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Federally Regulated Employers: Understanding what laws govern your workplace.

Approximately 90% of workplaces in Ontario are governed by the employment laws enacted by the Ontario government. However, some Canadians do not fall under that provincial jurisdiction, but instead are considered “federally regulated”. Federally regulated workplaces are governed by legislation enacted by the Government of Canada instead of the Province of Ontario.

Most Ontario employment law articles or publications focus on the law and issues applicable to the majority. However, if you are a federally regulation employee or employer, it is important to understand how these federal employment laws differ from the Ontario employment law.

What is a Federally Regulated Employer or Workplace?

The answer to this questions goes back to confederation. So you don’t fall asleep, I will keep it very brief. When Canada was formed, the provinces and the federal government divided up power and responsibilities into discrete buckets. Those areas which were assigned to the federal government, to this day, are the industries that are governed by the Government of Canada and it’s laws.

The industry sectors that are federally regulated, include:

  • Banks
  • Marine shipping, ferry and port services
  • Air transportation, including airports, aerodromes and airlines
  • Railway and road transportation that involves crossing provincial or international borders
  • Canals, pipelines, tunnels and bridges (crossing provincial borders)
  • Telephone, telegraph and cable systems
  • Radio and television broadcasting
  • Grain elevators, feed and seed mills
  • Uranium mining and processing
  • Businesses dealing with the protection of fisheries as a natural resource
  • Many First Nation activities
  • Most federal crown corporations, and
  • Private businesses necessary to the operation of a federal act

Is my Workplace Federally Regulated?

The Canadian Government keeps records of all Federally regulated corporations with 100 or more employees across Canada a copy of the most recently published list from 2017 can be searched through here:

List of Federally Regulated Employers

1456998 Alberta Ltd.

1507953 Ontario Inc. (Inactive)

1791949 Ontario

2635-8762 Québec Inc.

2701545 Canada Inc.

3903214 Canada Inc.

4Tracks Ltd.

591182 Ontario Ltd.

6240143 Canada Inc.

6422217 Canada Inc.

9007-6720 Québec Inc.

9064-4287 Québec Inc.

9736140 Canada Inc.

A. Beaumont Transport Inc.

A.J. Bus Lines Ltd.

Acadia Broadcasting Limited

Access Communications Co-operative Limited

Accessible Media Inc.

ADM Agri-Industries Ltd.

Administration portuaire de Montréal

Aéroport de Québec Inc.

Aéroports de Montréal

Aevitas Inc.

Agri-Marché Inc.

Agrifoods International Cooperative Ltd.

Agris Co-operative Ltd.

Air Canada

Air Canada Rouge LP

Air Creebec Inc.

Air Georgian Limited

Air Inuit Ltd/Ltée

Air North Charter & Training Ltd.

Air Tindi Ltd

Air Transat inc.

Airbus Helicopters Canada Limited

Airport Terminal Services Canadian Co.

AirSprint Inc.

Algoma Central Corporation

ALL Communications Network

All-Can Express Ltd.

Alliance Pipeline Ltd.

Alliance Pulse Processors Inc.

Alpine Aerotech LP

Alpine Helicopters Inc.

American Airlines, Inc.

Amex Bank of Canada

Andy Transport Inc. (90 employees in 2018)

Apex Motor Express Inc.

APPS Cargo Terminals Inc.

Archipelago Marine Research Ltd.

Ardent Mills

Armour Transport Inc.

Arnold Bros. Transport Ltd.

Association des employeurs maritimes

ATCO Structures & Logistics

ATI Telecom International Co.

Atlantic Towing Limited

ATS Andlauer Transportation Services LP.

ATS Services Ltd.

Autobus Campeau Inc.

Autobus Idéal Inc.

Aveda Transportation and Energy Services Inc.

Avex Flight Support Inc.

Avmax Aviation Services Inc.

AYR Motor Express Inc.

B&R Eckel’s Transport Ltd.

Bandstra Transportation Systems Ltd

Bank of America National Association, Canada Branch

Bank of Canada

Bank of Montreal

Banque Laurentienne du Canada

Banque Nationale du Canada

Bay Ferries Limited

Bearskin Lake Air Service LP.

Bell Canada

Bell Solutions Techniques Inc.

Bessette & Boudreau Inc.

Big Freight Systems Inc.

Bison Transport Inc.

Blackburn Radio Inc.

Blue Ant Media Inc.

BNP Paribas

Bradley Air Services Limited

Bragg Communications Inc.

Brasseur Transport Inc.

Brett-Young Seeds Limited

Brian Kurtz Trucking Ltd.

Bridgewater Bank

Brink’s Canada Limited

British Columbia Maritime Employers Association

Bruce Power LP

Bruce R. Smith Limited (Inactive)

Business Development Bank of Canada

BWXT Nuclear Energy Canada Inc. / BWXT ITG Canada, Inc.

C.A.T. Inc.

Calm Air International LP

Cam-Scott Transport Ltd.

Cameco Corporation

Can-Am West Carriers Inc.

Canada Cartage System Limited Partnership

Canada Council for the Arts

Canada Deposit Insurance Corporation / La Société d’assurance-dépôts du Canada

Canada Malting Company Ltd.

Canada Mortgage and Housing Corporation

Canada Pension Plan Investment Board

Canada Post Corporation

Canadian Air Transport Security Authority

Canadian Broadcasting Corporation / Société Radio-Canada

Canadian Commercial Corporation

Canadian Imperial Bank of Commerce

Canadian Light Source Inc.

Canadian Museum for Human Rights

Canadian Museum of History

Canadian Museum of Nature

Canadian National Railway Company

Canadian North Inc.

Canadian Nuclear Laboratories

Canadian Pacific Railway Limited

Canadian Payments Association

Canadian Press Enterprises Inc.

Canadian Tire Bank

Canadian Western Bank

Cancrew Enterprises Ltd.

Candu Energy Inc.

Canpar Express Inc.

Capital One Bank (Canada Branch)

Cardinal Couriers Ltd.

Cargair Ltd.

