Audit, Compliance and Risk Blog

Another Encouragement for Canadian Directors to Consider Non-shareholder Interests

Posted by Jon Elliott on Wed, May 19, 2021

Whose interests should corporate directors consider when running their companies? At least since 2008. The prevailing view in Canada is that while directors must consider shareholders’ interests, they may also consider the interests of other stakeholders. For example, in 2008, the Supreme Court of Canada decided the case BCE Inc. v. 1976 Debentureholders, allowing but not requiring consideration of debenture holders. Recently this permission has been shading toward an expectation.

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Tags: Labour & Employment, CBCA, Canada, Directors Liability

The right to bare arms: Considerations for COVID-19 vaccines in the workplace

Posted by BLG’s Labour and Employment Group on Tue, Apr 06, 2021

One of the most talked about topics when it comes to the scheduled roll out of the COVID-19 vaccine this year is whether an employer is entitled to require its employees to receive the vaccine in order to remain at or return to the workplace.

It’s a multifaceted issue, and it deserves fulsome consideration when discussing the important role employers could play in the national vaccination campaign, which is a key component of the fight against the spread of COVID-19 within an employer’s workplace and more broadly. However, that is not the only interest at play. An employer’s obligation to provide a safe workplace must be balanced with employees’ potentially competing interests, such as the fundamental freedom to make inherently personal choices about one’s own body. This can include competing rights relate to health or religious beliefs and trigger protection under human rights legislation.

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Tags: Business & Legal, Employee Rights, Covid-19, Employment Law, Labour & Employment, Vaccine, Immunization

Employment Law: Protecting Whistleblowers Protects the Organization

Posted by Jon Elliott on Wed, Mar 17, 2021

Regulators often rely on whistleblowers to reveal ongoing violations, and prosecutors rely on whistleblowers and informants from time to time to “make their cases.” Recognizing this value, many federal and state laws provide explicit protections for employees who report actual or potential violations to their employers or to the agencies that administer and enforce those laws.

The Occupational Safety and Health Administration (OSHA) has administered such a provision for workers disclosing violations of the Occupational Safety and Health Act for more than 40 years. In the intervening decades, a wide variety of federal statutes have expanded OSHA’s whistleblower protection activities, assigning OSHA to enforce whistleblower protection provisions of other laws; as of 2021 this authority covers 24 distinct federal laws. The best known and most litigated of these non-worker laws probably is the Sarbanes-Oxley Act of 2002 (SOx) – Section 806 of that law protects whistleblowers who report activities that may violate anti-fraud provisions of the federal Securities Acts. The rest of this posting identifies these laws, and summarizes how OSHA administers them.

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Tags: OSHA, tsca, Labour & Employment, SDWA, ACA, ERA, FSMA, FRSA, OSH Act, AMLA, AHERA, CFPA, CPSIA, CAARA, FWPCA, ISCA, NTSSA, PSIA, SPA, STAA, TFA

Can a Québec employer force employees to get a COVID-19 vaccination?

Posted by BLG’s Labour and Employment Group on Wed, Dec 16, 2020

Since surfacing in Québec, COVID-19 has had its share of drawbacks for workers and employers, and continues to impose numerous human resource management and administration challenges. Employer obligations and responsibilities regarding occupational health and safety have increased significantly. These include stricter hygiene and maintenance measures in the workplace, social distancing, and wearing masks, among others.

The upsurge in COVID-19 cases seen recently is an unfortunate reminder of its high rate of contagion and its virulence among at risk populations. The global scientific community has been working hard to develop effective vaccines, and for many, such vaccines are the long-awaited solution. In this context, several legal issues arise. For example, could an employer require employees to be vaccinated against COVID-19?

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Tags: Business & Legal, Employee Rights, Covid-19, Employment Law, Labour & Employment, Vaccine, Immunization, Quebec

CERB and EI changes: What employers and workers need to know

Posted by BLG’s Labour and Employment Group on Tue, Sep 22, 2020

On August 20, 2020, the federal government announced its transition from the Canada Emergency Response Benefit (CERB) to a simplified Employment Insurance (EI) program to provide income support to those unable to work due to COVID-19.

In addition to simplifying access to EI, the government will introduce three new temporary recovery benefits: the Canada Recovery Sickness Benefit, the Canada Recovery Caregiving Benefit and the Canada Recovery Benefit.

Subject to parliamentary approval, these programs will be effective starting September 27 and available for one year.

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Tags: Business & Legal, Employee Rights, Covid-19, Employment Law, Labour & Employment, Canada Recovery Sickness Benefit, Canada Emergency Response Benefit, Employment Insurance, Canada Recovery Caregiving Benefit

Coming out of the COVID-19 lockdown: Issues and challenges facing Canadian employers

Posted by BLG’s Labour and Employment Group on Mon, May 25, 2020

As Canadian employers begin to engage in the “re-opening” of the local economy, they face numerous legal and logistical challenges. Health and safety, privacy and human rights issues abound, and further uncharted waters lie ahead.

BLG’s Labour and Employment team provides a non-exhaustive list below of issues and challenges employers need to keep in mind.

Compliance with employee health and safety and public health requirements

Until effective vaccines and/or therapies for COVID-19 become available, employers will need to continue taking all reasonable steps to ensure that their workplaces are compliant with public health guidelines and requirements as well as their obligations to protect the health and safety of employees. Employers will need to remain current and proactively assess their workplaces, and make modifications in planning for the return of their employees. This will affect physical workspaces and require that employees are properly informed, equipped and monitored to ensure compliance.

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Tags: Business & Legal, Covid-19, Employment, Employment Law, Labour & Employment