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Archive for ‘Substantive Law: Legislation’

AODA, the Customer Service Standard, and Service Animals: Part 2- What Is Required?

This is Part 2 in a series looking at the requirements related to “service animals” under the Accessibility Standards for Customer Service, Ontario Regulation 429/07 (the “Standards”) of the Accessibility for Ontarians with Disabilities Act (the “Act”). Please click here for Part 1.

Section 4 of the Standards requires organizations providing “goods and services to the public or other third parties at premises owned and operated by the provider of the goods or services” (“Providers”) to ensure that a person with a disability accompanied by a service animal “is permitted to enter the premises with the animal and to . . . [more]

Posted in: Substantive Law: Legislation

Fighting Hate Speech

The Quebec government tabled Bill 59, An Act to enact the Act to prevent and combat hate speech and speech inciting violence and to amend various legislative provisions to better protect individuals on June 10, 2015. The Bill prohibits publicly broadcasting hate speech or speech inciting violence aimed at a group of people protected from discrimination in Section 10 of the Quebec Charter of Rights and Freedoms. Enabling or counseling such acts would also be prohibited. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Minimum Wage on the Rise – Changes in Alberta and Ontario Could Be Just the Beginning

Just over one month ago, under the leadership of Premier Rachel Notley, the Albertan government announced that, effective October 1, 2015, minimum wage would increase in the province from $10.20 to $11.20 per hour. The increase is the first step for Premier Notley’s NDP in their quest to increase minimum wage to $15 per hour by 2018, a promise that was made repeatedly during the NDP’s 2015 provincial campaign. The changes will end Alberta’s reign as the jurisdiction with the lowest minimum wage in the country.

Interestingly, on the same day that Alberta’s minimum wage will increase, Ontario’s minimum . . . [more]

Posted in: Substantive Law: Legislation

Ontario Lawyers: Rule 48 Transition Toolkit Helps You Avoid Administrative Dismissal Claims

Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and almost $10 million in claims costs in three and a half years, LAWPRO is happy to see old Rules 48.14 and 48.15 revoked.

While the new rule may help stem the tide of claims, the changed deadlines, processes and transition provisions introduce new claims risks that may trap the unwary lawyer. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Due Diligence Required When Using Exemptions to Disclose Personal Information Without Consent

Organizations may only disclose a person’s confidential information without the person’s knowledge or consent in very specific circumstances, set out in paragraph 7(3)(h.2) of the Personal Information Protection and Electronic Documents Act (PIPEDA). Now, the Office of the Privacy Commissioner of Canada recently found that in order to properly rely on the s.7(3)(h.2) exemption it is essential that an organization document the purpose for which personal information is disclosed and exercise due diligence to ensure that the disclosure is reasonable under the circumstances. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

WestJet Pilots Vote Against Unionization Under New Canada Labour Code Provisions

WestJet’s pilots have voted against unionization following a narrow result released by the WestJet Professional Pilots Association (the “Association”) last week. Out of the nearly 1,300 pilots, 55% percent of those who voted were not in favour of forming a union. These results come following an extensive campaign by the Association, who vocalized their disappointment with the result through the release on their Facebook page.
The Association in the release stated that “[w]e hope that the open discussions that have taken place as part of this process will set the stage for constructive dialogue between our pilots and . . . [more]

Posted in: Substantive Law: Legislation

Ontario Civic Holiday a “Stat Holiday”: Think Twice…

The upcoming Civic Holiday is celebrated on Monday, August 3 in Ontario. The holiday, which was created in honour of John Graves Simcoe, the first Lieutenant Governor of Upper Canada, often raises questions for employees and employers alike. Contrary to popular belief, the Civic Holiday is not a statutory holiday in Ontario; it is not listed as a public holiday in the province’s Employment Standards Act. This means that while many employers choose to give their employees a holiday, they are not required to do so by law.

A number of other provinces also have a public holiday, . . . [more]

Posted in: Substantive Law: Legislation

“It’s Summertime and the Living Is Easy” and the Contracts Are Short…

Summer is definitely here in Ontario and with the warm weather comes an uptick in seasonal and fixed-term employment. Ontario students seek summer employment and seasonal operations such as golf courses and amusement parks hire additional staff. These types of seasonal arrangements often lead employees to wonder when, if ever, a fixed-term contract converts into indefinite employment and what that means (usually an entitlement to reasonable notice of termination).

The short answer is that it depends on the reasonable expectations of the parties. While the law varies from province to province (and can be quite different in Quebec), Canadian . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

Bill C-377 Is Back: Unions to Be Required to Make Financial Disclosures in Canada

A controversial Private Members Bill that will have a direct impact on unions across Canada is currently working its way through Parliament. Bill C-377, which was passed by the Senate last week, will require unions to essentially open their financial books to the public.

Included in the Bill is a requirement for unions to disclose: a yearly balance sheet indicating their assets, liabilities, income and expenditures; the details of all transactions over $5,000, including the name and address of each party, a statement regarding the purpose of the transaction, and a description of each transaction; a statement indicating the total . . . [more]

Posted in: Substantive Law: Legislation

Be Heard: The Ontario Ministry of Labour Wants to Hear From You!

Public consultations commenced in Toronto on June 16th as part of the Ontario Ministry of Labour’s (“MOL”) implementation of the Changing Workplaces Review, and are expected to continue throughout the summer until mid-September.

The Changing Workplaces Review was announced earlier this year as part of MOL’s mandate to increase protection for workers and create a support environment for businesses to thrive. The review will consist of public consultations in regions across Ontario to address the changing nature of the modern workplace. The consultations will focus on potential amendments to the Labour Relations Act, 1995 (“LRA”) and the Employment . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

Accessibility Action Plan Outlines Incentives, Tools

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation