NEWS OF THE MONTH
B.C. Expands Job Protection for Workers Facing Serious Illness or Injury
British Columbia is moving to strengthen job security for employees dealing with serious health challenges. A proposed amendment to the Employment Standards Act would allow workers to take up to 27 weeks of unpaid, job-protected leave within a 12-month period to undergo medical treatment or recovery.
If passed, this change would bring B.C. in line with other provinces such as Ontario and Manitoba and align with the federal Employment Insurance Sickness Benefits program.
“People should never have to choose between their job and their health,” said Premier David Eby. “This amendment ensures that people can focus on recovery, while employers retain their skilled workers.”
The leave can be taken in multiple periods to accommodate treatments like chemotherapy or conditions such as multiple sclerosis. Employees will need a medical certificate confirming their inability to work.
Once enacted, the change will require employers to update their leave and return-to-work policies to ensure compliance.
💡HRC Tip:
Review your employee handbook and ensure your medical leave policies align with upcoming legislative changes.
UPCOMING WEBINARS
Federal
Budget 2025: Ottawa Moves to Ban Non-Competes and Boost Workforce Support
In a major workforce announcement, the federal government is proposing to ban non-compete agreements in banks and other federally regulated workplaces as part of Budget 2025.
The move aims to protect workers’ rights, promote mobility, and strengthen competition, allowing employees to move freely to higher-paying jobs or start their own businesses.
Consultations on the legislative changes are expected to begin in early 2026.
Beyond the non-compete ban, Budget 2025 outlines a sweeping set of initiatives to address labour shortages and support workers affected by global market shifts, including:
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Reskilling and training support:
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$570 million over three years to help workers displaced by trade disruptions access training and employment assistance.
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A new national online training platform and digital job-matching tool are also in the works.
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Workforce alliances and innovation fund:
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$382.9 million to connect employers, unions, and industry groups to coordinate skills development in key sectors.
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Foreign Credential Recognition Action Fund:
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$97 million to make the recognition process faster and fairer, focusing on health care and construction workers.
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Apprenticeship expansion:
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$75 million to strengthen union-based apprenticeship training through the Union Training and Innovation Program.
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Personal Support Workers Tax Credit:
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A temporary, refundable tax credit of up to $1,100 per year for PSWs in regions without wage top-up agreements — designed to improve retention in this critical field.
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Finance Minister François-Philippe Champagne said the goal is to ensure Canada maintains a “skilled, adaptable, and resilient workforce” ready to meet the needs of a changing economy
FEATURED CASE STUDY

Case Spotlight: When a “Last Chance Agreement” Really Means the Last Chance
When an employee is on their final warning, how far can an employer go before termination is justified? An Ontario arbitrator has upheld the termination of an employee who breached a Last Chance Agreement, reaffirming that these agreements can be enforceable when clearly written and fairly applied.
The case highlights the importance of transparency, documentation, and consistency when giving an employee one final opportunity to correct performance or attendance issues.
PROVINCIAL NEWS
Ontario
Province Announces $12 Billion in Relief for Ontario Small Businesses
The Government of Ontario has announced nearly $12 billion in relief measures to support more than 80,000 small businesses across the province. The initiative was unveiled in recognition of Small Business Week.
According to the announcement from Nina Tangri, Associate Minister of Small Business, the relief includes the deferral of select taxes and rebates through the WSIB for safe employers. The goal is to help businesses manage current economic challenges while protecting jobs and workers.
Other measures include:
- A $7.5 million investment in the Digitalization Competence Centre to provide coaching, training, and grants for technology adoption and AI readiness.
- A $2 million top-up to Futurpreneur Canada to assist 320 young entrepreneurs with business financing.
- Continued funding for the Starter Company Plus and Summer Company programs, which provide grants of up to $5,000, training, and mentorship for new business owners.
- Plans to introduce additional tools for succession planning and other business support resources in the coming months.
Ontario
Teacher Fired for Halloween Blackface Incident Ordered Reinstated
An Ontario arbitrator has ruled that a Toronto teacher dismissed in 2021 for wearing blackface as part of a Halloween costume should be reinstated with back pay.
The case involved Gorian Surlan, a teacher at Parkdale Collegiate Institute, who attended school wearing black clothing and black makeup as part of what he described as a “zombie” costume. The incident upset students and parents and led the Toronto District School Board (TDSB) to terminate his employment.
In an August 2025 decision, arbitrator Norm Jesin found that while the teacher’s conduct warranted a significant penalty, termination was excessive. Jesin noted that Surlan had no prior disciplinary record, showed remorse, and took steps to educate himself on the history and implications of blackface after the incident.
The arbitrator accepted that Surlan, who immigrated to Canada from Serbia in 1992, did not understand the racial implications of his actions at the time. Jesin ordered that the teacher be reinstated and compensated for lost wages and benefits from October 2023, following the completion of anti-Black racism and blackface education courses recommended by the Ontario College of Teachers (OCT).
At the time of reporting, Surlan’s teaching status with the OCT remained inactive/non-practising, meaning he is not currently eligible to teach in Ontario’s publicly funded schools.
HRC takeaway:
This case underscores the importance of assessing intent, awareness, and proportionality when determining disciplinary action. Employers should ensure staff are provided with clear education on cultural sensitivity, especially around holidays and themed events, and follow a measured and consistent approach to discipline that aligns with precedent and policy.
Ontario
Province Introducing Legislation to Protect Ontario by Building a More Competitive Economy
Reducing red tape, improving permit approvals, and supporting worker mobility
The Ontario government has introduced the Building a More Competitive Economy Act (the Act), a new piece of legislation aimed at cutting red tape and strengthening Ontario’s business climate.
If passed, the Act would streamline regulatory processes, reduce approval times for major projects, and make it easier for businesses and workers to operate across sectors and provincial borders.
Key Highlights of the Proposed Legislation
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Faster approvals for businesses:
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The government plans to review all economic-development-focused permits by 2028, with a goal to eliminate or transform at least 35% of them while maintaining health, safety, and environmental protections.
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Centralized digital permitting system:
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A new digital platform would allow businesses to apply for and track permits in one place, improving transparency and predictability for investors.
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Improved worker mobility across Canada:
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Ontario would expand “as-of-right” recognition for licensed professionals—particularly healthcare workers—allowing them to work in Ontario without additional certification barriers.
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Regulatory updates:
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Planned changes include streamlining forest management and municipal drinking water approval processes, and clarifying ministerial inspection powers to reduce administrative delays.
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Consultation on a Made-in-Ontario vehicle policy:
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The province intends to explore ways to support the local auto sector, including how public-sector and municipal fleet purchases could stimulate economic growth.
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What This Means for Employers
If enacted, these measures could speed up project timelines, reduce compliance costs, and improve access to skilled talent across Canada. The initiative also signals the government’s continued focus on modernizing permitting systems and simplifying regulatory requirements for Ontario’s 500,000+ small and medium-sized businesses.
Ontario
Province Introducing Legislation to Protect Ontario by Building a More Competitive Economy
In a recent Ontario Court of Appeal decision, Titus Steel Company Limited v. Hack (2025 ONCA 693), an employer proved that a former employee had taken over 1,000 confidential business documents. Yet, without evidence of actual harm, the company walked away empty-handed, and on the hook for over $182,000 in legal costs.
Why It Matters for Employers
This case underscores that even when an employer can show clear misconduct, damages must be proven to succeed in court. Simply demonstrating wrongdoing isn’t enough; employers must link it to a quantifiable loss such as lost sales, clients, or reputational damage.
Key Takeaways
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Always maintain clear policies on confidentiality and data handling.
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Conduct prompt internal investigations to document any tangible business impact.
Legal claims should be supported by measurable evidence of loss, not just ethical breaches.
💡HRC Tip:
Our HR Advisory team is ready to provide advice to you when it comes to difficult employee situations. Visit our Hub at https://www.hrcoveredservices.com/ to initiate a chat or submit a ticket and gain an impartial ear.
