The British Columbia Government recently introduced Bill 50, The Human Rights Code Amendment Act, 2018. If passed, this Bill will significantly change B.C.’s human rights regime, which hasn’t been the subject of change since 2002. Noteworthy, the Bill proposes to do the following: Extend the time for filling a complaint from 6 months to 12...
Earlier today the Ontario government announced its intention to propose the Making Ontario Open for Business Act (“Open for Business Act”). The Open for Business Act, if passed, will repeal many of the workplace amendments implemented by the previous Liberal government under the Fair Workplaces, Better Jobs Act, 2017, better known as Bill 148. Significant...
It is well-established law in Canada that an employee’s resignation must be a clear and unequivocal demonstration of the employee’s intention to resign. Additionally, employers generally have to provide employees with a “cooling off period” in cases where an employee’s resignation was emotionally driven or was in response to other extenuating circumstances. However, what happens...
On June 19, 2018, Bill C-45, the Cannabis Act (“Federal Act”) was passed, legalizing the consumption of recreational cannabis across Canada effective October 17, 2018. The Federal Act creates a legal framework for the sale and possession of cannabis in Canada. The Federal Act will allow adults to possess up to 30 grams of cannabis....
A recent case from the British Columbia Court of Appeal is yet another reminder to employers of the importance of enforceable employment agreements and termination provisions. The case in particular emphasizes this point given the short service of the employee upon termination and the sizeable reasonable notice award. In January 2014, Mr. Pakozdi joined B...
The Federal Government of Canada recently announced its plan to create a new statutory holiday, National Indigenous Peoples Day. Bill C-369 was introduced in the House of Commons, and is currently in its second reading. If passed, it would result in the implementation of a new statutory holiday for all federally regulated employers. The purpose...
Yuk Yee Ellen Pun, the owner of a chain of restaurants north of Toronto, has been sentenced to jail time under Section 137 of the Employment Standards Act, 2000 (“ESA”) for authorizing, permitting and/or acquiescing a contravention of the ESA. The charge relates to her corporations’ failures to provide employees their entitlements under the ESA...
The Ontario Human Rights Tribunal has issued what is likely to be considered a precedent setting decision on the issue of discrimination on the basis of citizenship. The Tribunal in Haseeb v. Imperial Oil Limited has found that employers cannot discriminate against job candidates who do not have Canadian permanent residence status or citizenship, but...
Recently, New Brunswick and Newfoundland and Labrador have amended their respective employment standards legislation in order to correspond to the federal changes to employment insurance. The changes to the New Brunswick Employment Standards Act and Newfoundland and Labrador Labour Standards Act are outlined below in detail. New Brunswick: New Brunswick has increased the length of...
The new Smoke-Free Ontario Act, 2017, which was scheduled to come into force on July 1, 2018, has been PAUSED by the Government of Ontario. As discussed in our e2r Alert on June 21, 2018, the purpose of this new legislation was to expand on the restrictions found in earlier pieces of legislation which prohibit...