Cargill Limited

Cargo Airport Services Canada Inc.

CargoJet Airways Ltd.

Caron Transportation Systems Partnership

Cascade Aerospace Inc.

Cascade Energy Services LP

Cassens Transport ULC

Cassidy’s Transfer & Storage Limited

Cathay Pacific Airways Limited

Cavalier Transportation Services Inc.

Central Mountain Air Ltd.

CEVA Freight Canada Corp.

CEVA Logistics Canada, ULC

Challenger Motor Freight Inc.

Chartright Air Inc.

CHC Helicopter Group of Companies

Chemin de fer QNS&L

Citibank Canada

City of Ottawa

Clean Harbors Canada Inc.

Coastal Pacific Xpress Inc.

Cogeco Connexion Inc.

Cogeco Média Acquisitions Inc.

Colispro Inc.

Comwave Networks Inc.

Conair Group, Inc.

Concentra Bank

Connors Transfer Limited.

Consolidated Fastfrate Inc.

Contrans Flatbed Group LP

Contrans Services LP

Contrans Tank Group LP

Cooney Group Inc.

Corporation des Pilotes du Saint-Laurent Central inc.

Corporation du Fort St-Jean

Corus Entertainment Inc.

Cougar Helicopters Inc.

CWS Logistics Ltd.

D&W Forwarders Inc.

D.C.T. Chambers Trucking Ltd.

Day & Ross Inc.

Defence Construction (1951) Ltd.

Delta Air Lines, Inc.

Denny Bus Lines Ltd.

Desgagnés Marine Cargo Inc.

DHL Express (Canada), Ltd.

Dicom Transportation Group

Direct Limited Partnership

Distributel Communications Limited

Doug Coleman Trucking Ltd.

DP World (Canada) Inc

Dufferin Communications Inc.

Earl Paddock Transportation Inc

Eassons Transport Ltd.

ECL Carriers LP

Edmonton Regional Airports Authority

Elgin Motor Freight Inc.

Enbridge Employee Services Canada Inc.

ENTREC Corporation

Envoy Air Inc.

Equitable Bank

Erb Enterprises Inc.

Execaire, a division of I.M.P. Group

Execulink Telecom Inc.

Executive Flight Centre Fuel Services Ltd.

Expertech Network Installation Inc./Expertech Bâtisseur de reseaux Inc

Export Development Canada

F. Ménard Inc.

Fairchild Radio Group Ltd.

Fairchild Television Ltd.

Farm Credit Canada

Federal Express Canada Corporation

Fedex Freight Canada Corp.

FedEx Ground Package System, Ltd.

Fednav Limited

Ferus Inc.

Fibernetics Corporation

Field Aviation Company Inc.

First Canada ULC

First Team Transport Inc.

Floradale Feed Mill Limited

Flying Colours Corp

Formula Powell L.P.

Freshwater Fish Marketing Corporation

Fugro Canada Corporation (INACTIVE)

G. Zavitz Limited

G3 Canada Limited

Gardewine Group Limited Partnership

GCT Canada Limited Partnership

Gestion TForce Inc.

Gilbert M. Rioux et Fils Ltée.

Glen Tay Transportation (Inactive)

Golden West Broadcasting Ltd.

Grace Transport Inc.

Grain Millers Canada Corp.

Great Canadian Railtour Company Ltd.

Great Slave Helicopters Ltd.

Greater Toronto Airports Authority

Greyhound Canada Transportation ULC.

Grimshaw Trucking L.P.

Groupe Galland

Groupe Guilbault Ltée

Groupe Robert

Groupe Transport Morneau inc.

Groupe TVA Inc.

Groupe TYT Inc.

Groupe V Média

H & R Transport Limited

Halifax Employers Association

Halifax International Airport Authority

Hallcon Crew Transport Inc.

Hammond Transportation Ltd.

Hapag-Lloyd (Canada) Inc

Harvard Broadcasting Inc.

Hélicoptères Canadiens Limitée/Canadian Helicopters Limited

Helijet International Inc.

Henri Sicotte inc

Hensall District Co-operative Inc.

Highland Moving and Storage Ltd.

HomeEquity Bank

HSBC Bank Canada

Hudbay Minerals Inc.

Hudson Bay Railway Company

Hughson Trucking Inc. (Inactive)

Hutton Transport Limited

Hyndman Transport Limited

ICICI Bank Canada

ILTA Grain Inc.

IMP Group Limited – Aerospace Division

Industrial and Commercial Bank of China (Canada)

Information Communication Services

Inmarsat Solutions (Canada) Inc.

Innotech Aviation, a division of IMP Group Limited

Instech Télécommunication Inc.

Intek Communications Inc.

International Air Transport Association

International Development Research Centre

International Truckload Services Inc

Iron Range Bus Lines Inc.

Island Tug and Barge Ltd.

J & R Hall Transport Inc.

J & T. Murphy Limited

Jade Transport Ltd.

Jay’s Transportation Group Ltd.

Jazz Aviation L.P.

Jervis B. Webb Company of Canada, Ltd.

Jet Transport Ltd.

Jim Pattison Industries Ltd.

Jones Feed Mills Limited

JPMorgan Chase Bank, N.A.

KEB Hana Bank Canada

Keewatin Air LP

Keith Hall & Sons Transport Limited

Kelowna Flightcraft Group of Companies

Keltic Transportation Incorporated

Kenn Borek Air Ltd.

Kindersley Transport Ltd.

Kleysen Group Ltd.

Kriska Holdings Limited

Kunkel Bus Lines Ltd.

L. Bilodeau et Fils ltée

L. Hansen’s Forwarding Ltd.

L. Simard Transport Ltée

L3 Technologies MAS inc

Laidlaw Carriers Bulk LP

Laidlaw Carriers Van LP

Lakehead Freightways Inc.

Le Groupe de Sécurité Garda Inc

Le Groupe Océan Inc.

Ledcor Industries Inc.

Les Distributions Carl Beaulac Inc.

Les Investissements Nolinor Inc.

Les Services JAG Inc.

