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Employment & Labour Relations
Partner | Employment & Labour Relations
Employment and labour relations law is multifaceted. Laws governing the relationship between organizations and their employees are constantly changing and can differ significantly from province to province, country to country and industry to industry.
McMillan’s Employment and Labour Relations Group advises Canadian and international clients on all aspects of provincial and federal employment and labour law, delivering practical counsel that is focused on protecting our clients’ interests while adhering to the law.
We help organizations define employment relationships and employee obligations at the best possible time—at the point of hiring. We help create effective employment agreements, customized to each client’s unique needs and governing legislation, that assist both parties in understanding the expectations of the position and the terms that will guide their working relationship.
While our focus is on helping implement employment and labour relations practices that minimize potential conflict, we recognize that disputes are sometimes unavoidable. When they occur, we provide clients with strong, effective representation that advocates for their best interests. We have represented clients at all levels of provincial and federal courts, human rights tribunals, labour relations boards, arbitration and government administrative bodies.
McMillan’s employment law experts are ready to help clients with:
Other areas in which McMillan’s Employment and Labour Relations Group is skilled include executive compensation; workplace harassment and discrimination policies and procedures; labour arbitration; labour relations; pension legislation; business immigration; and employment litigation.
In these areas, some of the aspects in which McMillan’s employment and labour lawyers offer expertise include:
An Ontario court has clarified the basis on which reasonable notice should be calculated following a court-approved plan of arrangement under the CCAA.
The Government of Canada has published regulations clarifying how paid medical leave for employees will work.
New amendments to the Competition Act were passed today as part of the budget implementation bill.
The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.
The webinar discusses the rigorous language obligations imposed by Bill 96 on businesses and its significant impact on employers, as well as the recent significant changes to both Québec’s occupational health and safety legislation and Québec’s privacy legislation which employers should be aware of.
Ontario’s Court of Appeal has upheld the termination of a 30-year employee for cause following a single incident of sexual harassment.
New protections for whistle-blowers under the Ontario's Financial Services Regulatory Authority Act in effect as of April 29, 2022.
New proposed amendments to the Competition Act will criminalize agreements between employers regarding wages, working conditions and hiring practices.
The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.
Coverage of the 2022 Ontario provincial election discussing the Election Act, employer obligations with respect to voting, and employee political activities.
BC Government amends new paid sick leave to entitlement based on calendar year and extends entitlement to unionized employees.
The Ontario government passed legislation containing the “right to disconnect”. Or did they? (they didn’t). But Ontario employers with 25 or more employees have to have a policy on the right to disconnect as of June 2. How should employers approach the policy, manage employee expectations and is the rest of Canada looking to follow suit?
Join McMillan’s Employment & Labour Relations Group as we discuss the requirements of the legislation, considerations in drafting the policy and impacts for employers across the country.
Significant changes to the Provincial COVID mandates announced in advance of spring break.
The Ontario Ministry of Labour has released Bill 88, the Working for Workers Act, 2022, requiring employers to disclose digital employee monitoring practices.
The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.
Deadline for Federal Employers to file First Annual Harassment and Violence Occurrence Report coming March 1, 2022.
The BC Government announced on February 9, 2022 that a new Public Health Order will mandate vaccination for all private regulated health professionals.
Employers in transportation, banking and telecommunications sectors have until February 23 to comment on proposed hours of work exemptions.
Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.
The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action
An Alberta Court has upheld a termination clause in an employment contract that limited the employee’s notice period to just four weeks.
The Government of Ontario has released the latest amendments to O. Reg 364/20, setting out new requirements for employers as of January 31, 2022.
On January 20, 2022, the BC Government published the Workplace Safety order mandating COVID-19 Safety Plans for certain BC workplaces.
