Insights Archive

Canada’s Pay Equity Act to Take Effect on August 31, 2021: Key Considerations for Federal Employers

The Pay Equity Act, which Canada’s federal government passed in 2018, is going into effect on August 31, 2021. The act aims to address the systemic gender-based discrimination faced by women in federally regulated sectors by achieving pay equity through proactive measures. The act will require all federally regulated employers to analyze their compensation practices, even if they have not received a complaint and even if they believe there is no wage gap in their organization.

Ryan Martin Montréal Author

Shir Fulga Toronto Author

Ontario’s New State of Emergency, Stay-at-Home Order, and Rules for Employers and Businesses

With daily COVID-19 case counts approaching 4,000 in Ontario, the Ontario provincial government announced on January 12, 2021, a state of emergency and a return to stricter lockdown measures that will take effect at 12:01 a.m. on January 14, 2021.

Michael Comartin Toronto Author

Shir Fulga Toronto Author

Ontario Government Passes New Regulation on COVID-19 Layoffs

According to Statistics Canada, two in five employers in Canada have reduced hours or laid off one or more employees since the beginning of the COVID-19 crisis. One of the risks associated with those difficult decisions is a constructive dismissal claim that would trigger statutory notice and severance requirements under provincial employment standard legislation and under the common law. Ontario’s government has now taken a major step to prevent claims under its Employment Standards Act, 2000 (ESA) resulting from COVID-19.

Michael Comartin Toronto Author

Shir Fulga Toronto Author

Ontario Announces Economy Reopening Framework and Industry-Specific COVID-19 Best Practices for Occupational Health and Safety

On April 30, 2020, the Ontario government, in collaboration with provincial health and safety associations, released the Health and Safety Association Guidance Documents for Workplaces During the COVID-19 Outbreak.

Shir Fulga Toronto Author

Termination Clauses in Ontario—Precise Language Can Help Limit Employers’ Liability

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will. American businesses operating in Canada may find that Canadian employees whose employment has been terminated without cause will be entitled to no less than one month per year of service if a judge is left to decide an employee’s severance package. For this reason, employment contracts—and, specifically, the termination clauses in those contracts—are essential to controlling severance costs in Canada.

Shir Fulga Toronto Author

Edward Majewski Toronto Author

New Year, New Laws: A Summary of Workplace Law Changes, Effective January 1, 2019, in Ontario, Alberta, British Columbia, and Quebec

Several changes in labour and employment law have recently been implemented in several Canadian provinces.

Shir Fulga Toronto Author

Bill 66 Poised to Bring Additional Employer-Friendly Changes to Ontario

On December 6, 2018, the government of Ontario unveiled Bill 66, Restoring Ontario’s Competitiveness Act, 2018. The bill is designed to reduce the regulatory and financial burden of operating a business in a number of areas, including employment and labour relations.

Michael Comartin Toronto Author

Shir Fulga Toronto Author

Ontario Delays Pay Transparency Indefinitely

In a previous article, we noted the need for the new Ontario government to provide some clarity as to if and when the Pay Transparency Act, 2018 was going to be implemented. The government has now indicated that it will delay the implementation of the Act.

Michael Comartin Toronto Author

Shir Fulga Toronto Author

The “Modernization” of the Canada Labour Code: Major Changes to Federal Workplaces Under Bill C-86

Workplace laws in Canada are in a state of flux following several announcements made by provincial and federal governments in recent weeks.

Michael Comartin Toronto Author

Shir Fulga Toronto Author

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