New for 2023 Effective January 1, 2023, private companies incorporated in Ontario must establish and maintain a Register of individuals with significant control (“ISCs”). Significant Control means a direct or indirect interest in a significant number of corporation shares. Significant Number means shares carrying 25% or more of all voting rights or 25% or more …
Employee Electronic Monitoring Policy in Ontario
On April 11, 2022 new requirements for reporting the electronic monitoring of employees were added to the Employment Standards Act, 2000 (“ESA”). By October 11, 2022, employers with 25 or more employees must have a written policy on electronic monitoring. The 25-employee threshold is based on the number of employees as of January 1, 2022. …
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Recent Developments in Ontario Employment Law
On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy. The City of Toronto has also provided guidance on the key components of such a policy. On August 24, 2021, O. Reg 364/20, Rules for Areas at Step 3 and at …
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Good Faith and Fair Dealing in Canadian Employment Law
Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In …
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2021 HR CHECK LIST FOR ONTARIO EMPLOYERS
Now that the first anniversary of the COVID-19 pandemic is here and there is hope that there will not be a second based on vaccinations, here is an HR Check List that employers should consider as our economy will be re-opening: Ontario employers are required by law to have the following workplace policies: an Accessibility …
2020 HR CHECK LIST FOR ONTARIO EMPLOYERS
Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
Recruiting and Employing Your Workforce in Ontario Part Two: Hiring Your Employees
Setting up a new business in Ontario can raise legal questions and concerns about recruiting and hiring your workforce. Recruiting the right candidate for employment is just the first step of entering into an employment relationship. See our first post on the requirements for recruiting (https://www.canada-usbizlawblog.com/2019/12/10/recruiting-and-employing-your-workforce-in-ontario-part-one-recruiting-your-workers/). The second step is to understand the differences between …
Recruiting and Employing Your Workforce in Ontario Part One: Recruiting Your Workers
Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment of their workforce. Some employers may be tempted to use an “easy strategy” of independent contractor arrangements in place of employment relationships. This …
What Cross-Border Employers Need to Know About Applicant/Employee Background Checks
When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. This piece reviews a number of background check nuisances as they exist in the United States versus Canada including: (1) How the Law …
What Canadian and American Employers Need to Know about Recent Amendments to Ontario’s Updated Labour Relations Act
Following our post published last week about Ontario’s updated Employment Standards Act, we wanted to provide an update on the major changes now in effect for the Labour Relations Act (LRA) as a result of The Fair Workplaces, Better Jobs Act, 2017 which came into effect at the beginning of this year. Canadian employers and …