Newsletter – September 2024

NEWS OF THE MONTH

Justin Trudeau Announces Reduction in Temporary Foreign Workers

Prime Minister Justin Trudeau announced that the Canadian government will reduce the number of temporary foreign workers (TFWs) in response to rising unemployment among immigrants and young people. This move follows a significant increase in low-wage TFWs due to relaxed restrictions during the post-COVID labour shortage.

Key changes include limiting low-wage TFWs to one-year contracts, capping their employment at 10% of a company’s workforce, and restricting their hiring in areas with unemployment rates over 6%, except in essential sectors like agriculture and healthcare.

The government is also reviewing broader immigration policies, with potential adjustments to permanent resident numbers this fall. The changes aim to alleviate housing market pressures and address concerns over high newcomer unemployment rates.

Source

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We’re thrilled to announce an exciting new improvement designed to make your HR Covered experience even better! The HR Hub, now with a fresh new look, offers a more comprehensive and user-friendly experience. Here’s what’s new:

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Employee Training Portal: Quick access to your Administrative Training Portal to assign and report on your organization’s training.
Easy Access: Enjoy a more streamlined layout with easy navigation to various folders and documents.
Refreshed Look and Feel: We’ve given the HR Hub a fresh makeover for a more intuitive experience.
100+ New HR Documents: We have updated the HR Hub with over 100 new HR documents to support your needs.

PROVINCIAL NEWS

ONTARIO

Ontario Bans Drug Consumption Sites Near Schools, Child-Care Centres

Ontario has announced a ban on supervised drug consumption sites within 200 meters of schools and child-care centers, forcing 10 facilities across the province to cease operations by March 2025. These sites will have the option to transition into new “HART Hubs,” which focus on addiction recovery and support services but do not offer supervised drug use or needle exchange programs. The decision, part of a $378 million investment in these hubs, has sparked criticism from health experts and opposition parties, who argue that closing the sites will lead to more overdose deaths and reduced public health support.

Source

Ontario Reaches Tentative Agreement with Principals and Vice-Principals

The Ontario government has reached a tentative four-year agreement with associations representing school boards, principals, and vice-principals on employment terms and conditions for publicly funded schools. The agreement, covering 2023 to 2027, involves the Ontario Principals’ Council, Catholic Principals’ Council of Ontario, Association des directions et directions adjointes des écoles franco-ontariennes, and four school board associations. Approval processes for the settlement are underway.

Source

Damages Awarded in Probationary Employment Termination Case in Alberta

The Alberta Court of Justice recently awarded $2,500 in damages to a woman in a case involving her termination during a probationary employment period with a not-for-profit organization. The court had to determine whether her employment was probationary or under a fixed-term contract.

The plaintiff worked in a part-time customer service role from April to June 2023, earning $20 per hour.

ALBERTA

After proposing a new role for herself as Director of Development of Programming during a board meeting, she was initially offered a higher wage and later a fixed salary of $5,000 per month for two months. However, she was terminated during an emergency board meeting just a week into her new role.

The court ruled that her employment was indeed probationary and that the employer breached the probationary employment agreement by not providing her a reasonable opportunity to demonstrate her suitability for the role. While the court awarded her damages equivalent to two weeks’ salary, it did not find that the employer acted in bad faith or caused her reputational harm.

Source

Alberta Introduces Special Measures for Temporary Workers Affected by Wildfires

The Alberta government has introduced special measures to support temporary foreign workers impacted by the wildfires. Under a new temporary measure, the Alberta Advantage Immigration Program (AAIP) will now accept work permits issued by Immigration, Refugees and Citizenship Canada (IRCC) in the Alberta Opportunity and Tourism and Hospitality Streams.

This initiative aims to assist workers transitioning from employer-specific work permits to open work permits due to their inability to work for their current employers because of the wildfires. The special measure covers work permits issued between July 19, 2024, and November 30, 2024. These open work permits will be accepted at any stage of the AAIP process within the specified streams.

Additionally, the Alberta government has stated that applications based on job offers or residence in evacuated Alberta communities will be held for up to one year from the evacuation date. Workers affected by the wildfires will have this period to meet AAIP criteria, including finding new employment in eligible occupations if they are unemployed due to the disaster’s impact on businesses.

In response to the wildfires, IRCC has also implemented temporary special measures, allowing affected individuals to replace lost or damaged documents, extend or restore their temporary resident status, and transition from employer-specific work permits to open work permits.

Source

BRITISH COLUMBIA

Labour Relations Board Rules in Favor of Ex-B.C. Bus Driver Over COVID-19 Vaccine Dispute

The B.C. Labour Relations Board has ruled against a local union for mishandling a grievance filed by Glenda Roselle, a Kamloops transit driver, who was suspended in 2021 for refusing to comply with a COVID-19 vaccination policy. Roselle’s grievance, claiming unjust removal from her position and a breach of the collective agreement and BC Human Rights Code, was withdrawn by the union in 2023 without clear communication to her. The board found this to be a “communication failure” that negatively impacted Roselle’s legal rights and ordered the union to provide her with an opportunity to appeal the decision.

Source

B.C. Employer Sues City Over Allegations of Worker Mistreatment

The SAN Group, a British Columbia forestry products company, is suing the City of Port Alberni for defamation. The lawsuit stems from comments made by the city’s mayor and chief administrative officer, who criticized SAN Group’s treatment of temporary foreign workers. Mayor Sharie Minions described the conditions as “disgusting” and said the community would not tolerate such mistreatment.

SAN Group claims these statements are false and have harmed the company’s reputation and business operations. The company disputes allegations that workers were housed in substandard conditions, asserting that accommodations provided were adequate and not required by contract. The federal government has recently tightened regulations on the Temporary Foreign Worker Program, adding scrutiny to such claims. The City of Port Alberni has yet to respond to the lawsuit.

Source

SASKATCHEWAN

Town of Kindersley Fined $175,000 for Worker Fatality

On August 13, 2024, the Town of Kindersley was fined $175,000 by the Kindersley Provincial Court after pleading guilty to a violation of The Occupational Health and Safety Regulations, 2020. The charge was related to the town’s failure to take necessary steps to prevent worker exposure to hazardous substances, which led to a fatal incident.

The fine consists of a $125,000 penalty plus a $50,000 surcharge. The charges arose from a worksite accident on August 30, 2022, where a worker was fatally injured while entering a sewer manhole. Four additional charges were withdrawn.

Source

Northwest Territories Minimum Wage Increased

As of September 1, 2024, the minimum wage in the Northwest Territories has increased to $16.70 per hour, up from the previous rate of $16.05. This adjustment follows the new formula that considers the Consumer Price Index (CPI) and the average hourly wage for 2023.

Earlier this year, the minimum wage in federally regulated sectors was also raised to $17.30 per hour, effective April 1, 2024.

NORTHWEST TERRITORIES

MINIMUM WAGE IN CANADA
BY PROVINCE/TERRITORY (2024)

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:$16.75 per hour, which has been in effect since June 1, 2023. The wage will increase to $17.40 per hour as of June 1, 2024. For live-in camp leaders, the daily rate for each day or part day worked is $133.69. For live-in home support workers, the current daily rate is $124.73 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: $1002.53 per month plus $40.17 for each suite for a building with 9 to 60 residential suites / $3414.85 per month for a building with 61 or more residential suites.Gig workers using app-based services will earn a minimum wage of $20.88 per hour starting September 3, 2024.

Federal Minimum Wage: $17.30 per hour, which has been in effect since April 1, 2024.

Manitoba: $15.30 per hour, which has been in effect since Oct. 1, 2023. The wage will increase to $15.80 on October 1.

New Brunswick: $15.30 per hour, which has been in effect since April 1, 2024.

Newfoundland and Labrador: $15.30 per hour, in effect as of April 1, 2024.

Northwest Territories: $16.70 per hour, which has been in effect since Sep. 1, 2024.

Nova Scotia: $15.20 per hour, in effect as of April 1, 2024.

Nunavut: $19 per hour, which has been in effect since January 1, 2024.

Ontario: $16.55, which has been in effect since October 1, 2023. The wage will increase to $17.20 an hour on October 1, 2024. The special minimum wage rates are as follows:

$15.60 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.
$18.20 per hour for homeworkers (those who do paid work out of their own homes for employers).
Hunting, fishing, and wilderness guides earn $82.85 per day when working less than five consecutive hours in a day and $165.75 per day when working five or more hours in a day.

Prince Edward Island: $15.40 per hour, which has been in effect since April 1, 2024. The wage will increase to $16 per hour on October 1, 2024.

Quebec: $15.25 per hour, which has been in effect since May 1, 2023.

Saskatchewan: $14 per hour, which has been in effect since Oct. 1, 2023. The wage will increase to $15 per hour as of Oct. 1, 2024.

Yukon: $17.59 per hour, which has been in effect since April 1, 2024.

PROVINCIAL. TERRITORIAL & FEDERAL STATUTORY HOLIDAYS 2024

Still searching the internet for this year’s statutory holiday list? No need to look any further! We’ve got you covered with a comprehensive list for both federally and provincially regulated employers, ensuring you stay informed throughout the year.

View Holiday List

BLOG

Understanding the Importance of WHMIS: A Guide for Employers

As an employer, ensuring the safety and well-being of your employees is a top priority. One of the most critical aspects of workplace safety is managing the risks associated with hazardous materials. In Canada, the Workplace Hazardous Materials Information System (WHMIS) plays a key role in protecting workers from the dangers of chemicals and hazardous products. This article will guide you through the need for WHMIS laws, their application, and your responsibilities as an employer.

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