In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will. American businesses operating in Canada may find that Canadian employees whose employment has been terminated without cause will be entitled to no less than one month per year of service if a judge is left to decide an employee’s severance package. For this reason, employment contracts—and, specifically, the termination clauses in those contracts—are essential to controlling severance costs in Canada.
Several changes in labour and employment law have recently been implemented in several Canadian provinces.
On December 6, 2018, the government of Ontario unveiled Bill 66, Restoring Ontario’s Competitiveness Act, 2018. The bill is designed to reduce the regulatory and financial burden of operating a business in a number of areas, including employment and labour relations. This bill marks yet another proposed adjustment to Ontario’s labour and employment laws, and introduces
In a previous article, we noted the need for the new Ontario government to provide some clarity as to if and when the Pay Transparency Act, 2018 was going to be implemented. The government has now indicated that it will delay the implementation of the Act. Under Ontario’s Bill 57, the Restoring Trust, Transparency and Accountability Act,
Bill 47, the Making Ontario Open for Business Act, 2018, passed its third reading on November 21, 2018, and will now become law in Ontario. Bill 47 repeals several provisions introduced by the previous liberal government under Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Bill 47 contains a number employer-friendly changes that will come into effect