Linamar Transportation Inc.

Link-on Communications Inc.

Lockheed Martin Commercial Engine Solutions

Logistec Arrimage Inc.

Lomak Bulk Carriers Corp. (Inactive)

Louis Dreyfus Company Canada ULC.

Lower Lakes Towing Ltd.

Mackie Moving Systems Corporation

Maersk Supply Service Canada Ltd.

Mantei’s Transport Ltd.

Manulife Bank of Canada

Marine Atlantic Inc.

Maritime Broadcasting System Limited

Masterfeeds Inc.

McClay Group Ltd.

McKeil Marine Limited

McKevitt Trucking Limited

Mediterranean Shipping Company (Canada) Inc.

Menzies Aviation (Canada) Ltd.

Midland Transport Limited

Minimax Express Transportation Inc.

Moe’s Transport Trucking Inc.

Montship Inc.

Morningstar Air Express Inc.

MTU Maintenance Canada Ltd.

MUFG Bank, Ltd., Canada Branch

Mullen Oilfield Services L.P.

Mullen Trucking Corp.

Multiboard Communications Inc.

My Broadcasting Corporation

National Arts Centre Corporation

National Capital Commission

National Gallery of Canada

National Museum of Science and Technology / Musée national des sciences et de la technologie

NAV CANADA

New Hope Transport Ltd.

New United Goderich Inc.

New-Life Mills, a Division of Parrish & Heimbecker, Limited

Nordion (Canada) Inc.

Normandin Transit Inc.

North Cariboo Flying Services Ltd.

Northern Communications Services Inc.

Northumberland Ferries Limited

Northwestel Inc.

Nuclear Waste Management Organization

Oceanex Inc.

Oculus Transport Ltd.

Office d’investissement des régimes de pensions du secteur public

Offshore Recruiting Services Inc.

Ontario Potato Dist. (Alliston) Inc. 1991

Ontario Power Generation

OpsMobil

ORANO Canada Inc.

Ornge Global Air Inc.

Ottawa Macdonald-Cartier International Airport Authority

P&H Milling Group, a division of Parrish & Heimbecker, Ltd.

Pacific Coastal Airlines Ltd.

Pacific Western Transportation Ltd.

Papineau Int. S.E.C. (Transport Papineau International)

Parrish & Heimbecker, Limited

Paterson GlobalFoods Inc.

Paul’s Hauling Ltd.

Pe Ben Oilfield Services L.P.

Pelmorex Corp.

Pembina Pipeline Corporation

Penske Logistics LLC

Perimeter Aviation LP

Pioneer Hi-Bred Production Company

Plains Midstream Canada

Pole Star Transport Incorporated

Polymer Distribution Inc.

Portage Transport Inc.

Porter Airlines Inc.

Premier Aviation Quebec inc.

Presidents Choice Bank

Primus Management ULC.

Prince Rupert Grain Ltd.

Provincial Aerospace Ltd.

Purolator Inc.

Q-Line Trucking

Quik X Transportation Inc.

Radio-Onde Inc.

Rawlco Radio Ltd.

Raytheon Canada Limited (The North Warning System)

Remorquage St-Michel Inc.

Richardson International Limited

Ridley Terminals Inc.

Rigel Shipping Canada Inc.

Rio Tinto Alcan, Installations Portuaires

RNC MEDIA INC.

Rockwater Energy Solutions

Rogers Communications Inc.

Rogers Foods Ltd.

Rosedale Transport Limited

Rosenau Transport Ltd.

Roxborough Bus Lines Limited

Royal Bank of Canada

RSB Logistic Inc. (Inactive)

Ryder Truck Rental Canada Ltd.

S.G.T. 2000 Inc.

Safeco Driver Services Inc.

Sander Geophysics Limited

Sanimax EEI Inc.

Scamp Transport Ltd.

Schneider National Carriers Canada

Scoular Canada Ltd.

Seaboard Liquid Carriers Limited

Seaspan ULC

Secunda Canada LP

Securiguard Services Ltd.

Securitas Transport Aviation Security Ltd.

Sentrex Communications Co.

Serco Canada Inc.

Service Trans-West inc.

Shaw Communications Inc.

Sheffield Moving & Storage Inc

Sirius XM Canada Inc.

SITA Information Networking Computing Canada Inc.

Sky Regional Airlines

Skyservice Aviation Inc. and Sky Service F.B.O Inc.

Snowbird Aviation Services Limited Partnership

Société de transport de l’Outaouais

Société du Vieux-Port de Montréal inc.

Sogetel inc.

Spearing Service L.P.

Speedy Transport Group Inc.

Standard Aero Limited

Standard Aero Ltd.

State Street Bank & Trust Company – Canada Branch

Stericycle ULC.

Steve’s Livestock Transportation (Blumenort) Ltd

Stingray Radio Inc.

Strategic Aviation Services Ltd.

Sunbury Transport Limited

Sunwest Aviation Ltd.

Sunwing Airlines Inc.

Sutco Contracting Ltd.

Swissport Canada Inc.

Symcor Inc.

Systèmes Danfreight inc.

Systemex Communications (S.C.) Inc.

T&T Trucking Ltd.

Tangerine Bank

Tata Communications (Canada) Ltd

Tbaytel

Teekay Shipping (Canada) Ltd.

TekSavvy Solutions Inc.

Téléfilm Canada

Telesat Canada

TELUS Communications Company

Tenold Transportation Ltd

TeraGo Networks Inc.

TFI Transport 5 LP

TFI Transport 7 LP

TForce Final Mile Canada Inc.

The Bank of Nova Scotia

The Calgary Airport Authority

The CSL Group Inc.

The Jacques Cartier and Champlain Bridges Incorporated

The Royal Canadian Mint

The St. Lawrence Seaway Management Corporation

The Toronto Terminals Railway Company Limited

The Toronto-Dominion Bank

The Trimac Group of Companies

Thompsons Limited

Thompsons Moving Group Limited

Three Star Trucking Ltd.

Thunder Airlines Limited

Tier2 Technologist LTD

Titanium Transportation Group Inc.

