To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2020. The Supreme Court of Canada (SCC) finds arbitration clause in standard form contract unenforceable. The SCC found that an arbitration clause included in Uber’s standard form driver contracts was unconscionable because the cost to drivers to access arbitration was too high. The arbitration required all disputes to be mediated and arbitrated in Amsterdam. In…

Last week, the Ontario Government amended O.Reg. 228/20 to extend deemed infectious disease emergency leave (“IDEL”) under the Employment Standards Act, 2000 (the “ESA“) from January 2, 2021 to July 3, 2021. This is a second update to our previous blog post on O.Reg. 228/20, Ontario Files New ESA Regulation Affecting COVID-19-Related Leaves, Temporary Layoffs & Constructive Dismissals, which changed the rules regarding employee eligibility for IDEL, temporary layoffs and constructive dismissals under the ESA.…

Last week, the federal government passed Bill C-44, Budget Implementation Act, 2017, No. 1 (“Bill C-44″), introducing a new administrative monetary penalty system under Part IV of the Canada Labour Code (the “Code“) and broadening the authority of inspectors, among other things. The changes are set to come into force in the new year on January 1, 2021, and include the following:  New Penalty System: Under Part IV, federally regulated employers will be subject to administrative monetary penalties…

Last week, the Government of Canada passed the Regulations Amending the Employment Equity Regulations (the “Amended Regulations“) introducing new pay transparency measures, effective January 1, 2021. The Amended Regulations aim to clarify and improve the data gathering processes that govern the reporting of salary data by federally regulated employers with 100 or more employees. Background Federally regulated employers are required to file an annual employment equity report with the Minister of Employment, Workforce Development and…

Last week, the Ontario government passed its latest budget bill, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”). Bill 229 implements initiatives contained in Ontario’s 2020 budget through amendments to existing statutes. Amendments to key employment statutes include: Protecting a Sustainable Public Sector for Future Generations Act, 2019: Bill 229 amended Bill 124: The Protecting a Sustainable Public Sector for Future Generations Act, 2019 (“Bill 124”) to clarify the moderation period for a group of non-union…

2020 has posed unprecedented challenges for Canadian Employers. We know that in addition to keeping your employees safe and maintaining business continuity, it’s a challenge to keep track of all the changes to the employment law landscape in Canada. These two, 60 minute virtual sessions are designed to help you stay abreast of what changed in 2020 and be prepared for what’s on the horizon in 2021. We will review the key developments impacting Canadian employers and provide practical tips…

Special thanks to Sanjay Khanna for this piece. Amidst the planetary emergency of climate change, the COVID-19 pandemic is testing modern civilization’s preparedness for shocks across spheres of finance, economics and technology; global, national and regional governance; global and population health; social cohesion and food security. While the vast majority of businesses around the world are today in the throes of the immediate impacts of the pandemic, it is important to state that the consequences…