Resources

Forum Selection Clauses

Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses. Although not an employment or labour law decision, Schuppener is a case of particular relevance to employers which conduct business across provincial or international borders and want certainty as to the jurisdiction in which any litigation regarding those employment contracts will occur.

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BC Human Rights Tribunal Confirms Bona Fide Employee Insurance Plans Are Not Discriminatory

British Columbia’s Human Rights Code[1] (“Code”) prohibits an employer from discriminating against an employee on the basis of certain protected characteristics with respect to employment or any term or condition of employment.  However, section 13(3)(b) of the Code exempts bona fide employee insurance plans and other specified plans from allegations of discrimination on the grounds of marital status, physical or mental disability, sex and age.

[1]  Human Rights Code, R.S.B.C. 1996, c. 210.

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Overview of the Canada Recovery Benefits

On Friday, October 2, 2020, Bill C-4, An Act relating to certain measures in response to COVID-19, received royal assent.  The new legislation includes three income support programs: the Canada Recovery Benefit, the Canada Recovery Sickness Benefit and the Canada Recovery Caregiving Benefit (the “Recovery Benefits”).

The new Recovery Benefits are intended to replace the Canada Emergency Response Benefit (the “CERB”) which ended on September 26, 2020.

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Employer Obligations on General Voting Day: 2020 Provincial General Election

A Provincial General Election will take place in British Columbia on Saturday, October 24, 2020 (“General Voting Day”).

The B.C. Election Act imposes certain obligations on employers to ensure that their employees have sufficient time free from work to exercise their right to vote.  As a service to our clients and other interested parties, we are publishing this bulletin to help employers understand the scope of these obligations.

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Federal Government Introduces New Recovery Benefits Legislation

On the morning of September 24, 2020, Deputy Prime Minister and Finance Minister, Chrystia Freeland, and the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced the introduction of Bill C-2, to create three new benefits intended to take effect after the CERB program winds down – the Canada Recovery Benefit, the Canada Recovery Sickness Benefit, and the Canada Recovery Caregiving Benefit (the “Recovery Benefits”).

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If You Want to Collect and Use Employee Personal Information for Disciplinary Purposes, You Better Make Sure It’s Done Properly Or You Could Be Liable for Damages

In a preliminary decision, a B.C. arbitrator confirmed his authority to award damages for an employer’s breach of the provisions of B.C.’s Personal Information Protection Act (“PIPA”) relating to the collection and use of employee personal information.

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Extension of the CERB, Changes to EI, and Introduction of New Recovery Benefits

On August 20, 2020, Finance Minister, Chrystia Freeland, and Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced: (a) the extension of the Canada Emergency Response Benefit (the “CERB”); (b) upcoming changes to the Employment Insurance (“EI”) program; and (c) plans for three new benefits intended to take effect after the CERB program winds down.

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A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA

While Canadian businesses are still reacting to changes wrought by the COVID-19 pandemic, the coming into force of the United States-Mexico-Canada Agreement (the “USMCA”) on July 1^st, 2020 may have an equally significant impact on recovery and expansion goals throughout this decade.

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Changes to the Workers Compensation Act Now in Effect

Bill 23, which introduces significant changes to the Workers Compensation Act (the “Act”), received royal assent on August 14, 2020. The Act contains 34 provisions including changes relating to compensation, assessment, and occupational health and safety matters. Bill 23 was tabled by Minister of Labour, Harry Bains, on  July 14, 2020, and was previously discussed in our July 21,2020, update.

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Accommodations in Unprecedented Times: Accommodating Employees with Higher Levels of Vulnerability to COVID-19

With B.C. in Phase 3 of the Restart Plan, many employees who were previously working remotely or laid off are returning to the workplace.  One issue employers are facing is how to address accommodation requests from older employees and/or those with underlying health issues who are more vulnerable to COVID-19 than the general population. This update sets out an employer’s obligations to vulnerable employees and what to consider when returning them to workplace.

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