Top Aces Inc.

Toronto Port Authority

Total Oilfield Rentals Ltd

Trailwood Transport Ltd.

Trans Mountain Canada Inc.

Trans-Frt. McNamara Inc.

TransCanada Pipelines Limited

Transit Windsor

Transport A. Laberge & Fils Inc.

Transport Bellemare International

Transport Bernières inc. (Groupe Bernières)

Transport Bourret inc.

Transport Couture

Transport Gilmyr inc

Transport Grayson Inc.

Transport Guilbault Inc.

Transport Guy Bourassa Inc.

Transport Hervé Lemieux (1975) Inc.

Transport Inter-Nord Inc.

Transport Jacques Auger Inc.

Transport Jocelyn Bourdeau Inc.

Transport Lyon Inc.

Transport Sylvester & Forget Inc.

Transport TFI 1, SEC

Transport TFI 15 S.E.C. (Transport Grégoire)

Transport TFI 16 SEC

Transport TFI 19 SEC (Durocher International)

Transport TFI 22, S.E.C.

Transport TFI 23, S.E.C./TFI

Transport TFI 4 SEC

Transport TFI 6 S.E.C. (Transport Besner)

Transport Transbo Inc.

Transwest Air Limited Partnership by its General Partner Transwest Management Ltd.

TransX Ltd.

Trappers Transport Ltd.

Travelers Transportation Services Inc.

Trentway-Wagar Inc.

Tri-Line Carriers LP

TRJ Telecom Inc.

Trouw Nutrition Canada Inc.

Troyer Ventures Ltd.

TST Solutions L.P.

Universal Coach Line Ltd.

UPS Canada

V.A. Inc.

V.T.L. Express Inc.

Van-Kam Freightways Ltd.

Vancouver Airport Authority

Vancouver Fraser Port Authority

Vector Aerospace Engine Services – Atlantic

Vedder Transport Ltd.

Verreault Navigation inc.

Verspeeten Cartage Ltd.

VIA Rail Canada Inc.

Vianet Inc.

Vidéotron ltée

Vista Radio Ltd.

Viterra Inc.

Voyageur Aviation Corp.

Wallenstein Feed & Supply Ltd.

Warren Gibson Limited

Wasaya Airways Limited Partnership

Wells Fargo Bank N.A., Canadian Branch

West Wind Aviation LP

Westcan Bulk Transport Ltd.

Westcoast Energy Inc.

Western Logistics Inc.

Western Stevedoring Company Limited

WestJet, an Alberta Partnership

Westman Media Cooperative Ltd.

Westower Communications Ltd.

Westshore Terminals Limited Partnership

Wills Transfer Limited

Wilson’s Transportation Ltd.

Windsor Disposal Services Ltd.

Winnipeg Airports Authority Inc.

WireComm Systems (2008), Inc.

Withers L.P.

XPO logistics Freight Canada, Inc.

XTL Transport Inc

Yellowhead Helicopters Ltd.

YRC Freight Canada Company

Zayo Canada Inc.

Zim Integrated Shipping Services (Canada) Co. Ltd.

What are the differences between Federally Regulated and Provincially Regulated workplaces?

The difference between federally regulated and provincially regulated workplaces comes down to the difference in the written laws (statutes) that govern. While most Ontario workplaces are governed by the Employment Standards Act, the Ontario Human Rights Code, and the Occupational Health and Safety Act, federally regulated workplaces are governed by the Canada Labour Code and the Canadian Human Rights Act.

Employment Standards Act vs the Canada Labour Code

While both the federal and provincial governments have established minimum employment standards to protect employees, the differences between the Employment Standards Act and the Canada Labour Code are significant, especially in the area of termination and wrongful dismissal.

In Ontario, under the Employment Standards Act, employers can fire employees at any time for any non-discriminatory reason. However, under the Canada Labour Code, employees in non-management positions cannot be terminated without just cause. In Wilson v Atomic Energy Canada, the  Supreme Court of Canada confirmed that a federally regulated employer cannot simply dismiss an employee on a “without cause” basis and provide severance arrangements.

In other words, most federally regulated employees cannot be fired unless they are guilty of serious misconduct (i.e. just cause) or if their position is legitimately no longer required (i.e. after the closure of a business). Unlike most Ontario employees, employees regulated by the Canada Labour Code have a right to keep their job.

As I discussed in more detail in my article on Termination of the Employment Relationship: “Termination for cause has been described by the Ontario courts as the “capital punishment” of the employment relationship. It is typically very difficult for an employer to prove willfull misconduct or cause.” Accordingly, federally regulated employees have much greater job protection than the majority of Ontario workers.

Human Rights

In terms of Human Rights law the difference between federal and provincial employers is minimal. All employers are entitled to work free from discrimination.


Contact Justin W. Anisman

Contact Justin W. Anisman, the author of this blog, about any employment law related questions or issues you may be facing. Call 416-304-7005 or email him at janisman@btlegal.ca.

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.

What Employees Need to Know About COVID-19

The World Health Organization officially declared the spread of COVID-19 to be a worldwide pandemic on March 11, 2020.  The impacts of this spread are already being felt by Canadians, and they are sure to get worse before they get better. Workers should be aware of their rights and obligations in the coming months. This short primer provides an overview of some of those rights and obligations. Every employee’s situation is different and these suggestions are not provided as or a substitute for legal advice.

All Ontarians should stay informed: Government of Canada’s Response to COVID-19

I’m infected but I can’t afford not to work. What should I do?