March 1 – April 30, 2022 is the “Open Period” for ICI collective agreements, and many non-ICI agreements, in Ontario. During this period members of construction unions can apply to the Ontario Labour Relations Board to terminate a union’s bargaining rights with their employer, or – more commonly – a rival union can apply to the Board to displace an existing union, in what is commonly known as a “raid”. During the Open Period employers will likely see increased union activity on sites as incumbent unions will seek to maintain member support, and as rival unions may try to gather support for a raid.
Join us on Wednesday, February 2nd for a discussion about what employers should expect and need to know if a decertification application or a displacement application involving their employees is filed at the Board.
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
On January 7, 2022, the BC Government announced that BC employers will again be required to implement COVID-19 Safety Plans in their workplaces.
Global supply chains are inordinately complex. The focus is not solely on disruptions; forced labour is increasingly in the spotlight.
Many companies have put forth plans for a gradual re-entry into the office, however current circumstances are proving to be a challenge in this evolving landscape.
Join McMillan’s Employment and Labour experts on Tuesday, January 11th, for a panel discussion as they address your questions and concerns about policies, protocols, obligations and other considerations as you evaluate your RTO strategy.
Regulations are being proposed to the Canada Labour Code to mandate vaccination for all federally regulated employees from early 2022
This article discusses an employer's right to request its employees' vaccination status.
Arbitration decision highlights employer's duty to accommodate in mandatory mask policy; Unifor Local 333 v Moore Packaging Corp.; frustration of employment
Increased standards for digital credentials improve privacy and global functionality - but what does this mean for businesses who use them?
Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.
Ontario passes legislation creating a right to disconnect and banning non-compete agreements
This article discusses how the anonymized and aggregated data poses risks to businesses, and how to stay compliant with the applicable privacy requirements.
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
Federal Government announced amendments to the Canada Labour Code to provide federally regulated private sector employees with 10 days paid sick leave.
Federal government announces details of mandatory vaccination for air, marine and rail travellers
With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.
With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.
This bulletin will highlight the significant changes for employers related to the amendments to the occupational health and safety regime in Quebec
A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Our lawyers will provide an overview of important case law developments, regulatory guidance, upcoming statutory changes, and hot topics in Privacy, Data Protection & Cybersecurity
Update on proposed right to disconnect, ban on non-compete agreements in the Working for the Workers Act, 2021.
On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.
Federally regulated employers have had to adapt to a number of legal changes and challenges in recent years. This virtual workshop will focus on how to address some of the unique challenges faced by federally regulated employers.
An overview of vaccination mandates in the Construction industry and what you need to know.
Mandatory vaccinations for public service and health care visitors in British Columbia.
Join McMillan's annual Employment and Labour Seminar on Tuesday, October 5th as we address significant legal developments and provide practical advice on responding to employee issues.
Alberta's Human Rights Commission has dismissed a complaint alleging that Costco discriminated against a customer who refused to wear a mask or face shield.
A recent labour arbitration decision in Ontario found that an employer can implement a mandatory COVID-19 testing policy.
The Ontario Divisional Court held that constructive dismissal claims for chronic mental stress from workplace harassment are not statute-barred by the WSIA.
British Columbia Reinstates Facemasks in Indoor Public Settings
New Public Health Order will require proof of vaccination for British Columbians to attend certain events, services and businesses.
The Human Rights Tribunal dismisses another discrimination complaint relating to a refusal to wear a face mask in a store.
The Ontario Superior Court of Justice has certified a class action lawsuit brought by Uber drivers allegedly misclassified as independent contractors.
The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.
During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.
The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021
On June 17, 2021, the BC Provincial Health Officer, Dr. Bonny Henry, issued a statement to employers on transitioning from COVID-19 Safety Plans to Communicable
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
The Supreme Court of Canada’s decision in Sherman Estate v Donovan offers clarity on when the open court principle will give ground to the right to privacy.
Ontario's Divisional Court rules that the $2.5 million severance threshold in the Employment Standards Act, 2000 must be based on global payroll.
BC Supreme Court for the first time considers whether CERB payments would constitute mitigation earnings in the context of a wrongful dismissal.
