Showing Posts In "Canada" Category

Hiring Temporary Foreign Workers: 6 Key Employment Contract Considerations

While not generally mandatory, a current, clear, and concise written employment contract is one of the best investments Canadian employers can make to limit their liability related to their workforce. This is even more crucial when it comes to hiring temporary foreign workers whose employment depends not only on their personal qualifications and performance but also on […]

AI: Where Do We Go from Here?

In March 2017 in Canada, Lavery established its Artificial Intelligence Legal Lab to study and anticipate developments in artificial intelligence. The goal of the Lab was to position itself ahead of the legal complexities that artificial intelligence would bring for our clients. The number of developments in the field of AI since that date is […]

Drug and Alcohol Testing in Canada: SCC Denies Leave to Appeal in Power Workers’ Union v. Canada

A unanimous decision by the Supreme Court of Canada refused to hear an appeal in Power Workers’ Union v. Canada, effectively upholding a Federal Court of Appeal ruling that mandatory pre-placement and random drug and alcohol testing for nuclear safety‑critical workers is lawful. The courts concluded these employees have a “diminished expectation of privacy,” and that the […]

Quebec Privacy Policies

The Commission will issue the first in a series of guides intended to facilitate understanding and compliance with new obligations pertaining to the protection of personal information of a businesses’ customers. The guide defines and describes a privacy policy and how to write a policy in simple and clear terms.

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Rental Credit Checks in Canada: Why Do You Need One? (2023)

Landlords and property managers in Canada are conducting rental credit checks to validate the creditworthiness of prospective tenants. This can involve checking consumer reports or cross-referencing names with renter score models to determine information like past payment history, how many other rentals the candidate has been in, and any violations of lease agreements. Rental credit […]

Managing Medical Marijuana in Safety-Sensitive Workplaces

Employers may be legally obligated to accommodate employees who use medically prescribed marijuana to treat a disability. They are not, however, required to automatically permit the use of marijuana in safety-sensitive positions. Labour arbitrators have argued that zero tolerance policies are unreasonable, but policies requiring disclosures are reasonable to evaluate safety risks.

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Cannabis is Still a Hazy Workplace Issue in Canada, Years After Legalization

Employers have a responsibility to accommodate an employee’s disability, but when medical cannabis leads to impairment on the job, accommodation becomes more limited. Cannabis – even when medically prescribed – cannot be consumed in a manner that is unsafe or compromises the safety of others. But impairment is difficult to determine, so it is important […]

Employers Must Prepare for the Transformation of Quebec’s Privacy Regime

Quebec’s Act to modernize legislative provisions as regards the protection of personal information (Act) has been enacted. The Act’s provisions will become effective over a two-year period, from September 22, 2022, to September 22, 2024. There are several key changes relating to the obligations of employers and the rights of employees in Quebec.

Cannabis is Still a Hazy Workplace Issue, Years After Legalization

Although the use of non-medical cannabis in the workplace can be compared to the use of alcohol, the approach differs when the use of cannabis is for a medical purpose. An employer has a duty to accommodate an employee’s disability, but employees cannot claim the right to be impaired and create any risk at work. […]

Personal Information and Data Protection Tribunal: A Leap Forward?

On June 16, 2022, the Canadian government introduced Bill C-27, which introduced three Acts meant to modernize federal privacy laws. Learn more about The Personal Information and Data Protection Tribunal, which will have jurisdiction over all appeals regarding a decision following an inquiry, a compliance order, and the recommendation of administrative penalties for contravention of […]