While anyone who is infected or thinks they are infected should immediately quarantine themselves to prevent the spread of the disease, the harsh reality is that many people cannot afford to take even one day off from work if they are going to make ends meet. Employees in this position have several options open to them:

  • Figure out if you are entitled to leave under the Employment Standards Act (“ESA”). Many workers in Ontario are entitled to a variety of statutory leaves, including family medical leave, family caregiver leave, critical illness leave, sick leave, and family responsibility leave. Each leave is only available if the worker is provincially regulated and if they meet specific eligibility criteria set out in the ESA. Moreover, while various leaves might be available to the same person, statutory leaves are not necessarily paid and can sometimes offset employer-provided benefits. Workers should also keep in mind that employers may be able to request evidence to substantiate their eligibility for certain leaves.
  • Review your contract of employment and/or your employer’s policies for entitlements to sick leave or other leaves of absence. While many statutory leaves do not require employers to pay employees, some employers offer benefits beyond those guaranteed in the ESA. Many employers are also implementing special policies to address COVID-19, which may provide for enhanced benefits. Employees should check with their employers to see if they are being offered additional sick leave entitlements or alternative work arrangements, such as more generous policies on the ability to work from home. Again, keep in mind that these benefits may offset against ESA benefits and employers could likely ask for evidence to substantiate eligibility for certain entitlements.
  • Consider applying for employment insurance. Workers who are unable to work due to infection by COVID-19 may also be eligible for security benefits from various government programs. For example, on March 11, 2020, the federal government announced that it is waiving the one-week waiting period for Employment Insurance for employees quarantined, or directed to quarantine themselves, because of COVID-19. Some employees in Ontario might also be eligible for workers’ compensation through the Workplace Safety and Insurance Board, depending on the risks associated with their work and how they became infected, among other things.

If you need more information about Employment Insurance (EI) you can read the earlier article on “the Basics of Employment Insurance (EI)“.

Can my employer make me stay home if they think I have COVID-19?

Probably not, but this depends on why they think you’re infected and on the nature of your workplace. Employees in Ontario are protected by human rights legislation, such as the Ontario Human Rights Code (“Code”). Among other things, the Code prohibits discrimination in employment on the basis of disability, ethnic origin, place of origin, race, and family status. Diseases, such as COVID-19, engage the protected ground of disability because it covers medical conditions that carry significant social stigma. This protection also extends to a perceived disability or medical condition, meaning it may still be a violation of the Code if an employer discriminates against a worker they think is infected even if the worker is perfectly healthy. The Code may also be breached where employers discriminate against individuals or communities because of an association, perceived or otherwise, with COVID-19, for example because the individual is originally from or has travelled through regions that are believed to be suffering more greatly from the spread of the disease.

Someone in my family is infected and I need to care for them or others now that they are quarantined. Do I get time off from work to do so?

Maybe. As noted above, employees in Ontario are entitled to a range of statutory leaves, including family medical leave, family caregiver leave, critical illness leave, and family responsibility leave. These may be accessible to workers needing time off to take up family responsibilities during the COVID-19 pandemic. In addition, in certain circumstances, denying a person time off to care for family members may amount to a breach of the Code on the basis of family status. Note, though, that not every caregiver situation will fall into that category. While employers are expected to make reasonable efforts to accommodate legitimate family responsibilities, employees are equally expected to cooperate with that accommodation process and, if possible, to make alternative arrangements to avoid absenteeism.

Do I have to tell my employer that I’m infected with COVID-19 or that I think I’m infected? Can my employer ask me if I’ve been tested? Can they ask me for my results?

If you are infected or think you are infected, then every effort should be made to stay quarantined and seek appropriate medical care. But equally important to getting yourself healthy is avoiding the spread of the disease to others. Disclosing your condition to access the benefits and protections discussed above is a key way to go about doing this. Moreover, keep in mind that most employers will welcome knowing that their staff are infected to ensure proper accommodation and workplace safety. Further, as noted above, sanctions against employees for disclosing their infection would very likely amount to a breach of the Code.

That being said, there is no general duty requiring employees to disclose their illnesses to their employers, and employers cannot generally inquire about that sort of information. Employees do have obligations when it comes to their own accommodation in the workplace, however, and employers will probably have policies in place providing for a highly confidential disclosure process to facilitate accommodation pursuant to employer obligations under the Code.

At the same time, employees should note that employers do have statutory obligations to ensure workplace safety. The ongoing spread of COVID-19, along with increasing infection rates and associated health risks, may eventually necessitate a more proactive approach by employers. This may include, among other things, inquiries about whether employees are infected. Of course, any steps taken by an employer in this respect, along with any answers given by an employee, would be subject to privacy legislation and would have to be reasonable and tailored to the circumstances.

Can I wear a mask to work?

Right now, probably not. Healthy individuals cannot really reduce their risk of infection by wearing a face mask, and there are currently no government recommendations that people do so. As a result, whether employees are permitted to wear a mask at work will depend on the workplace and the type of work being done. Employees working in the health sector, for example, may have a more reasonable basis to wear a mask because they are more likely to be exposed to infected individuals, or they may be more likely to spread the infection to people who are immunocompromised. In comparison, employees working in less dangerous workplaces that are oriented to customer service, for example in the retail industry, do not share the same risks and therefore do not share the same need for protection. In each case, employers will need to weigh their legitimate business needs against the reasonableness of each individual employee’s request. The reasonableness of the request may also change as the disease continues to spread.


Contact Will McLennan

Contact Will McLennan, the author of this article, about any employment law related questions or issues you may be facing. Call 416-304-6528 or email him at wmclennan@btlegal.ca.

Will is an Associate of the Employment Group at BT Legal. In this role, he advises on all aspects of employment and labour law, including representation before administrative tribunals, collective agreement negotiations, arbitrations, wrongful dismissals, breach of contract, breach of fiduciary duty, and human rights.

Before joining BT Legal, Will articled and worked as an associate at an employment firm in Toronto where he assisted employer clients in formulating practical solutions for a wide variety of workplace-related issues.

Will was called to the bar in 2018, after earning a J.D. from Schulich School of Law. Prior to attending Law School, Will obtained his Honours Bachelor of Political Science and Philosophy from McGill University.

Photograph of Will McLennan, Author of COVID-19 Article.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.

