Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”)[1], which creates a new classification, 001281, added to Class L. Traditionally, for premium setting with the Workplace Safety and Insurance Board (WSIB) under the WSIA, TEAs report and pay premiums for labour provided based on their …
Continue reading “Support for Temporary Employment Agencies: WSIA Changes Ahead”
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. …
Continue reading “Employee Electronic Monitoring Policy in Ontario”
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 …
Continue reading “Recent Developments in Ontario 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 …
Continue reading “Good Faith and Fair Dealing in Canadian Employment Law”
On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …
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 …
Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …
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 …
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 …
This is the third post in my series of updates and insights to assist Schedule 1 employers with the transition to the new WSIB Rate Framework (“RF”) which will commence on January 1, 2020. The last post spotlighted two key policy updates, the Policy 14-02-01 Employer Level Premium Setting and Policy 14-02-06 Employer Premium Adjustments. …
Continue reading “WSIB’s Rate Framework Reform: A Third Policy Update and What Can You Do Now”