At a Glance: Key Legislative Updates (As of January 3, 2025)

Alissa Scarcello

This past summer, we wrote about some of the key amendments to the Employment Standards Act, 2000 (“ESA”) and the Occupational Health and Safety Act (“OHSA”) triggered by the introduction of one bill, and the passing of another. Now, the Ontario government is putting a bow on loose ends just in time for the holiday season. The government passed the Working for Workers Five Act, 2024 on October 28, 2024 (“Bill 190”), after passing the Working for Workers Four Act, 2024 (“Bill 149”) earlier in March.  

 

This PH Report will briefly outline some of the key changes to the ESA and OHSA in 2024 and when these changes take effect, if they have not already. It will also briefly highlight some of the provisions in the brand-new Working for Workers Six Act, 2024, announced on November 27, 2024. 

Key Legislative and Caselaw Updates Employers Should Know Heading Into the Summer

Alissa Scarcello

In recent months, the Ontario government has proposed several amendments to legislation affecting employers in Ontario. In addition to the proposed legislative updates, the courts have also released key decisions in the last few months. This PH Report summarizes the proposed amendments outlined in the Working for Workers Five Act, 2024 and three significant decisions regarding frustration of contract, mental distress damages, and the failure to mitigate damages. 

Autumn Means Changes – Legislative Changes for Employers

Cynthia Ingram

A new school year has begun and the days already seem to be getting shorter. Soon leaves will turn and change from green to the beautiful colours of fall. Thought will turn to family gatherings and traditions for Thanksgiving, and to costumes and candies for Halloween. But with October upon us, employers must also turn their mind to several changes in the law which directly impact them.

Deemed IDEL Set to Expire on July 30, 2022

Janet Lunau

In March 2020, the Ontario government created the “deemed” Infectious Disease Emergency Leave under the ESA. Because of the deemed IDEL, non-unionized employees were deemed to be on a job-protected leave of absence if their hours were reduced or eliminated by the employer for COVID-related reasons. The “deemed” IDEL is now set to expire on July 30, 2022.

New Protocols for Toronto Businesses Experiencing COVID-19 Outbreaks & Remote Workplace Checklist

Piccolo Heath LLP

In this PH Report:

  • A recent class order in Toronto was issued with the purpose of reinforcing the importance of COVID-19 protocols and requirements for workplaces experiencing an active outbreak of COVID-19.

  • As many workplaces continue to have employees working remotely, it’s important to remember that their home is now their workplace. We have put together a short checklist to remind you of some practical and legal considerations for your Remote Work Policy.

Changes to the COVID-19 Infectious Disease Emergency Leave in Ontario

Piccolo Heath LLP

On July 24, 2020, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, came into force. This Act ended the COVID-19 declaration of emergency in Ontario (while providing for the extension of particular Orders made pursuant to the Declaration), effective that day. On September 3, 2020, the government extended the deemed Infectious Disease Emergency Leave (deemed “IDEL”) under the ESA Regulation to January 2, 2021. It had previously been set to expire on September 4, 2020.

The New Normal is Not So Normal – ESA Changes in Response to COVID-19

Cynthia Ingram

Perhaps even more startling than the spread of COVID-19 across the globe is the speed with which things change in an effort to “flatten the curve”. These daily, and sometimes hourly, changes put pressure on both employers and employees. Important for Ontario employers, the provincial government has announced its intention to amend the ESA to provide immediate job protection for employees who have received medical or public health advice and are quarantined or isolated due to COVID-19 symptoms or diagnosis, or who have been away from work to care for children because of school or daycare closures, since January 25, 2020.

Changes Implemented to the Canada Labour Code and Federally-Regulated Workplaces

Jennifer Heath

The Canada Labour Code (the “Code”) prescribes the minimum employment standards for federally regulated workplaces. Under Bill C-86, the federal government recently made several amendments to the Code, concerning minimum termination notice, leave provisions and vacation pay, amongst other things. In addition, other legislative changes were announced that, while not within the framework of the Code, will impact federally regulated workplaces. A summary of these changes is outlined below.

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