontario’s provincial election is on Thursday, June 7, 2018. Under Ontario’s Election Act, employees who are qualified to vote are entitled to three consecutive hours of time off to vote during polling hours, without reduction in pay. Polling hours are as follows: Eastern Time Zone: 9 a.m. to 9 p.m. Central Time Zone: 8 a.m....

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