1. Employment Standards and Labour Relations law changes

On November 21, 2018, the Ontario conservative government gave third reading to Bill 47, Making Ontario Open for Business Act, 2018, effectively rolling back many employment and labour law changes brought in by the previous Liberal government Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148). Bill 47 although passed is awaiting royal assent to become law. Most of the provisions will come into force at a later date, on January 1, 2019. To summarize certain key employment standards provisions: . . . [more]

Canada has made significant changes to the Trademarks Act, mostly to make it more consistent with international practice. It was just announced that the changes will take effect June 17, 2019. Anyone considering applying for a trademark might think about filing before then.

What is the issue?

On June 17, 2019 the trademark application process will undergo significant changes. The changes include:

Not having to state first use dates or declare actual use

Registration term reduced from 15 years to 10

Adoption of the class system and a class based fee structure

Proof of distinctiveness needed for some types of . . . [more]

Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures received first reading on October 29, 2018. Bill C-86 is another omnibus budget Bill that, if enacted, would among other things, make changes to the parental leave EI benefits under the Employment Insurance Act (again), significantly amend the Canada Labour Code (again), introduce pay equity legislation and amend the Wage Earner Protection Program, among other Acts. . . . [more]

The CRTC just released a bulletin that goes to surprising lengths to impose liability on third parties for CASL violations. Lengths that may not be supported by the legislation.

It basically tries to turn intermediaries into enforcers. An approach this aggressive is surprising in light of the INDU committee report on CASL released in December 2017 that concluded in part: “The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement.”

The bulletin is Compliance and Enforcement Information Bulletin CRTC 2018-415 Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL) . . . [more]

The Personal Information Protection and Electronic Documents Act (PIPEDA) has been Canada’s most significant legislative attempt to deal with privacy issues in society. The new Regulations under the Digital Privacy Act, which create privacy breach recording obligations, came into force on Nov. 1, 2018.

Although the Privacy Commissioner has provided guidance on these amendments previously, the guidance document was updated further on Oct. 29, 2018, along with a new form for reporting a privacy breach. The guidance form was finalized following 20 submissions from various sectors on the draft document.

Despite these changes, the Privacy Commissioner has noted . . . [more]

On October 23, 2018, the Conservative Ontario government tabled Bill 47, Making Ontario Open for Business Act, 2018 to repeal certain amendments made by the Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148) that introduced reforms and more job protections under the Employment Standards Act and Labour Relations Act. In addition, Bill 47 repeals Ontario Regulation 375/18 dealing with public holiday pay and makes changes to the apprenticeship program.

Bill 47 is divided into three parts. Schedule 1 deals with changes to the Employment Standards Act, schedule 2 deals with changes to the Labour Relations Act . . . [more]

On October 23, 2018, the Conservative Ontario government tabled Bill 47, Making Ontario Open for Business Act, 2018 to repeal certain amendments made by the Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148) that implemented reforms and more job protections under the Employment Standards Act and Labour Relations Act. In addition, Bill 47 repeals Ontario Regulation 375/18 dealing with public holiday pay and makes changes to the apprenticeship program.

Bill 47 is divided into three parts. Schedule 1 deals with changes to the Employment Standards Act, schedule 2 deals with changes to the Labour Relations Act . . . [more]

Here are some further thoughts on how Canada might authorize electronic wills. Perhaps the Uniform Law Conference of Canada could use them in the mix of policy proposals when and if it takes up the topic, as it is almost bound to do sooner or later – as companion jurisdictions move towards law reform.

Speaking of those jurisdictions:

• In July, 2018, the Uniform Law Commission in the US gave first reading to its Uniform Electronic Wills Act. No further draft has been released to follow up on the discussion. The developments in that project so far are online at

The Ontario Superior Court of Justice recently found that the communications and conduct of the employer’s lawyer regarding sexual harassment investigation were not privileged and could be referred to in the employee’s Statement of Claim in the litigation against the employer

What happened?

A long-service employee (employed since 2002), while being placed on a performance improvement plan (PIP), raised allegations that her supervisor was bullying and sexually harassing her. In response, her employer:

• Conducted an investigation but failed to interview the complainant employee during this process;
• Concluded that the claims were unsubstantiated.

Last week the Ontario government announced a radical change to the manner in which cannabis will be sold and consumed in the Province of Ontario.

Highlights of the announcement, which was initially made by Ontario Finance Minister Vic Fedeli and Attorney General Caroline Mulroney, and followed by the introduction of Bill 36, An Act to enact a new Act and make amendments to various other Acts respecting the use and sale of cannabis and vapour products in Ontario (or the “Cannabis Statute Law Amendment Act, 2018” for short), include the following:

Timeline for Implementation

The government confirmed that when legalization . . . [more]

The Administrative Labour Tribunal in Quebec recently held that an employer cannot terminate a worker with a criminal conviction for acts of sexual abuse as it constitutes discrimination based on criminal records. Moreover, the nature of the criminal offence does not automatically justify the dismissal of an employee. . . . [more]

You may have read about the Supreme Court of Canada deciding Rogers can be paid its costs for telling a copyright owner the identity of movie downloading customers. What isn’t talked about is the notice and notice system that puts this in motion.

A summary of the Rogers v Voltage decision is here. Omar has written about this on Slaw as well.

This is a complex and controversial issue. The essence is that sections 41.25 and 41.26 of the Copyright Act allow the owner of a copyright (eg a movie studio) to create a notice to send to people . . . [more]