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At Humanos Consulting our goal is to be the leading human resources service provider for individuals, companies, corporations, municipalities, government agencies. This means staying informed. This blog section is Humanos Consulting way of bringing attention to changes, missing pieces of the puzzle, labour related issues and more. We want our clients to be informed!

Ottawa Releases Feedback on Proposed Workplace Violence Regulations

All Canadians deserve a workplace that is free from harassment and violence. That is why the Government of Canada took action with Bill C-65, legislation to better protect federally regulated workplaces from unacceptable behaviours. Bill C-65 defines harassment and violence as any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. The legislation received Royal Assent last October and will come into force in 2020. To ensure these regulations are robust and respond to the needs of the diverse workplaces where they will apply, the Government asked Canadians and stakeholders for their feedback on the proposed regulations.

More than a thousand Canadians shared their views on what should be included in workplace harassment and violence prevention policies and the kind of support employers should provide.

The government also consulted with stakeholders from across Canada through roundtables and web conferences. Federally regulated employers, employee representatives, subject matter experts and advocacy groups, among others, shared their insights on the initial proposed regulations.

The insights gathered have been carefully considered to help shape the new workplace regulations. The revised proposed regulations are now in the Canada Gazette, Part I, and will be available for public comment for the next 30 days. Canadians are encouraged to provide additional feedback before the regulations are finalized.

Compensation Growth

April 13, 2019

The Ontario Government is consulting with public sector employers and bargaining agents on how to best manage compensation growth in the public sector.

I n a News Release, the government has indicated that the purpose of the consultations is “to explore how compensation growth can be managed in a way that results in wage settlements that are modest, reasonable and sustainable.” Feedback from these consultations could result in potential measures such as:

 Voluntary agreement to wage outcomes lower than the current trend;

 Trade-offs that will lead to reductions in compensation costs; and

 Consideration of legislative measures

Given the current government’s recent actions, it is reasonable to believe that the province will be looking at legislative and regulatory measures – such as collective agreement provisions to aid employers, wage caps and direct government participation in collective bargaining - to help public sector employers control wages and benefits.

Election 2019: Are your employees entitled to time off on Election Day? Here’s what you need to know

McCarthy Tétrault LLP

On Election Day, eligible electors — i.e., Canadian citizens 18 years or older who are registered to vote — are entitled to three consecutive hours to vote between when the polls open and when they close. If an employee’s work schedule does not otherwise allow for this, an employer must grant them time off to vote.

This election law primer is intended as general guidance only. 

Employers can decide when on Election Day they will grant their employees the required time off. For example, if voting hours in a particular locality run from 7:00 a.m. to 7:00 p.m., and an employee works from 9:00 a.m. to 5:00 p.m., that employee’s work schedule would not allow for three consecutive hours off for voting. The employee’s employer could:

  1. provide one hour off at the beginning of the employee’s schedule, allowing them to start work at 10:00 p.m.;

  2. provide one hour off at the end of the employee’s schedule, allowing them to leave work at 4:00 p.m.; or

  3. provide three consecutive hours off within the employee’s work hours between 9:00 a.m. and 5:00 p.m.

It is an offence for employers to penalize or deduct pay from employees for taking time off to vote, or to fail to provide an employee with time off to vote as required under s. 132 of the Canada Elections Act. Violations are punishable by a fine of up to $2,000, three months’ imprisonment, or both. Employers also must not “by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting” (s. 134). Violating this further prohibition is punishable by a fine up to $50,000, five years’ imprisonment, or both.

All employers are required by law to give time off work to vote. However, under s. 132(3) of the Canada Elections Act, this obligation does not extend to employers in the transportation industry if: (i) the employer is a company that transports goods or passengers by land, air or water; (ii) the employee is employed outside their polling division; (iii) the employee is employed in the operation of a means of transportation; and (iv) the time off cannot be allowed without interfering with the transportation service.