An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.
Ontario Divisional Court clarifies that automobile insurance only applies to direct causes of injury under the Statutory Accidents Benefits Schedule.
The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.
McMillan’s Vancouver Labour and Employment Group is proud to launch it’s first ever Breakfast Series covering key employment and human rights issues!
Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.
Bill 3 entitles BC employees to paid leave for up to 3 hours for each COVID-19 vaccination.
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.
A new Ministerial Order was made public today that restricts non-essential travel between three Regions in the Province. These restrictions will remain in effect.
The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.
Effective April 12, 2021, health authorities will have the power to order the temporary closure of businesses as a result of COVID-19 outbreaks in the workplace
The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask based on religious belief and employment.
This bulletin summarizes the changes to Alberta’s Workers’ Compensation Act which took effect on April 1, 2021.
New job-protected leave announced for British Columbia employees to get vaccinated.
The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.
Scope of the Telework Obligation in Quebec
This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.
Employees in British Columbia may soon be entitled to paid time off work to receive the Covid-19 vaccination.
Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.
The Supreme Court of Canada has denied leave to appeal the Alberta Court of Appeal’s decision to apply the doctrine of notional (or “blue-pencil) severance.
Two recent decisions of the Ontario Human Rights Tribunal elaborate on employers’ procedural duty to accommodate.
Guidance on the various circumstances in which corporate directors can become personally liable for unpaid wages and vacation pay in wrongful dismissal cases.
The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.
Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.
While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.
Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.
A New Lockdown and Curfew in Quebec: What Employers Must Know
As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations
Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.
Review of a federal employer's obligations when terminating an employee under the Canada Labour Code and how
to enforce contractual termination clauses.
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
The CRA has announced two new permitted approaches for employers to claim deductions in respect of home office expenses incurred in 2020.
Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.
Please join us for part two of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
"The Risk of Red Herrings": Failing to provide evidence of misconduct leads to punitive damages
On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.
The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.
Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination
This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.
Yet another employment misclassification case has been certified as a class action in Ontario in Montaque v Handa Travel Student Trip Ltd.
"Intern(al) Affairs": Managing Unpaid Internships in Quebec
Purchasers in commercial transactions are not entitled to contract out of their Employment Standards Act obligations for an employee's prior service.
Matthews v Ocean Nutrition Canada Ltd. recently set a very high bar for employers seeking to limit an employee's
common law right to bonus payments
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
The Government of Canada has proposed amendments to the leave provisions in the Canada Labour Code and three new benefits for employees in response toCOVID-19.
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Material changes to the Ontario Class Proceedings Act in force October 1, 2020.
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements
On July 24, 2020 the Reopening Ontario Act 2020, known colloquially as Bill 195, came into effect, bringing an end to the provincial state of emergency
Compliance deadlines for two significant requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are just three months away.
Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.
The Ontario government has updated its regulations under the Employment Standards Act, 2000 to extend the province's "COVID-19" period to January 2, 2021
Alberta's Court of Appeal has applied the seldom-used "blue pencil" doctrine in order to save a non-competition covenant from being struck down.
Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 - Travel Restrictions and Quarantine Requirements.
The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.
The Québec government has authorized businesses to invite their employees progressively to return to their physical workplaces with the support of CNESST
Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.
Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause
This article provides a detailed analysis of the proposed changes to the Canada Emergency Wage Subsidy announced by the Government on July 17, 2020.
Budget 2019 announced the Government's intention to introduce an annual cap of $200,000 on employee stock option grants that may be eligible for tax-preferred
The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.
SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)
The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.
This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.
The Ontario Court of Appeal releases a ground breaking decision with respect to enforceability of termination provisions in employment agreements.
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
On January 1, 2018, the Employment Standards Act, 2000 (“ESA”) was amended to provide for increased vacation entitlements for employees whose “period of employment” is five years or more.
As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.
The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts
As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.