Workplace Harassment, Health and Safety

All workers should have the ability to complete their job duties in a safe work environment. Unfortunately, workplace harassment is a very real problem that many workers have to face. In the past, workplace harassment was largely governed by Section 5(2) of the Human Rights Code, and common law rules of contract. However, in December of 2017, expansive changes were made to the Ontario Occupational Health and Safety Act (the “OHSA“), making it the cornerstone of workplace legislation. The OHSA now sets out the rights and responsibilities of all parties in a workplace, including both employers and employees. Notably, the OHSA is not limited to specific grounds of discrimination, such as age, sex, or national origin. Thus, employers are now required to have a policy which generally addresses harassment in all its forms and from all people.

Workers can face harassment in any workspace, from any individual, in a variety of ways. While the harassing individual might be a fellow employee, supervisor, or owner, the individual does not necessarily have to be someone employed by the employer. The harassing individual may be someone that the worker is required to interact with during the course of completing her job tasks. For example, interacting with a customer or a patient. The harassing individual might not have any professional connection to the workplace, such as a domestic partner of a fellow employee.  The OHSA defines a worker’s workplace as “any land, premises, location or thing at, upon, in or near which a worker works” (section 1). The range of unwanted behaviours can vary from offensive statements all the way to physical violence.

Workplace Harassment

The OHSA defines workplace harassment as “engaging in the course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome” (section 1.5(a). This definition also includes workplace sexual harassment. When we hear the word “harassment,” often scenes of physical violence or unwanted touching come to mind. However, workplace harassment also includes psychological harassment.

Workplace harassment can take many forms, but typically involves unwelcome words and/or actions that are known, or should be known, to be offensive, humiliating, or demeaning. Workplace harassment can also include behavior that intimidates a worker. Common examples include:

  • Making offensive or intimidating remarks and/or jokes;
  • Displaying or circulating offensive or intimidating pictures or written material;
  • Making offensive or intimidating phone calls;
  • Sending offensive or intimidating text messages or e-mails; or
  • Making unwanted sexual advances. See my earlier article on Sexual Harassment in Ontario for more information on that topic.

In most situations, the unwanted conduct occurs more than once. The offensive behaviour might take place over the course of a day, or over weeks or months. For example, a fellow employee who sends several racially offensive e-mails to another employee is most likely engaging in workplace harassment. While less common, it is possible that the offensive conduct only occurs once. For example, one unsolicited sexual advance from a manager towards an employee.

While the OHSA gives employees experiencing workplace harassment greater protections, it does not provide such an individual with the right to refuse to work, as one would have if she had reason to believe she may be endangered by workplace violence. Workplace harassment can easily escalate to threats of, or actual, physical violence. It is vital therefore that employers and employees work together to address and deal with workplace harassment properly before the situation turns into workplace violence.

Workplace Harassment Policy

The OHSA requires that employers prepare a policy on workplace harassment, and review the policy, at minimum, on a yearly basis. This is a requirement for all employers, regardless of size or number of workers. If there are six or more workers regularly employed, this policy must be in writing and be placed in a conspicuous location within the workplace. The workplace harassment policy should contain several pieces of information, including but not limited to:

  • Language on the employer’s commitment to properly handling workplace harassment;
  • A statement concerning the various sources workplace harassment may stem from, such as supervisors, fellow employees, customers, and domestic partners; and
  • Details concerning the responsibilities of each individual in the workplace in addressing workplace harassment.

The workplace harassment policy should encourage workers to report any and all harassment concerns they have. Once the policy is completed, it should be dated and signed by the highest level of management, such as the President or Chief Executive Officer.

Workplace Harassment Program

In addition to the workplace harassment policy, the OHSA requires employers to develop a program to implement the policy. This program must be developed in consultation with the joint health and safety committee or health and safety representative. Once completed, this program must be put in writing. This program must comprise several components, including but not limited to:

  • Procedures for workers to report workplace harassment to the employer or supervisor;
  • Procedures for workers to report workplace harassment to someone other than the employer or supervisor in the event the employer or supervisor is the alleged harasser;
  • Details on how the reported complaints of workplace harassment will be handled and investigated;
  • Details on how disclosure of identifying information will be handled; and
  • Details on how the individual who reported the workplace harassment will be informed of the results of the investigation and of any corrective action.

Once a harassment policy and program have been established, the OHSA requires the employer to provide appropriate instruction to all workers on their contents. Under the OHSA, workers include not only full-time employees, but also part-time, contract, and temporary employees.

Final Thoughts

While implementation of the OHSA’s requirements, including creating a workplace harassment policy and program, have made great strides in curbing workplace issues, it is important to remember that even the best efforts will not be able to solve every situation. Workplace harassment can all too easily turn into violence. The police should be immediately contacted if a threat of violence, or an act of violence, has taken place in the workplace.

The OHSA is also a complex piece of legislation, and failure to follow the appropriate requirements and measures can be costly mistakes for employers. If you are an employer and need help in determining your compliance requirements, we recommend that you consult with a lawyer. If you are an employee who has experienced unwanted workplace conduct, we also recommend that you consult with a lawyer to help protect any rights that may be available to you.


Contact Justin W. Anisman

Contact Justin W. Anisman, the author of this blog, about any employment law related questions or issues you may be facing. Call 416-304-7005 or email him at janisman@btlegal.ca.

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.

Sexual Harassment at Work

Sexual harassment at work have severe consequences for the  victim, accused, and employer and contribute to a hostile, intimidating, and offensive working environment which can affect the quality of work and productivity. It is incumbent of all employees, managers, leadership, and owners to prevent, punish, report and discourage such workplace conduct.

What is Sexual Harassment?

Sexual harassment is verbal or physical conduct of a sexual nature which can effect another person’s dignity and interfere with their work. It refers to a form of discrimination that comprises of any unsolicited comments, conduct, or behavior concerning sex, gender, or sexual orientation. It typically encompasses objectionable and offensive behavior which may occur once or repeatedly.

Harassment can be expressed directly in face-to-face interactions, indirectly behind the targets back (such as spreading sexual rumors), or via electronic messages sent to the victim. Anyone, male or female, can be a victim. However, women are much more likely to be victims of sexual harassment than men, according to the Ontario Human Rights Commission.

