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On the evening of June 18, 2018, the Senate passed Bill C-45, an Act respecting cannabis and to amend the Control Drugs and Substances Act, the Criminal Code and other Acts (the “Act”), as amended. The Bill still needs to receive Royal Assent. Prime Minister Trudeau announced today that the legislation will take effect on October 17, 2018.

Under the Bill’s transitional ...

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In a pair of recent decisions originating from British Columbia, the Supreme Court of Canada appears to be putting employers on notice that their responsibilities and liabilities may extend beyond their own front door.

In December 2017, the Supreme Court of Canada released its decision in British Columbia Human Rights Tribunal v. Schrenk (2017 SCC 62), that we discussed in ...

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Does your business or organization offer goods and services overseas? Or otherwise collect or use personal information of Europeans? If so, you may find yourself unwittingly caught by Europe's new privacy regulations.

The General Data Protection Regulation (GDPR) is the European Union's (EU) new privacy law and it came into force on May 25, 2018. The GDPR applies not only ...

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A former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide a harassment-free workplace.

Ms. Lewis alleges that she suffered sexual assault at the hands of a pilot who had previously engaged in similar behaviour with another flight ...

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The Supreme Court of Canada has dismissed leave to appeal in Suncor Energy Inc. v. Her Majesty the Queen in the Right of Alberta. The case involved the application of litigation privilege to an internal incident investigation conducted following a workplace fatality.

In April 2014, Suncor Energy Inc. (Suncor) experienced a worker fatality at one of its worksites near Fort ...

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In the fast-paced world of payroll, mistakes occasionally happen leading to overpayment of employees. It is tempting to correct such overpayment by simply deducting the overpaid amount from the employee's next paycheque. British Columbia employers may be surprised to learn that, except in certain circumstances, this method of recovery is impermissible.

Section 21(1 ...

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The federal government has set November 1, 2018 as the date the mandatory breach reporting provisions of the Personal Information Protection and Electronic Documents Act ("PIPEDA") will come into effect.

The breach reporting obligation will apply to all federally regulated employers (including banks, telecommunication companies, airlines, and other ...

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On Monday April 9, 2018, B.C.'s provincial government introduced Bill 6, which amends the B.C. Employment Standards Act to provide for new and extended leaves for employees. Bill 6 is a preliminary step in the government’s intended overhaul of the Employment Standards Act, with further amendments expected to be proposed in the future. The new and extended leaves are ...

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In the recent Ontario decision Cook v. Hatch, 2017 ONSC 47, Lederer J. wrote that "if the parties to a contract seek to limit the notice requirements in the event of a termination but understand that they are bound by the minimum requirements of the applicable legislation, such a provision is not difficult to draft."

Nevertheless, drafting effective termination clauses that ...

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Issues regarding procedural fairness in workplace investigations are on the rise. This is a good time to review standards of fairness and provide investigation tips we often share with clients. 

Employers conduct investigations in a number of different contexts, including Workers’ Compensation incidents, bullying and harassment complaints, and employee ...
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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

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