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The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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British Columbia Court of Appeal considers application of Workers Compensation Act to out-of-Province injury suffered by non-resident employee

December 13, 2018

A recent decision of the British Columbia Court of Appeal (the “BCCA”) highlights the complexities that may arise when applying workers compensation legislation to out-of-province injuries and non-resident employees. In Air Canada v. British Columbia (Workers’ Compensation Appeal Tribunal) (October, 2018), the claimant, Ms. Zechel, was a flight attendant employed by Air Canada. Although she resided in Winnipeg, her flight assignments originated and terminated at the Vancouver International Airport. Most of Ms. Zechel’s working hours were spent aboard flights in airspace outside of British Columbia (“BC”). In May 2012, while flying outside of BC airspace, Ms. Zechel detected an acrid odour…

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Ontario’s workplace laws continue to be the target of change as the government introduces Bill 66 – Restoring Ontario’s Competitiveness Act, 2018

December 12, 2018

Ontario continues its workplace law reform with the introduction of Bill 66, Restoring Ontario’s Competitiveness Act, 2018. Introduced on December 6, 2018, Bill 66 is omnibus legislation that proposes regulatory amendments to a number of statutes including the Employment Standards Act, 2000 (“ESA”), the Labour Relations Act, 1995 (“LRA”) and the Pension Benefits Act. The proposed amendments in Bill 66 remove a number of regulatory burdens on employers relating to items ranging from the posting of ESA information to the merger of pension plans. Employment Standards Act ESA Poster The ESA currently requires the Minister of Labour to publish a poster setting…

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Arbitrator states worker’s use of medical cannabis results in “unacceptable increased safety risk”- grievance dismissed

December 7, 2018

The recent legalization of recreational cannabis has highlighted the fact that there are a number of questions regarding the impairing effects of cannabis and how they may be measured. These questions generally focus on driving under the influence of cannabis and the apparent lack of technology to quickly and accurately measure impairment levels. As a recent arbitration decision from Newfoundland demonstrates, these issues are also arising in the workplace in the context of medically-authorized cannabis use. In Re International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard) (April 2018), the grievor alleged that the employer failed to…

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December 5, 2018 – Proposed changes to the Canada Labour Code

December 5, 2018

TOP STORY New Canada Labour Code amendments proposed   Decisions Harassment and administrative discharge – Air Canada v Unifor 2002 – 2018 CanLII 112823 Grievor discharged for not reintegrating to the workplace – grievor was harassed by several co-workers – granted workers’ compensation – compensation board eventually cleared for work – grievor did not feel she could continue to work – employer sensitive to concerns, but eventually discharged – arbitrator ruled dismissed grievance – also awarded grievor one years’ salary Denial of utility review – Fetaz, Re – 2018 CarswellAlta 2811 Power commission applied for approval to construct and operate wind turbines – applicants for…

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Federal Government Proposes Significant Amendments to the Canada Labour Code in Bill C-86

November 29, 2018

On October 29, 2018, the federal government tabled Bill C-86, an omnibus bill aimed at implementing further aspects of the government’s Budget 2018. The Bill introduces a new Pay Equity Act and contains provisions amending the Canada Labour Code (the “Code”). The Standing Committee on Finance adopted some amendments to the proposed Pay Equity Actand other provisions of the Bill, while the Code provisions remained unchanged. The amendments were accepted on November 27, 2018 at the Report stage, and the Bill is currently awaiting Third Reading in the House of Commons. In a previous Focus Alert, we discussed on an…

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November 27, 2018 – Sky Regional pilots choose ALPA

November 27, 2018

TOP STORY Sky Regional Airlines – Order No. 11337-U Application for certification – Air Line Pilots Association received certification – bargaining unit description: all pilots employed by Sky Regional Airlines Inc., excluding Assistant Chief Pilots, managers and anyone above those ranks   CTA Decisions Application – Flair Airlines Ltd. c-o-b as Flair Air, on behalf of itself and Travel Service – Determination No. A-2018-248 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Select Aero Inc, c-o-b as Select Aero and Select Aviation – Determination No. A-2018-246 Pursuant…

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Bill 47, Making Ontario Open for Business Act, 2018, Receives Royal Assent

November 22, 2018

The Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018, on October 23, 2018. As discussed in a previous Focus Alert, the Bill proposed amendments to the Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995 (the “LRA”) repealing many of the changes implemented by the former Liberal government’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Bill 47 received Royal Assent on November 21, 2018. The Standing Committee on Finance and Economic Affairs (“Standing Committee”) did not make any changes to the Bill 47 provisions regarding the ESA, as summarized in our previous Focus…

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November 20, 2018 – A brand with Flair