Further, sexual harassment can occur no matter one’s seniority. Those people in leadership positions are just as capable of being harassed as more junior employees. By way of example, allegations that a woman in a position of authority slept her way to the top are too common and always inappropriate. Such allegations, even when baseless, tend to lessen the victim’s authority, dignity, and reputation.

While sexual harassment in the workplace is a widespread problem across all industries, some sectors are more prone to sexual harassment than others. Per the Ontario Human Rights Commission, jobs with a higher proclivity to sexual harassment include:

  • Heavily male-dominated occupations such as military, construction, policing, manufacturing, etc.
  • Jobs that involve a great deal of subservient activity such as nursing, waitressing, secretary jobs, flight attendant jobs, etc.
  • Occupations that require working in isolation such as live-in caregiver jobs.

What Kinds of Behavior Constitute Sexual Harassment?

The kinds of behavior that could constitute sexual harassment can vary depending on the circumstances and people involved. According to the Ontario Human Rights Code, some of the conducts that could be considered sexual harassment include:

  • A person bragging about how good they are in bed
  • Displays of explicit material
  • Making sexual jokes
  • Making unwelcome sexual comments about a person’s appearance, body parts, or clothing
  • Demanding hugs
  • Repeated requests for a date with a subordinate, boss, or co-worker
  • Sharing sexually inappropriate content, images, or videos with co-workers
  • Displaying sexual posters or pictures in the office
  • Making offensive comments that are sex-specific
  • Staring at a co-worker in a sexually suggestive or offensive way
  • Touching a co-worker in inappropriate places
  • After hours unwanted interactions by a supervisor

Impacts of Sexual Harassment on Workers and the Work Environment

Sexual harassment at work can have many consequences both for the victim who is facing harassment and for an employee who is indirectly but negatively affected by the bad behavior. This is because the workers who experience sexual harassment secondhand can become demoralized or intimidated at work.

Impact on Victims

In some cases, a victim of sexual harassment risks:

  • Emotional and physical impact: Sometimes, a victim of sexual harassment become so traumatized by the harassment that they suffer serious emotional consequences such as emotional and mental stress, as well as anxiety. Acts of sexual harassment can undermine a person’s sense of personal dignity and can prevent them from being able to perform their job properly.
  • Job loss: A worker who refuses to go along with the sexual demands of a superior or co-worker risks being fired even though the organization might use some other excuse. For instance, an employee who is temporarily unable to work or fail to give their best due to harassment might be fired on the grounds of unsatisfactory performance even though it’s still clearly related to bullying.
  • Loss of wages and other benefits: Victims who resist sexual advances from their supervisor suffer unfavorable job-related consequences such as demotion, not getting promoted, and loss of economic benefits like medical benefits, pension contributions, sick pay, etc.
  • Constructive dismissal: Sexual harassment may be considered constructive dismissal. It is important to speak with an employment lawyer if you are being sexually harassed at work.

Impacts of Sexual Harassment to Organization

Sexual harassment can impact a company negatively through:

  • Decreased productivity: Hostile working environment often leads to low employee morale, absenteeism, animosity, stress, and anxiety. These reduce performance and ultimately result in low productivity.
  • The unwelcome behavior of sexual predators in the workplace can negatively affect the work setting by creating an intimidating, hostile, degrading, humiliating or offensive environment. Such a situation can put pressure on a victim to leave the job.
  • High employee turnover: Workers who are targets of sexual harassment and witnesses of sexual harassment may have to quit to get away from threatening settings. This lead to high employee turnover, which may result in increased hiring and training costs.
  • Litigation costs: The Ontario Human Rights Commission and the Ontario Courts regularly litigate complains of sexual harassment. Defending these claims is often time consuming and expensive.
  • Public Image Costs: With the #MeToo movement at its height. Employees, no longer ashamed or embarrassed, often take to social media or the court of public opinion to attack employers who condone poorconduct.

How Employers Can Prevent and Respond to Sexual Harassment in the Workplace

Employers are encouraged to undertake all necessary measures to eliminate sexual harassment from the workplace and create a healthy positive work environment. The Ontario Human Right Commission recommends having anti-harassment programs that help create a work environment where every employee will feel welcomed.

This can be achieved by:

  • Defining what constitutes harassment and stating that harassment is not tolerated
  • Communicating the punitive consequences of harassment in the workplace
  • Revealing the harassment reporting system with an appointed HR staff for reporting claims
  • Making all employees aware that retaliation against employees reporting bullying is not allowed
  • Outlining the investigation and redress process

Employers should hold workers, and themselves, to high standards. Doing so will help create a positive and inclusive work setting.


Contact Justin W. Anisman

Contact Justin W. Anisman, the author of this blog, about any employment law related questions or issues you may be facing. Call 416-304-7005 or email him at janisman@btzlaw.ca.

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning Zibarras LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.

Marijuana at Work after Legalization

The Canadian and Ontario governments have now announced the Rules and Regulations for marijuana, which is set to become legal across Canada for recreational use in October of this year. The legalization of marijuana raises many new challenges and concerns about the effect on workplace safety.

Can recreational marijuana be used at work?

Short answer: no. The Ontario regulations only permit the use of recreational marijuana in private residences. Use elsewhere, such as in cars, public parks, or workplaces can result in provincial offences and fines up to $5,000.

Ontario’s rational for this law is “to protect people from second-hand cannabis smoke, and reduce youth and young adult exposure to cannabis.”

Can an employee be high at work?

Impairment is a long standing issue in the Ontario workplace and marijuana use will complicate things further. Marijuana has psychotropic effects which, like alcohol, can impair judgement, however a direct connection to workplace incidents has not been definitely established. Maclean’s released an article on the health effects of marijuana in the workplace and reported that:

Several studies have examined the impact of marijuana use on workplace outcomes, but with mixed results.

Some have found associations between marijuana use in the workforce and work absenteeism, reduced productivity, job turnover, disciplinary measures, workplace accidents and injuries, unemployment and interpersonal conflict.

However, other studies have found no association with some of these outcomes. Overall, the evidence to date is quite inconsistent.

