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International Labor Laws Health and Safety Canada

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

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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...

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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

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

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

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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

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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

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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

Blake, Cassels & Graydon LLP

La Cour suprême de la C.-B. confirme le droit des employeurs d’imposer la vaccination contre la COVID-19

Dans le cadre d’une récente décision portant sur la vaccination obligatoire contre la COVID-19 en milieu de travail (Parmar v. Tribe Management Inc.), la Cour suprême de la Colombie-Britannique (la « CSCB ») a statué qu’un...more

Blake, Cassels & Graydon LLP

B.C. Supreme Court Upholds Employers’ Right to Implement COVID-19 Vaccine Mandates

In a recent decision on COVID-19 vaccine mandates in the workplace (Parmar v. Tribe Management Inc.), the Supreme Court of British Columbia (Court) held that an employer is entitled to place an employee on unpaid leave of...more

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Canada Removes All COVID-19 Entry Restrictions for All Travelers Regardless of Citizenship Effective October 1, 2022

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On September 26, 2022, the Public Health Agency of Canada (PHAC) announced that effective October 1, 2022, Canada’s COVID-19 entry restrictions will be removed for all travellers regardless of citizenship, and Transport...more

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Canada Suspends Mandatory Vaccines for Most Travel, Federally Regulated Transportation Workers, and Federal Government Employees

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On June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20. Federally Regulated Travel Sector...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

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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

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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

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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

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Canada: Pre-entry COVID-19 Testing Will Soon Not Be Required for Fully Vaccinated Travellers

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Fully Vaccinated Travellers - On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more

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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

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

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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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

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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

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

Blake, Cassels & Graydon LLP

Modernisation du régime de santé et de sécurité au travail : le Projet de loi n° 59 reçoit la sanction royale

Le 6 septembre 2021, la Loi modernisant le régime de santé et de sécurité du travail (le « Projet de loi »), qui avait été adoptée par l’Assemblée nationale du Québec, a reçu la sanction royale. Le volumineux Projet de loi a...more

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Canada: Toronto Medical Officer of Health Effectively Mandates that Employers Institute COVID-19 Vaccination Policies

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On August 20, 2021, Toronto’s Medical Officer of Health (TMOH) issued a statement effectively mandating that local employers institute a workplace vaccination policy (WVP) to protect their employees and the public from...more

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