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Newsletter – September 2026

HR Covered Newsletter — September 2026
HR Covered Newsletter | September 2026
⚖️ Legislative Updates — September 2026
September brings three employer actions to the forefront: Manitoba’s new workplace menstrual-products requirement takes effect September 1; recent British Columbia decisions reinforce active accommodation and lawful overtime practices; and employers using the low-wage Temporary Foreign Worker Program should reassess how the workforce cap is calculated for small locations.
🌾 Manitoba 1 UPDATE
Workplace Safety | Menstrual Products | Manitoba

Manitoba’s Free Menstrual Product Requirement Takes Effect September 1

Effective September 1, 2026, amendments to the Workplace Safety and Health Regulation require Manitoba employers to provide menstrual products at no cost to workers. Employers must make at least one type of pad and one type of tampon available in washrooms or another accessible private location, place covered disposal containers near toilets, and replenish supplies as often as needed. The requirement applies even if an employer believes no current worker needs the products.

Employer Takeaway: Add pads, tampons, covered disposal containers, and a restocking check to your facilities process now. Make products easy to access without requiring employees to ask a supervisor or colleague.
Source: Government of Manitoba — FAQs: Providing Menstrual Products in Manitoba Workplaces
🌊 British Columbia 2 UPDATES
Human Rights | Accommodation | British Columbia

B.C. Employer Ordered to Pay More Than $60,000 After Ending Employment During an Accommodation Process

This new HR Covered case study examines Sharma v. Best Buy Canada (No. 2), 2026 BCHRT 173. The Tribunal found that a retailer did not adequately explore reassignment, transfer, demotion, or other reasonable options before terminating an employee with medically supported restrictions during a restructuring. The decision shows why a legitimate operational change does not end the duty to accommodate.

Employer Takeaway: Before ending employment during a restructuring, document the employee’s restrictions and the alternatives considered. The accommodation analysis should be completed before the termination decision is finalized.
Source: Read the Case Study →
Wages | Overtime | British Columbia

Can You Trade Overtime for Goods or Time Off? A B.C. Decision Says Be Careful

This newly created HR Covered blog examines Cranbrook Interior Woodwork Ltd. v. Kempf, 2026 BCCRT 1221, where an employer could not use an informal straight-time overtime arrangement to reduce the premium owed. The article explains why verbal “swaps” of overtime for goods, perks, or time off can create wage liability.

Employer Takeaway: Keep any overtime-banking or time-off arrangement in writing, apply the required overtime value, and make sure payroll records show exactly how the entitlement was calculated.
Source: Read the new Blog →
🍁 Federal 2 UPDATES
Temporary Foreign Workers | LMIA | Federal

Low-Wage TFW Workforce Cap Now Applies by Small Work Location

Employment and Social Development Canada updated the low-wage Temporary Foreign Worker Program cap rules on August 18, 2026. Employers with fewer than 10 employees at an individual work location now calculate the cap using a workforce size of 10 at that location. This may permit one low-wage temporary foreign worker under the 10% cap, or two under the 20% cap for eligible sectors, at each qualifying small work location.

Employer Takeaway: Multi-site employers should review every proposed low-wage Labour Market Impact Assessment location separately. Keep payroll records supporting the work-location headcount and continue to meet all recruitment, wage, housing, transportation, and record-retention requirements.
Source: Government of Canada — Program requirements for low-wage positions
Privacy | Proposed Legislation | Federal

Bill C-36 Watch: Proposed Federal Privacy Reform Employers Should Monitor

Bill C-36 remains proposed and is not in force. If passed, it would enact the Protecting Privacy and Consumer Data Act and amend the Personal Information Protection and Electronic Documents Act. Employers should monitor its potential impact on employee data, AI-assisted decisions, privacy notices, vendors, and cross-border personal-information transfers.

Employer Takeaway: Do not change your program solely because of the bill today. Instead, build strong privacy foundations now: map people data, review HR vendors, use understandable notices, and ensure there is human oversight of material AI-assisted decisions.
Source: Read blog →
💰 Current Minimum Wage Across Canada — September 2026

All general rates are current as of September 1, 2026. Confirmed upcoming changes are noted where published by the Government of Canada.

Province / TerritoryCurrent RateUpcoming Change
Federal$18.15/hrPay the higher rate when the provincial/territorial rate is higher.
Alberta$15.00/hr
British Columbia$18.25/hr
Manitoba$16.00/hr↑ $16.40/hr on Oct. 1, 2026
New Brunswick$15.90/hr
Newfoundland & Labrador$16.35/hr
Northwest Territories$17.20/hrEffective Sept. 1, 2026
Nova Scotia$16.75/hr↑ $17.00/hr on Oct. 1, 2026
Nunavut$20.17/hrEffective Sept. 1, 2026
Ontario$17.60/hr↑ $17.95/hr on Oct. 1, 2026
Prince Edward Island$17.00/hr↑ $17.30/hr on Oct. 1, 2026
Québec$16.60/hr
Saskatchewan$15.35/hr
Yukon$18.51/hr
📰 Trending HR Insights — September 2026
Working parent with child at a home office desk
Accommodation | Family Status | Canada

Supporting Employees with Children During Back to School

With back to school (and Labour Day) right around the corner, this HR Covered article offers a timely guide for employers managing schedule changes, care needs, and short-notice absences. It explains the importance of considering family-status accommodation, reviewing available leave options, planning ahead through cross-training, and using flexible scheduling where workable.

Employer Takeaway: Respond to family-related requests thoughtfully and consistently. Train managers to escalate accommodation requests, consider practical options before saying no, and document both the conversation and the business constraints involved.
Read the Blog →

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This newsletter provides general information and is not legal advice.