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Health and Safety Workplace Safety Canada

Littler

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

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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

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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

Davies Ward Phillips & Vineberg LLP

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: •...more

Ius Laboris

Ontario seeks input on heat stress proposal

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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

Bennett Jones LLP

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

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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

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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...

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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

Littler

Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

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As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more

Stikeman Elliott LLP

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

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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

Stikeman Elliott LLP

Québec Ends COVID-19 State of Emergency and Mandatory Masking on Public Transportation

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On June 1, 2022, the Québec government officially ended the province’s state of emergency first declared in March 2020 to deal with the COVID-19 health crisis.  The government also lifted the COVID-19 mask mandate for...more

Stikeman Elliott LLP

Québec Ends COVID-19 State of Emergency and Mandatory Masking on Public Transportation to be Lifted on June 18, 2022

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On June 1, 2022, the Québec government officially ended the province’s state of emergency first declared in March 2020 to deal with the COVID-19 health crisis.  The government has also announced that it will lift the...more

Littler

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

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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

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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

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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

Stikeman Elliott LLP

Québec to Delay Eliminating Mandatory Masking to End of April as COVID-19 Cases Rise

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With the recent rise in COVID-19 cases and hospitalizations, the interim Québec National Director of Public Health announced on April 5, 2022 that the wearing of masks in public places indoors (scheduled to be eliminated...more

Littler

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

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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

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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

Littler

Ontario, Canada Removing Masking Requirement on March 21 in Most Settings and Ending All COVID-19 Public Health Measures on April...

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On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....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

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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

Littler

Ontario, Canada Announces Plan to Lift Capacity Limits and Proof of Vaccination Requirements

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Ontario first released its plan to follow a cautious and phased approach to lifting COVID-19 public health and workplace safety measures on January 20, 2022. On February 14, 2022, however, Ontario announced that with key...more

Stikeman Elliott LLP

Ontario Fast-tracks Reopening Plan: Public Health Measures to be Eased as of February 17, 2022

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On February 14, 2022, the Government of Ontario announced that continued improvement in public health indicators means that COVID-related restrictions can be relaxed ahead of schedule. The first major changes take effect on...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

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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

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