The federal government is expanding CERB access and proposes to help with wages of essential employees.
The Canada Emergency Wage Subsidy offers government subsidies of up to 75% of qualifying employee wages.
This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.
In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.
The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.
This webinar will discuss the nationwide impacts, rules and regulations for defining “essential” workplaces and services and the closure of non-essential businesses.
Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.
Canada North, CCAA, payroll deductions, deemed trust, priority, Companies' Creditors Arrangement Act, Supreme
Court of Canada
Since the outbreak of the COVID-19 pandemic, the situation has evolved rapidly, and the extent of the legal and economic consequences for businesses and their operations remains uncertain.
The Government of BC announced today the following important changes to the Employment Standards Act in response to the COVID-19 emergency:
COVID 19 – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know
Help for businesses to identify issues & suggest risk mitigation steps regarding the COVID-19 outbreak & the potential for economic & operational disruption
What steps should corporations take to mitigate the risks posed by COVID-19 to the health and safety of their workforce and contractual obligations.
A Bill amending the Charter of the French Language would create new linguistic obligations for employers if it were enacted.
Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.
A recent decision by Alberta's Court of Queen's Bench is the latest warning to employers about the dangers of
fixed-term employment arrangements.
As Valentine's Day approaches, it is important to review your policies against psychological harassment and conflicts of interest.
A recent decision from Ontario's Court of Appeal is an important reminder that contractors may be entitled to reasonable notice upon termination without cause.
As Canada confirms its first cases of the Coronavirus, we remind employers and employees of their rights and responsibilities in the workplace.
Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.
A recent decision of the Manitoba Human Rights Commission emphasizes the importance of developing a clear plan at the outset of a workplace investigation.
The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.
Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.
An Ontario Court has upheld the termination of a 30-year employee with a clean disciplinary record following a single incident of sexual harassment.
The Supreme Court has confirmed that an employer's obligation to conduct safety inspections only applies to work places over which the employer has control.
Department of Finance issued a release on December 19, 2019 advising that the stock option amendments would not come into effect as of January 1, 2020.
Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.
This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.
In Austin v. Bell Canada, a class proceeding was brought, certified, and dismissed on summary judgment, in
connection with the provision of a pension plan.
November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")
Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.
A Canadian business with foreign operations need to be aware that it may have to pay compensation to inventors they employ in other countries.
A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.
Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts.
September 1, 2019, Alberta's Employment Standards Code and its Regulation will do away with Flexible Averaging Agreements
Many of the federal government's changes to the Canada Labour Code, proposed through Bills C-44, C-63 and C-86, are now set to take effect on September 1, 2019.
Ontario’s Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited – that draws a clear distinction between employment rights and shareholder rights.
The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.
The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.
On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products
Significant amendments to the BC Employment Standards Act (the “ESA”) are now in force as a result of the Employment Standards Amendment Act, 2019 receiving Royal Assent on May 30, 2019.
On May 27, 2019, Alberta’s newly elected United Conservative Party introduced the Open for Business Act (“Bill 2”).
On May 21, 2019, the Canadian federal government released a proposed Digital Charter
The BC government is moving ahead with long-anticipated amendments to the BC Labour Relations Code (the “Code”).
Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.
Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.
In a recent decision, a delegate of the Director of Employment Standards determined that Cinesite Vancouver Inc., formerly known as Nitrogen Studios Canada Inc.
Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment"
Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements
A decision of the BC Provincial Court is an important reminder of the factors a court will consider to determine whether an individual is a dependent contractor
This PPH pilot project further allows applicants to utilize CNIPA's international work products as the basis for a PCT-PPH request in Canada.
Ontario has introduced Bill 66, the Restoring Ontario's Competitiveness Act, 2018, an omnibus bill that proposes changes to several statutes, the LRA and ESA.
On October 29, 2018, the federal government introduced the Pay Equity Act as part of Bill C-86, Budget Implementation Act, 2018 No. 2.