November 20, 2018

TOP STORY A new Flair carrier   Decisions Pilot age discrimination – Bradley v Onni Group of Companies, 2018 BCHRT 250 Pilot applied for job as business pilot – application refused because company looking for “young guy” – pilot attempted to apply again – no response – pilot filed timely application with the Canadian Human Rights Commission (CHRC) – CHRC refused jurisdiction – pilot filed in British Columbia Human Rights Tribunal – company objected to timeliness of application – application allowed by tribunal – it is in the public interest to hear pilot’s complaint on its merits   CTA Decisions…

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November 13, 2018 – 747 skids off runway, aircraft sustains significant damage

November 13, 2018

TOP STORY TSB investigators in Halifax after 747 cargo jet goes off runway   CTA DECISIONS Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-234 Pursuant to subsection 69(1) of the Canada Transportation Act Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-233 Pursuant to subsection 73(2) of the Canada Transportation Act Application – WestJet on behalf of itself and Qantas Airways Limited – Determination No. A-2018-232 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Jet Airways (India) Limited, on behalf of itself and Hong Kong Airlines Limited –Determination No….

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November 8, 2018 – Ontario Continues to Keep Students Safer to Provide better Learning

November 8, 2018

Bill 48, the Safe and Supportive Classrooms Act, 2018, was introduced by the Minister of Education in the legislature on October 25, 2018. The Bill, if passed, will amend the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, and the Teaching Profession Act by expanding the definitions of professional misconduct and sexual abuse and providing for the mandatory revocation of a member’s certificate if a discipline committee finds the member guilty of an act of professional misconduct that includes sexual abuse of a child, a prohibited act involving child pornography or a prescribed sexual act. The proposed amendments clarify that sexual abuse…

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November 6, 2018 – Criminal conviction for drone pilot

November 6, 2018

TOP STORY Criminal conviction for drone pilot   DECISIONS Security clearance – Malafouris v Canada (Transport), 2018 FC 1082 Employee of Securitas Transportation Aviation Security Ltd working at YUL revoked security clearance – judicial review of minister’s decision – employee Mexican national – requested to provide criminal background check from Mexican police – employee unable to comply – employee told to withdraw application – security pass surrendered at airport – mistaken belief of withdrawal – application denied – decision quashed – application was not complete and therefore not receivable CIRB DECISIONS Revocation of certificate – Alma Airport Inc. – Order No. 11330-U CUPE Local…

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Federal government introduces significant amendments to labour standards provisions under Part III of the Canada Labour Code as well as proposing new Pay Equity legislation

October 31, 2018

On October 29, 2018, the Federal government introduced Bill C-86, referred to as A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures. Bill C-86 is omnibus legislation that will, if passed, make significant amendments to the labour standards provisions under Part III of the Canada Labour Code as well as introducing proactive pay equity legislation for federally-regulated workplaces. Canada Labour Code Bill C-86 contains sweeping amendments to the labour standards provisions under the Canada Labour Code (the “Code”). The Federal government stated that this is part of its commitment to ensuring a modern…

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October 31, 2018 – Non-resident worker in international airspace may have claim for psychological injury

TOP STORY Air Canada v British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCCA 387 Judicial review – Trial court allowed judicial review – Workers’ Compensation Appeal Tribunal (WCAT) refused flight attendant living in Manitoba workers’ compensation – flight attendant suffered psychological distress after incident on transpacific flight – claimed workers’ compensation –whether non-domiciled worker can claim for injury in international airspace – WCAT did not allow compensation – trial judge allowed – Court of Appeal agreed with trial judge – WCAT decision flawed – remitted to WCAT to consider again   CIRB DECISIONS Revocation of certification – Cargojet Airways Ltd. – Order No. 11327-U…

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Ontario government introduces Bill 47, Making Ontario Open for Business Act, 2018 – repeals much of labour-friendly Bill 148

October 26, 2018

On October 23, 2018, the Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018. If passed into law, Bill 47 would amend the Employment Standards Act, 2000 (the “ESA”), and the Labour Relations Act, 1995 (the “LRA”) to repeal many of the changes implemented by the former Liberal government through Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Readers of Focus will recall the more significant aspects of Bill 148 (which received Royal Assent in November of 2017), which included a significant increase to the minimum wage and equal pay for equal work rules under…

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October 23, 2018 – Airlines impose cannabis ban on pilots and cabin crew

October 23, 2018

TOP STORY Airlines impose cannabis ban on pilots and cabin crew   DECISIONS Security clearance – Del Vecchio v Canada (Attorney General) – 2018 FCA 168 Appeal – Federal Court refused judicial review – security clearance withdrawn by Director General, Aviation Security – security clearance required, operate business at airport – appeal dismissed – trial judge applied correct standard of review – risks associated with aviation safety if clearance remained valid reason for Director General to refuse Criminal – R v Dubé – 2018 QCCQ 6979 3 accusations, misfeasance against property – caused short circuits in Hydro transmission lines –…

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