Labour and Employment Law Blog

On November 24, 2021, the British Columbia government announced that, effective January 1, 2022, British Columbia employees who are covered by the Employment Standards Act and who have worked more than 90 consecutive days will be entitled to five paid days of personal illness or injury leave per year.

Employees who qualify for the paid leave must be paid an “average ...

This blog post is a follow-up to our two-part blog post and webinar discussing sweeping changes to Alberta's workers' compensation and occupational health and safety legislation. At that time, it was unknown when the new Alberta Occupational Health and Safety Act ("new OHSA") and revised regulations would come into force.

The Alberta Government has announced that the new ...

On October 25, 2021, Ontario introduced Bill 27, Working for Workers Act, 2021, and on November 3, 2021 it received its second reading. If passed, the proposed Bill will amend Ontario’s Employment Standards Act, 2000 (ESA) to prohibit non-compete clauses in employment agreements and require organizations with over 25 employees to implement “disconnecting from ...

Did you know that businesses are protected from being sued for COVID-19 transmission, in certain circumstances, in British Columbia?

In the summer of 2020, the British Columbia government enacted the COVID-19 Related Measures Act and the Covid-19 (Limits on Actions and Proceedings) Regulation to support B.C.’s restart plan for the COVID-19 pandemic. One of the ...

In the recent decision of Matijczack v. Homewood Health Inc., 2021 BCSC 1658 (Homewood Health), the BC Supreme Court confirmed that employers must provide consideration to make amendments to existing employment agreements enforceable.

Following a 2018 decision from the BC Court of Appeal (Rosas v. Toca, 2018 BCCA 191), the law relating to consideration for contractual ...

It has been a long year-and-a-half for businesses. On top of the personal pandemic fatigue most British Columbians have been feeling for some time now, businesses in particular have had to be nimble in reacting to public health orders, legislative changes, and government policy which has often been announced and implemented on very short notice and with scant available ...

Important new legislative changes impacting federally regulated employers will come into effect in 2021: the Pay Equity Act and a minimum wage requirement. Details on both these measures and how that will affect employers are examined below. 

Pay Equity Act

The federal Pay Equity Act comes into effect on August 31, 2021. The Act applies to federally regulated employers who ...

On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan. 

What is a Communicable Disease Prevention Plan?

It is a plan that outlines the steps an employer is taking to ...

Employers who are faced with employee requests for accommodation on the basis of family status may find that the response to such requests depends on the province of employment. In a recent decision, United Nurses of Alberta v Alberta Health Services (“United Nurses”), the Alberta Court of Appeal expressly rejected a line of cases from other jurisdictions that impose ...

Following the discovery of what are believed to be the remains of 215 indigenous children in unmarked graves at a former residential school in Kamloops, BC, the federal government fast-tracked Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation). The legislation received royal ...