Coffey v Nine Energy Canada Inc. confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.
Presently, British Columbia is the only Canadian province without a Human Rights Commission, the previous commission having been dismantled in 2002.
The "Making Ontario Open for Business Act, 2018", repealing changes brought about by Bill 148 under the previous government, has received Royal Assent.
Employers in British Columbia can expect significant changes to the BC Labour Relations Code and BC Employment Standards Act to be introduced in 2019.
Join us as we discuss significant developments for employers and provide practical advice on responding to critical issues facing employers in Canada.
Raposo v CA Canada Company and Burton v Aronovitch McCauley Rollo LLP continue employer-friendly decisions regarding the enforceability of termination clauses
Employment and Labour Seminar Series: Montréal.
Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.
This bulletin provides an overview of the new breach reporting requirements.
On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)
The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.
On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.
McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.
A recent decision of the BC Court of Appeal serves as a reminder to employers that termination obligations, even for short-term employees, can be significant
On June 19, 2018, the Canadian Senate passed Bill C-45, The Cannabis Act, which establishes the framework for the production, sale, distribution and possession
Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.
On June 1 4, 2018, the Supreme Court of Canada granted Suncor a third (but not final) win in the ongoing dispute between Suncor and Unifor Local 707A
On May 18, 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released its interim decision in Talos v Grand Erie District School Board.
In addition to a series of incremental increases to the provincial minimum wage, the first of which became effective on June 1, 2018, the BC NDP government
Human Rights Tribunal of Ontario ("HRTO") confirmed that there is no absolute right to use medical marijuana in the workplace
Ontario Government enacted the Pay Transparency Act, 2018
The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148
Remembrance Day Holidays Act, for most Canadians and members of Canada's workforce, this change is no more than a symbolic gesture
'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
March 20, 2018 Bill 176 respecting labour standards and legislative provisions to facilitate family-work balance presented by the Minister responsible for Labour to the Quebec National Assembly.
Face-swapping videos possible by software technology using machine-learning algorithms to analyze photographs of subject learning the map of the subject face and superimposing subject face to video
Justice Hamilton of the Quebec Superior Court decided that an independent worker governed by a service contract and not an employment contract was entitled to reasonable notice of termination
The provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement provides innovation with respect to labour mobility.
Budget 2018 includes EI Parental Sharing Benefit, New pay equity legislation and transparency measures and CPP and EI contributions
A decision of the Alberta Court of Appeal provides clear reminder to employers who wish to contractually limit termination notice or pay in lieu to the statutory employment standards minimum
In June 2017 the Alberta Government made changes to the Employment Standards Code by passing the Fair and Family-Friendly Workplaces Act. Changes came into force January 1 2018.
New statutory cause of action added to Ontario's securities legislation, meaning that reprisal claims by whistleblowers may be filed in court or through arbitration.
Ontario Immigration Act established comprehensive framework for application and administration of Ontario Immigrant Nominee Program by strengthening transparency consistency and accountability of OINP
In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.
BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement
Ontario Court dismisses Occupational Health and Safety Act charge in work fatality finding that employer established due diligence in the circumstances
Dangers of overly broad or ambiguous non-compete clauses. BC Court of Appeal upheld BC Supreme Court decision that non-compete clause was too broad and ambiguous and unenforceable
Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition
Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions
The revised OHSA imposes positive duty on employers and supervisors to ensure that no workers are subject to or participate in harassment or violence at the work site
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Special Costs for Special Occasions including Breach of Settlement Agreement
Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment
Working Notice: Class Action Succeeds in Challenging When Clock Starts
Bill 148 is Law: Timeline to Help Unionized Employers Transition
Who Says An Offer of Employment Can't Be Fair Consideration? The Ontario Court of Appeal Weighs In On Asset Purchase Transactions and Employment Contracts
Bonus Claims: Past Practice Gets A Boost
Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)
Invitations to Apply for Permanent Residence: Government Targets Provincial Nominees and Skilled Trades
CSA Provides Guidance to Registrants on Cyber Security and Social Media
All Notice and No Work Makes "Working Notice" Null and Void
The Demise of NAFTA: Creating Uncertainty for Foreign Workers
Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan
Ontario Private Member's Bill Proposes Broadened Human Rights Code
Employee vs. Contractor: Court Willing to Declare Status in Sock War
Character Matters: Don't Be So Quick to (Summary) Judge
Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.
Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury
BC Court of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence to Prove Compensable Mental Injury
Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant
Strong Roots in Stormy Weather: Federal Government Affirms Commitment to Legalize Cannabis by July 2018 in Light of Premier Uncertainty
In Case You Missed It: Significant Changes to Alberta's Workplace Laws Are Coming
Federal Government Proposes Fundamental Changes to the Voluntary Disclosures Program
The Canada Revenue Agency Proposes Draft Memorandum for Voluntary Disclosures Involving GST/HST and Other Excise Tax Matters
New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers
No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee
Immigration Alert: Temporary Foreign Worker Program Launches Global Skills Strategy
Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming
Ontario Bill 148 What Does It Mean for Employers in the Construction Industry
Manage the Baby Boom or Bust: Strategies for Dealing with Termination and Retirement of the Aging Workforce
2 Become 1: AODA Standards to Consolidate on July 1st
Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value
"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period
Court of Appeal for Ontario Affirms Strong Limitation on Employee's Post-Termination Bonus Entitlement
Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995
Employee personal information handled by an organization is far greater than the personal information collected by the organization about customers and third parties
Director Liability for Employee Remuneration: Significant Changes Likely in Store in Ontario
Unions Do Not Have a General Right to Notice of Accommodation Requests
Ontario Government Announces Workplace Reform Legislation
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?
Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws
Ontario Eases Solvency Funding Requirements
The 2017 Ontario Budget – Pensions and Benefits Play a Central Role
Immigration Alert: Canada's Global Skills Strategy to Launch June 12, 2017
Immigration Alert: Canada's Global Skills Strategy to Launch June 12, 2017
Get Out and Vote: Employer Obligations on B.C. Election Day
Contracting Out: Not Always Successor or Common Employer
What You Meant vs. What You Said – Employer's Words Interpreted as Termination
Proposed Leave for British Columbia Victims of Domestic or Sexual Violence
Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat
Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide
Employer Benefits Obligations: Read Documents Carefully
Mind Your Manner: BC Supreme Court Awards Damages for Mental Distress Arising From Manner of Dismissal and Recognizes Past Service
Can a Manager be a Member of a Certified Association?
We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments
Family Status Discrimination: Tribunal Rejects Johnstone Test
No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?
Employment Contracts: Enforceable Termination Provisions Exist
Human Rights Commission clarifies medical documentation needed for disability-related accommodation requests
Don't Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments
Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision
Appealing the Arbitrator: A New Avenue of Appeal in British Columbia
Employment Agreement Can Include Cover Email Presenting It
Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation
Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding
Changes to Personal Emergency Leave in the Automobile Sector
Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants
Indignation Not Resignation: an employee storming off does not mean she is quitting
The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts
Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario
New Regulatory Authority for Pensions on its Way
Ontario's Pooled Registered Pension Plans Act Takes Effect
Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses
McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.
Wrongful Quitting: Can Your Employee Suddenly Walk Out the Door?
Proposed Changes to Personal Emergency Leave in Ontario: Comment Deadline Fast Approaching
Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans
Employee Can't Have Cake and Eat It Too: Court Strikes Employee's Claims for Lack of Jurisdiction
The Supreme Court of Canada Affirms WCAT is Owed Curial Deference
Reminder: Changes to Workplace Harassment Rules are Just Around the Corner
September is BC Disability Employment Month – Is Your Business Aware of Government Efforts to Create a More Inclusive, Diverse, and Accessible Workforce?