Canada: Key Issues

  1. Effective 1 July 2022, the costs associated with COVID-19 related claims, as well as the corresponding claim count, will be applied in the calculation of premium rates. This change will apply to only claims with an accident date on or after 1 July 2022. The policy change likely results from the recent lifting of most pandemic-related public health restrictions and the increased risk of community infection.
  2. Recent decision reinforces an employee's right to privacy in the workplace, especially in respect of public sector employees who may be entitled to the Charter protections in their employment relationship.
  3. Employers who meet the 25-employee threshold requirement must have a written policy on the electronic monitoring of employees in place by 11 October 2022.
  4. Federally regulated employers with 100 or more employees need to be aware of the new paid medical leave provisions, which will come into force on or before 1 December 2022, and how they will be implemented.
  5. Under the COVID-19 Worker Income Protection Benefit program, employers may be entitled to reimbursement of the statutory IDEL pay that they provide to their employees. The maximum reimbursement amount is $200 per each day of IDEL taken per employee. Claims for reimbursement must be submitted to the Workplace Safety and Insurance Board within 120 days of when the employer paid the employee's IDEL pay or by 29 July 2023, whichever is earlier.

Canada: WSIB Policy Shift: Schedule 1 Employers Responsible for COVID-19 Claim Costs Effective 1 July 2022

Schedule 1 Business Accounts are now affected by COVID-19 claims. » Read More

Canada: Court of Appeal Upholds Employees' Right to Privacy

On 21 June 2022, the Court of Appeal for Ontario issued a decision that reinforces an employee's right to privacy in the workplace, specifically for teachers employed by a public school board to whom the Charter of Rights and Freedoms applies. » Read More

Canada: Ministry of Labour Releases Interpretive Guidance on Electronic Monitoring Policies

When the Employment Standards Act, 2000 (“ESA”) was amended earlier this year to require certain employers to implement a written policy on the electronic monitoring of employees, many were left wondering what the policy should look like. The Ministry of Labour has now released useful guidance regarding the new ESA requirements, including the required contents of the policy and how the requirements will be enforced. » Read More

Canada: Federal Government Proposes Regulations Addressing New Canada Labour Code Paid Medical Leave Entitlement

Parliament has amended the Canada Labour Code to provide federally regulated employees with up to 10 days of paid medical leave per year. These amendments and the new paid leave entitlement have not yet come into force. Until August 15, 2022, employers and stakeholders can comment on the proposed regulations as part of the Federal Government's consultation process. » Read More

Canada: Paid Infectious Disease Emergency Leave Extended to 31 March 2023

On 21 July 2022, the Ontario Government announced that the COVID-19 Worker Income Protection Benefit would be extended to 31 March 2023. The benefit program reimburses employers for providing paid days of infectious disease emergency leave (“IDEL”). » Read More

Internationally, we are the single Canadian member of L&E GLOBAL, an alliance of over 1500 labour and employment lawyers in more than 120 offices around the world. As part of L&E GLOBAL, Filion offers access to a single legal powerhouse for clients requiring complex cross-border labour and employment services throughout the world.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.