In 2017, the U.S. National Academy of Sciences published a major report on the health effects of marijuana use, including impacts on injuries and accidents in a workplace setting.

Based on six studies, the review did not find enough evidence to either support or refute a statistical link between marijuana use and occupational injuries or accidents.

The Occupational Health and Safety Act (OHSA) already imposes strict obligations on employers to keep their employees and workplaces safe. These obligations include ensuring workers are not introducing hazards to the workplace as a result of impairment arising from marijuana use.

What obligations an employer has will depend on the individual circumstances of the workplace. The appropriate policies and measures will be different. For example, if an employer, manager or supervisor becomes aware that a worker who operates heavy machinery appears to be impaired, the appropriate steps would be different from an employee who works at a desk most of the day.

In all circumstances a duty is owed to ensure the health and safety of workers are protected and the OHSA is being complied with.

What about Medical Marijuana in the Workplace?

Like any other prescribed medication, Ontario employers have a duty to accommodate an employees illness, including the use of  medicinal marijuana in appropriate places around the workplace in accordance with doctor’s directions.

The duty to accommodate extends to the point of undue hardship. A prescription for medical marijuana does not entitle an employee to compromise the safety of themselves or others. Nor does it entitle them to smoke around others or in doors – Smoke-free Ontario laws apply to the smoking marijuana in the same way they do for cigarettes. However, an employer may have to permit an employee a suitable workplace accommodation to use their medication.

What should I do if I am an Employer in Ontario?

If you already have good policies in place, then they will not need to be drastically changed.

To ensure a safe and hazard free work environment, employers should conduct a risk assessment of marijuana in their workplace, then update their written measures to control the risks or, where practicable, eliminate the hazards identified from substance abuse. It may be a good idea to provide training to management or supervisors on the signs of marijuana intoxication.


Contact Justin W. Anisman

Contact Justin W. Anisman, the author of this blog, about any employment law related questions or issues you may be facing. Call 416-304-7005 or email him at janisman@btzlaw.ca.

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning Zibarras LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.

 

 

 

“My Boss Got Naked in Front of Me on a Work Trip”

While exploring one of the legal forums I frequent, a person posted a question about an incident that occurred on a work trip with his boss:

I recently went on a business trip with my employer and many other employees, and I spent the night in a hotel room with my employer (just me and him in this two-bed room). While I was laying in bed reading with the lights on, he walked out of the bathroom naked to get something from his suitcase. He knew I was in the hotel room before he stepped into the bathroom.

I commented that I was uncomfortable seeing him naked, and he apologised and went back to the bathroom. He could clearly see that I was in the room (in full sight of him), and did seem phased that I saw him naked until I commented about it.

We are both male, and he only recently found out that I am homosexual (he is openly homosexual as well). 12 people went on this trip in total (2 per room) and he made the room arrangements.

He has previously invited me to go to the bar with him for drinks. I said no to this and he hasn’t asked again.

I would like to know if this constitutes workplace harassment.

Are you shouting at the screen “Yes! This must be sexual harassment”? Are you all ready to retweet #MeToo? Well, I wouldn’t necessarily jump to that conclusion.

Workplace harassment is governed by the Ontario Occupational Health and Safety Act RSO 1990 c O-1 and is defined as follows:

“workplace harassment” means,

(a) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or

(b) workplace sexual harassment; (“harcèlement au travail”)

“workplace sexual harassment” means,

(a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or

(b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;

The Ontario Human Rights Tribunal gives these examples of sexual harassment:

  • demanding hugs
  • invading personal space
  • unnecessary physical contact, including unwanted touching, etc.
  • using language that puts someone down and/or comments toward women (or men, in some cases), sex-specific derogatory names
  • leering or inappropriate staring
  • making gender-related comments about someone’s physical characteristics or mannerisms
  • making comments or treating someone badly because they don’t conform with sex-role stereotypes
  • showing or sending pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including on-line)
  • sexual jokes, including passing around written sexual jokes (for example, by e-mail)
  • rough and vulgar humour or language related to gender
  • using sexual or gender-related comment or conduct to bully someone
  • spreading sexual rumours (including on-line)
  • making suggestive or offensive comments or hints about members of a specific gender
  • making sexual propositions
  • verbally abusing, threatening or taunting someone based on gender
  • bragging about sexual prowess
  • demanding dates or sexual favours
  • making offensive sexual jokes or comments
  • asking questions or talking about sexual activities
  • making an employee dress in a sexualized or gender-specific way
  • acting paternally in a way that someone thinks undermines their self-respect or position of responsibility
  • threats to penalize or otherwise punish a person who refuses to comply with sexual advances (reprisal or “payback”).

The conduct of this employer may not clearly rise to the level of harassment. Inviting a subordinate to drinks isn’t inappropriate on its face and this boss stopped pressing once he was told no. Likewise, the incident on this business trip may simply have been a potential hazard of same-sex lodgings. This employee told his boss that it made him uncomfortable and the boss apologized and went back into the bathroom. At worst, this was a clumsy attempt at starting a sexual relationship with this employee. But, there is no mention of any conduct by this employer trying to steer conversations towards sexual subjects, making suggestive or lewd comments, pressuring this employee into initiating a sexual encounter, or threats or acts of reprisal.

In a situation like this, I would recommend the employee approach the employer, after the trip and back in the workplace, to explain that this made him uncomfortable, and that, as a result, he would prefer not to lodge with him again. He may want to follow this up with an email to keep a record.

 


Contact Justin W. Anisman

Contact Justin W. Anisman, the author of this blog, about any employment law related questions or issues you may be facing. Call 416-304-7005 or email him at janisman@btzlaw.ca.

Justin W. Anisman is an Employment Lawyer at the Toronto law firm Brauti Thorning Zibarras LLP. Justin advises both companies and individuals in all aspects of employment law including wrongful dismissal, human rights and discrimination.


The publications made on this website are provided and intended for general introductory information purposes only. They do not constitute legal or other professional advice, or an opinion of any kind. Speak to a professional before making decisions about your own particular circumstances.