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Decision raises questions about dependent contractors’ entitlement to reasonable notice

A recent Canada Industrial Relations Board decision has raised questions about the threshold that individuals must meet to be considered dependent contractors who are therefore entitled to reasonable notice on termination without just cause. Dependent contractors, while not formally considered employees because of the degree of control and independence they enjoy, are workers who offer […]

  • January 19, 2024 January 18, 2024
  • 09:00

Canadian jurisdictions enacting pay transparency legislation, but more work to be done

Pay transparency legislation is quickly gathering steam in Canada as provincial governments take steps towards shrinking the gender wage gap. Prince Edward Island was first to the post with pay transparency provisions in June 2022. While Newfoundland and Labrador’s Pay Equity and Transparency Act received royal assent in November 2022, its pay transparency provisions haven’t […]

  • November 21, 2023 December 3, 2023
  • 09:00

Canada Labour Code amendments will exempt some employees from hours-of-work requirements

New amendments to the Canada Labour Code will exempt some employees from the legislation’s hours-of-work requirements. “These amendments are a rare example of changes that employers in the federal sector will welcome and, in some respects, [will] align the CLC to Ontario’s Employment Standards Act,” says Landon Young, managing partner of Stringer LLP, a labour […]

  • October 31, 2023 October 30, 2023
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Nova Scotia Labour Board orders St. Mary’s University to resume pension contributions for plan members on LTD leave

The Nova Scotia Labour Board has ordered St. Mary’s University to resume making pension contributions for employees on long-term disability leave, reasoning that the pension committee had no authority to make changes to contribution levels mandated by the plan. “The board found that amendments to the pension plan proposed by the pension committee — the […]

  • September 21, 2023 September 20, 2023
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Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing ‘culture of acquiescence’

An arbitrator has ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the employer’s “culture of acquiescence” regarding enforcement of the limit. “The message to employers is that if they get in the habit of letting time limits slide, their lack of adherence can come back […]

  • September 7, 2023 October 6, 2023
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How recent Canada Labour Code updates are impacting federally regulated employers

There have been several changes to the Canada Labour Code in recent months. Here’s an overview of what’s happened and what’s on the horizon for employers under federal labour jurisdiction. New employer obligations As of July 9, 2023, federally regulated employers must reimburse employees for reasonable work-related expenses. When determining whether an expense is related […]

  • August 23, 2023 August 21, 2023
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How U.S. compensation clawback legislation could impact Canadian employers

New U.S. Securities and Exchange Commission listing requirements that impact compensation clawbacks could create conflicts with domestic employment laws for Canadian companies listed on U.S. stock exchanges. The rules are expected to take effect on Oct. 2, 2023, with compliance mandated by Dec. 1, 2023. They require all issuers on U.S. exchanges to adopt mandatory […]

  • July 14, 2023 July 13, 2023
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Quebec court rules municipal sector pension law unconstitutional for retirees, justified for active members

The Quebec Court of Appeal has ruled the province’s Bill 15, which substantially modified municipal sector pension plans, is unconstitutional with respect to retirees but justified for active plan members. The legislation, which was passed in 2014, adopted a cost-sharing formula for plans and plan deficits, established a shared-cost stabilization fund and put an end […]

  • June 29, 2023 June 28, 2023
  • 09:00

Ontario court overturns $249K judgment against employer that denied worker LTD benefits

The Ontario Court of Appeal has overturned a $248,931 judgment against an employer that denied long-term disability benefits to an employee, citing the trial judge’s misinterpretation of eligibility requirements. “The employee’s position was that he was on temporary medical leave, but he had been working until the day he left and the medical evidence clearly […]

  • May 25, 2023 May 24, 2023
  • 09:00

How will crypto disclosure rules impact federally regulated pension plans?

In its 2023 budget, the federal government announced plans to require that federally regulated pension plan sponsors disclose their cryptocurrency asset exposure to the Office of the Superintendent of Financial Institutions. The government has yet to announce how the pension disclosure requirements will be implemented. “Just how these guidelines will affect standards of governance or regulatory […]

  • April 20, 2023 May 2, 2023
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