News & Analysis as of

Canada Health and Safety Employer Liability Issues

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

Littler on

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

Littler on

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

Ius Laboris on

The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Ius Laboris

Ontario seeks input on heat stress proposal

Ius Laboris on

The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Littler

Ontario, Canada Publishes Regulations Aimed at Increasing Participation of Women in Construction Workforce

Littler on

On March 29, 2023, the province published Regulation 61/23 amending Regulation 213/91: Construction Projects under the Occupational Health & Safety Act (Regulation). The amendments will come into force on July 1, 2023....more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

Bennett Jones LLP on

The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Littler

Ontario, Canada Publishes Regulation on Naloxone Kit Requirement

Littler on

As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more

Littler

Ontario, Canada: Occupational Health and Safety Act Amendments Requiring Certain Employers to Have Naloxone Kits Proclaimed in...

Littler on

On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022.  The amendments, which require certain employers to have naloxone...more

Stikeman Elliott LLP

Bill 59: Act to Modernize the Occupational Health and Safety Regime Amendments in Effect Since October 6, 2022

Stikeman Elliott LLP on

Bill 59, the Act to modernize the occupational health and safety regime, was adopted on September 30, 2021 by the Quebec National Assembly and sanctioned on October 6, 2021. It is the most important modernization process of...more

Blake, Cassels & Graydon LLP

New Employment Trends and Best Practices

From recent legislative developments and accommodation issues to health and safety concerns, there are many employment and labour law matters in Canada that employers have questions about as they manage their workplace. As...more

Littler

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

Littler on

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

Littler on

On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Littler

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

Littler on

On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more

Littler

British Columbia, Canada Announces Steps to Lift COVID-19 Restrictions

Littler on

Face coverings are optional for people in all indoor public settings.  People can continue to wear a mask based on personal choice.  Individual businesses and organizations can choose to continue to require mask wearing on...more

Bennett Jones LLP

Ontario to Lift Additional COVID-19 Safety Measures on March 21, 2022

Bennett Jones LLP on

Ontario's Chief Medical Officer of Health announced on March 9, 2022 the Province's plan for lifting the majority of the remaining COVID-19 related public health and workplace safety measures. This announcements comes just a...more

Blake, Cassels & Graydon LLP

Occupational Health and Safety in Quebec: Interim Prevention and Participation Regime to Take Effect

With a view to making workplaces healthier and safer, the Quebec National Assembly has passed An Act to Modernize the Occupational Health and Safety Regime (Act), which introduces a series of amendments to Occupational Health...more

Blake, Cassels & Graydon LLP

Santé et sécurité du travail : entrée en vigueur du régime intérimaire de prévention et de participation

Afin de rendre les milieux de travail plus sains et plus sécuritaires, le législateur a adopté la Loi modernisant le régime de santé et de sécurité du travail (la « Loi »), laquelle introduit une série de modifications à la...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

Stikeman Elliott LLP on

Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

International Lawyers Network

Vaccine Requirements – Canada: Montréal

Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more

Stikeman Elliott LLP

Québec Loosening More Restrictions Over the Next Weeks

Stikeman Elliott LLP on

Recap - In December 2021, the Québec Government ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, required...more

Littler

Phased Easing of Public Health Measures in Ontario, Canada to Begin January 2022

Littler on

With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

Stikeman Elliott LLP on

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

Littler on

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Littler

Employers in British Columbia, Canada are Required to Reactivate their COVID-19 Safety Plans

Littler on

Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more

Blake, Cassels & Graydon LLP

Upcoming Changes to Alberta’s Occupational Health and Safety Laws

A new Occupational Health and Safety Act (New OHSA) will replace the existing occupational health and safety (OHS) legislation in Alberta effective December 1, 2021. This bulletin sets out some of the noteworthy changes to...more

58 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide