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Canada
Newsletter March, 2024

Canada: decision on poof of evidence in case of dismissal

March, 2024
  • On 23 January 2024, the Court of King's Bench of Manitoba decided on a wrongful dismissal case.
  • The decision is based on the employer's need for more rigorous proof of the facts underlying the dismissal. 
Newsletter February, 2024

Canada: New definition of employer under the Occupational Health and Safety Act

February, 2024
  • In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada stated that the City of Sudbury, which had contracted with a third-party constructor for a construction project, had duties as an "employer" to ensure worker health and safety in the workplace, by the Ontario Occupational Health and Safety Act (the "OHSA").
Newsletter January, 2024

Canada: Federal Government’s Legislation Prohibiting REplacement workers (a Fasken’s contribution)

January, 2024
Newsletter December, 2023

Canada: Pay Transparency Legislation Entered into Force in British Columbia

December, 2023
  • As we reported last May, British Colombia adopted the Pay Transparency Act, which addresses systemic discrimination in the workplace and aims to reduce pay gaps affecting women, people of colour, people with disabilities, and non-binary people.
  • According to the Act, employers can no longer ask job applicants about what they were paid in previous positions. 
  • From 1 November 2023, all employers in British Columbia must include pay ranges in job postings, prepare reports identifying systemic pay discrimination, and disclose pay information to employees and applicants upon request.
  • The Pay Transparency Regulation (BC Reg 225/2023) was released on 23 October 2023 and is now in force. It provides details on the mandatory contents of the remuneration transparency reports. 

 

 

 

Newsletter November, 2023

Canada: Ontario Workplace Safety and Insurance Board reduces injury reporting deadlines

November, 2023
  • The Ontario Workplace Safety and Insurance Board ("WSIB") amended its injury reporting policy to align it with the legislative requirements of the Workplace Safety and Insurance Act, 1997 ("WSIA").
  • The updated policy applies to all decisions for all accidents occurring on or after 29 September 2023.
Newsletter October, 2023

Canada: The Recognized Employer Pilot (REP) to simplify the hiring process for repeat Temporary Foreign Workerslabour (TFW)

October, 2023
  • The Canadian government announced the launch of the new Recognised Employer Pilot (REP) programme in September 2023 to ease administrative burdens for Canadian companies to hire foreign workers for specific roles.
  • It will provide employers with simpler and more predictable access to labour and more flexibility for the labour market. 
Newsletter May, 2023

Canada: a proposal on termination protection for remote workers

May, 2023
  • On 13 March 2023, the Ontario Government announced a proposal to the Employment Standards Act, 2000 (ESA) and related regulations that would entitle remote employees to termination notices in case of a mass termination.
Newsletter April, 2023

Tesco introduced five days of paid leave for those suffering from, or at risk of, domestic violence

April, 2023
  • On 6 March 2023, Tesco Ireland announced it to provide five days of paid leave for its employee suffering domestic abuse.  
  • This important update to its current Time Off Policy will apply to its 13,000 employees.  

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