Ontario
Toronto Employer Fined $111K for Violating Temporary Foreign Worker Program Rules
A Canadian Tire store owner in Etobicoke has been fined $111,000 by Employment and Social Development Canada (ESDC) for violating conditions of the Temporary Foreign Worker (TFW) program. The employer was found to have underpaid workers and assigned them to roles different from their job offers, leading to the company being declared ineligible to hire temporary foreign workers until the fine is paid.
The case highlights the federal government’s focus on protecting vulnerable workers and enforcing compliance under the TFW program. Employers are reminded that foreign workers are entitled to the same employment standards and protections as Canadian citizens and permanent residents.
Alberta
Alberta Government Mandates Full Office Return for Public Servants
The Alberta government has announced that all Alberta Public Service (APS) employees will be required to return to the office full-time starting February 1, 2026, marking the end of its Interim Hybrid Work Policy.
Introduced in March 2022 after the lifting of pandemic restrictions, the policy had allowed eligible APS employees to work remotely up to two days per week. As of August 2025, nearly 12,600 employees, about 44% of the workforce, were participating in hybrid arrangements.
Britsh Columbia
Case Study: When Vocational Rehabilitation Expenses Aren’t “Health Care”
In this B.C. case study, a hospital transfer driver injured in a workplace motor vehicle accident sought to recover WorkSafeBC-funded vocational rehabilitation expenses as part of his damages claim.
The B.C. Court of Appeal ruled that these expenses do not qualify as “health care” under the Workers Compensation Act, and are recoverable only if proven reasonable and necessary.
👉 Read the full story to see how the court drew the line between medical treatment and vocational retraining, and what it means for employers coordinating return-to-work programs.
Saskatewan
Three Employers Slapped with First Charges Under Saskatchewan’s Foreign Worker Protection Law
Three restaurant employers in Moose Jaw, Saskatchewan, have been charged with violating immigration protection laws, marking the first prosecutions under provincial legislation in the province.
The charges, laid under the Foreign Worker Recruitment and Immigration Services Act, allege that the employers at Guac Mexi Grill:
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Charged foreign workers illegal recruitment fees,
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Exploited their trust and fear, and
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Retaliated or threatened reprisals against workers involved in an investigation.
The alleged offences occurred between August 2023 and February 2024. The case will proceed in Moose Jaw Provincial Court on November 25.
Deputy Minister Drew Wilby called the move “the first of its kind in Canada under a provincial statute,” adding that Saskatchewan’s new Immigration Services Act—effective July 2024—brings tougher penalties, including up to $1.25 million in fines and two years’ imprisonment for employers who exploit foreign workers.
Manitoba
Manitoba Employee Sues Over Denied Long-Term Disability for Long COVID
A Manitoba government employee has filed a lawsuit against the province and Canada Life, claiming she was wrongfully denied long-term disability (LTD) benefits after being diagnosed with long COVID and chronic fatigue syndrome.
The plaintiff, a gift shop manager at the Manitoba Legislative Assembly, alleges that her condition has prevented her from performing her regular duties since late 2024. Despite medical documentation supporting her limitations, Canada Life denied her LTD claim, stating she was capable of performing sedentary work.
The lawsuit argues that her position was not sedentary and that the province should have intervened to approve the benefits. It seeks payment of LTD benefits from December 2024 onward, as well as aggravated and punitive damages for financial and emotional distress.
The case highlights the growing number of long COVID-related disability disputes, as insurers and employers face challenges assessing fatigue-based conditions that are difficult to quantify.
New Brunswick
N.B. Shellfish Plant Fined $1M, Banned from Foreign Worker Program
Bolero Shellfish Processing Inc. of Saint-Simon, New Brunswick, has been ordered to pay a record $1 million fine and banned from Canada’s Temporary Foreign Worker (TFW) Program for 10 years following findings of worker mistreatment.
According to Employment and Social Development Canada, the company:
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Violated federal and provincial employment laws,
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Failed to provide promised pay and working conditions, and
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Did not take sufficient steps to prevent abuse or reprisals.
Federal Jobs and Families Minister Patty Hajdu said the penalty shows that “any mistreatment or misuse of the program will not be tolerated.”
While Bolero’s parent company, Sogelco International, plans to challenge the ruling, the case underscores Ottawa’s increased enforcement under the TFW Program.
In the last fiscal year alone, 1,435 inspections were conducted and 10% of employers were found non-compliant, with total fines exceeding $4.9 million.
New Brunswick
Case Study: Fired Without Warning: Court Says Fixed-Term Coach Deserved Progressive Discipline
The New Brunswick Court of King’s Bench found that the University of New Brunswick (UNB) wrongfully dismissed its women’s volleyball head coach after harassment complaints from players and a team therapist.
UNB hired an external investigator who confirmed some instances of aggressive behaviour, including excessive profanity and belittling comments. Although the findings showed misconduct, the Court said the university went too far by firing the coach outright.
Justice Christie ruled that UNB should have used progressive discipline, such as warnings or suspension, before ending the fixed-term contract. The Court noted that the coach had acknowledged his mistakes, shown willingness to improve, and that some complaints were unfounded.
Because the dismissal was unjustified, UNB was ordered to pay the coach the balance of his contract, over $50,000, plus contributions and costs.
Key Takeaway for Employers:
Even when misconduct is proven, dismissal for cause must be proportionate. Unless the behaviour is severe enough to destroy trust, employers should first issue formal warnings and allow the employee a chance to improve—especially in fixed-term contracts, where early termination can be costly.
Minimum Wage in Canada by
Province/Territory
Alberta: $15 per hour, which has been in effect since October 1, 2018. Students under 18 years of age who work less than 28 hours per week earn a minimum wage of $13.00 per hour. Salespersons (including land agents and certain professionals) earn a minimum wage of $598 per week. Domestic employees (living in their employer’s home) earn a minimum wage of $2,848 per month.
British Columbia: $17.85 per hour, which has been in effect since June 1, 2025. For live-in camp leaders, the daily rate for each day or part day worked is $142.61. For live-in home support workers, the current daily rate is $133.05 per day or part day worked. The minimum wage for resident caretakers is a monthly wage based on the number of suites in the building: $1069.36 per month plus $42.84 for each suite for a building with 9 to 60 residential suites / $3642.51 per month for a building with 61 or more residential suites.
Federal Minimum Wage: $17.75 per hour, which has been in effect since April 1, 2025.
Manitoba: $16.00 per hour, which has been in effect since October 1, 2025.
New Brunswick: $15.65 per hour, which has been in effect since April 1, 2025.
Newfoundland and Labrador: $16.00 per hour, which has been in effect since April 1, 2025.
Northwest Territories: $16.95 per hour, which has been in effect since Sep. 1, 2025.
Nova Scotia: $16.50 per hour, which has been in effect since October 1, 2025.
Nunavut: $19.75 per hour, which has been in effect since Sep. 1, 2025.
Ontario:
$17.60, which has been in effect since October 1, 2025. The special minimum wage rates are as follows:
- $16.60 per hour for students under the age of 18 who work 28 hours a week or less when school is in session or work during a school break or summer holidays.
- $19.35 per hour for homeworkers (those who do paid work out of their own homes for employers).
- Hunting, fishing, and wilderness guides earn $88.05 per day when working less than five consecutive hours in a day and $176.15 per day when working five or more hours in a day.
Prince Edward Island: $16.50 per hour, which has been in effect since October 1, 2025.
Quebec: $16.10 per hour, which has been in effect since May 1, 2025.
Saskatchewan: $15.35 per hour, which has been in effect since October 1, 2025.
Yukon: $17.94 per hour, which has been in effect since April 1, 2025.
Plan Ahead with Confidence:
Holiday List 2026
Updated for the New Year: List of Provincial, Territorial, and Federal Statutory Holidays in 2026
With only two months left in the year, we figured it’s the perfect time to get ahead of the game. Before you start frantically Googling next year’s holidays, here’s your ready-to-use list of 2026 statutory holidays — federal, provincial, and territorial — all in one place.











