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Author Archives: Julie Mathe

Time Off for Voting: Employer Obligations on Election Day

The federal election has been called for Monday, September 20, 2021. Employers should be aware that, under the Canada Elections Act (the “Act”), they must provide employees with time off to vote.   Three Consecutive Hours to Vote All employees who are Canadian citizens and 18 years of age or older are entitled to have three consecutive hours off on Election Day to vote. Voting hours in the Eastern time zone are from 9:30 a.m. to 9:30 p.m. If an employee’s hours of work do not allow for three consecutive hours off within this period, the employer must give them…

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This entry was posted in Focus Alerts, New.

September 4, 2021 – Canada set to welcome fully vaccinated foreign travellers next week

TOP STORY Canada set to welcome fully vaccinated foreign travellers next week   CTA DECISIONS Suspension – Valley Med Flight Inc. – Order No. 2021-A-S-274 License No. 130069 Suspension – PacJet, Inc. – Order No. 2021-A-S-276 License No. 200018 Suspension – EagleMed LLC c.o.b. AeroCare, Air Evac Lifeteam – Order No. 2021-A-S-277 License No. 120058 Suspension – Voluxis Limited – Order No. 2021-A-S-267 License No. 210002 Application – Maleth Aero AOC Limited – Determination No. A-2021-129 Application for license to operate non-scheduled international service to transport traffic on a charter basis between Malta and Canada – Agency issued license subject…

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This entry was posted in Aviation Law Briefings.

September 3, 2021 – The Divisional Court unanimously agreed that constitutional rights of management employees do not provide a positive right to strike

The Divisional Court unanimously agreed that constitutional rights of management employees do not provide a positive right to strike UFCW v. Aurora Cannabis Ontario’s principals’ and vice-principals’ associations intervened at the Divisional Court to argue that labour relations schemes must include an express right to strike. The four Ontario trustee associations (OPSBA, ACÉPO, AFOCSC, OCSTA) opposed the position of the Ontario’s principals’ and vice-principals’ associations. The Court unanimously upheld the position of the Ontario trustee associations. Emond Harnden’s Paul Marshall and Joël Rocque successfully represented the two public school boards’ associations. The Court’s decision reinforces the constitutionality of principals’ and…

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This entry was posted in Education Law Newsletter.

Ontario Announces Proof of Vaccination Requirement for Select Settings

On September 1, 2021, the Ontario government, in consultation with the Chief Medical Officer of Health (“CMOH”), announced that individuals will have to be fully vaccinated and provide proof of their vaccination status in order to access select settings and businesses effective September 22, 2021.  “Fully vaccinated” is defined as two doses plus 14 days. The settings and businesses for which proof of full vaccination will be required for access are certain higher-risk indoor public settings where face coverings cannot always be worn, including: Restaurants and bars (excluding outdoor patios, delivery and takeout); Nightclubs (including outdoor areas); Meeting and event…

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This entry was posted in Health and Safety Issues, New.

Ontario Mandates COVID-19 Vaccination Policies for High-Risk Settings

On Tuesday, August 17, 2021, the Province of Ontario announced that it will require employers in certain high-risk settings to implement vaccination policies. While the Ontario government stopped short of mandating vaccination for all employees in such settings, it appears to be utilizing a combination of vaccination, education and testing to protect vulnerable individuals in settings where the risk of contracting and transmitting COVID-19 – including the Delta variant – is highest. With respect to public hospitals, home and community care service providers, and ambulance services, the Chief Medical Officer of Health has issued Directive #6, which mandates those organizations…

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This entry was posted in Health and Safety Issues.

Federal Government to mandate vaccination for the aviation sector

On Friday, August 13, 2021, The Treasury Board of Canada Secretariat announced that as early as the end of September, the Government of Canada intends to require that all employees in the federal public service be vaccinated against COVID-19. In the same announcement, the Government indicated that by no later than October 31, 2021, employees in the federally regulated air, rail, and marine transportation sectors will also be required to be vaccinated against COVID-19. At this early stage, the Government has not delineated the specific entities that will fall under this mandate. However, several airports and airport groups including the…

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This entry was posted in Aviation HR Briefings.

July 25, 2020 – PAL Aerospace pilots certified by ALPA

TOP STORY ALPA represents 60-Plus PAL Aerospace pilots   COVID-19 UPDATES Government extends COVID-19 Leave available under the Canada Labour Code by up to 8 weeks Canadian government proposes significant changes to emergency wage subsidy in Bill C-20   DECISIONS Grievance – Jurisdiction – Tremblay v. Ontario (Ministry of Natural Resources and Forestry), [2020] O.P.S.G.B.A. No. 11 Employer preliminary objection – argued grievance regarding  discontinuation of salary allowance for managers in Aviation Services about job classification, and therefore outside Board’s jurisdiction – dispute over one aspect of compensation not a classification complaint – dismissed Workers’ Compensation – Continuation of Claim…

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This entry was posted in Aviation Law Briefings.

Canadian Government Proposes Significant Changes to Emergency Wage Subsidy in Bill C-20

Since its initial launch in the spring, the Canada Emergency Wage Subsidy (or “CEWS”) – a temporary program intended to protect jobs by helping employers keep their employees on payroll while navigating the ongoing COVID-19 pandemic – has already benefited approximately 3 million Canadian workers. On July 20, 2020, the Federal government introduced Bill C-20, An Act respecting further COVID-19 Measures. Bill C-20 not only proposes a number of significant changes to the CEWS, but also introduces additional measures intended to address other consequences of the pandemic. Proposed Changes to the CEWS Bill C-20, which passed in the House of Commons by unanimous consent…

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This entry was posted in Government Support Measures.

Government Extends COVID-19 Leave Available Under the Canada Labour Code by up to 8 Weeks

In a previous Focus Alert, we discussed the creation and implementation of the temporary new “Leave Related to COVID-19” (or “COVID-19 Leave”) for federally regulated employees subject to the application of the Canada Labour Code. Initially, COVID-19 Leave was subject to a maximum duration of 16 weeks during which an eligible employee could benefit from an unpaid, job-protected leave of absence in the event that they were not able or not available to work for reasons related to COVID-19. The reasoning behind the maximum duration of the COVID-19 Leave was that it would align with the maximum duration of the…

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This entry was posted in Government Support Measures, Sick Leave and Leaves of Absence.

Ontario Superior Court of Justice Issues Emergency Injunction in Long-Term Care Sector at Request of Nurses’ Union

A major characteristic of the global COVID-19 pandemic has been the occupational health and safety-related concerns that it has raised for those working in the health care field. In an effort to address these concerns and the associated risk, the Chief Medical Officer of Health for the province of Ontario has issued a number of Directives under section 77.7 of the Health Protection and Promotion Act, including two which specifically address long term care homes: Directive #3, which generally provides for the appropriate precautions and procedures (related to, for example, screening, masking, testing and communications, amongst other things) to be…

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This entry was posted in Health and Safety Issues.