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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Category Archives: Legislative Requirements

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These heels weren’t made for workin’… BC bans mandatory high heeled shoes in workplace

Posted in Discrimination, Employer Obligations, Human Rights, Legislative Changes, Legislative Requirements, Occupational Health and Safety, WorkSafeBC

On April 7, 2017, the BC Government issued a press release on having fulfilled its promise to ban mandatory high heels from BC workplaces. The change was made by amending section 8.22 of the Occupational Health and Safety Regulations (“OHS Regulation”), and is explained by WorkSafeBC’s recently adopted OHS Guideline G8.22Footwear regarding section 8.22 of the OHS Regulation.

The Guideline provides that “footwear must both allow the workers to perform their work safely and provide the protection required for the particular environment.” Employers must conduct an assessment of the risks present in their particular workplace and duties of the employee … Continue Reading

Owner/Operator Labour Market Impact Assessment and its importance for Permanent Residence applications in 2017

Posted in Human Capital, Immigration, Legislative Requirements, Temporary Foreign Worker Program

Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW will not negatively impact the Canadian labour market.  In most cases, the Canadian employer must apply to Employment and Social Development Canada, also known as Service Canada, for approval of the Labour Market Impact Assessment (“LMIA”), previously called a Labour Market Opinion or LMO.  A LMIA is a very detailed application process that is subject to a high level of review, and must be … Continue Reading

Gender expression and gender identity now express grounds of discrimination under Code

Posted in Discrimination, Human Rights, Legislative Changes, Legislative Requirements

Following our previous post on the British Columbia government’s bill to amend the Human Rights Code [Code] earlier this year, the bill recently received royal assent and “gender identity and gender expression” are now expressly included in the Code  as protected grounds.

Though the meaning and application of these new protected grounds will need to be fleshed out by Tribunal and court decisions, the Tribunal’s website now provides the following descriptions:

Gender Expression: Gender expression is how a person presents their gender. This can include behaviour and appearance, including dress, hair, make-up, body language and voice. This … Continue Reading

Have your say – potential changes to Workers’ Compensation Act regulations

Posted in Legislative Changes, Legislative Requirements, Occupational Health and Safety, Workers Compensation, WorkSafeBC

WorkSafeBC recently announced public consultation and hearings into proposed changes to regulations under the Workers’ Compensation Act, including environmental tobacco smoke, e-cigarette vapour and joint health and safety committees. Details of the proposed changes, together with explanatory notes, can be found at the foregoing link.

WorkSafeBC is accepting public feedback until October 7, 2016, which can be provided online, by email, fax or by mail (details in the link provided).

A number of public hearings will also be held throughout British Columbia, commencing September 21, 2016.

Consider taking this opportunity to review the potential impacts of the proposed changes … Continue Reading

Do Your Employees Require Time Off To Vote?

Posted in Elections, Employer Obligations, Legislative Requirements

Under the Canada Elections Act (“Act”), all Canadian employers (with some limited exceptions in the transportation industry) must ensure their employees have 3 consecutive hours free from work during opening hours for polls on election day.  According to the Act, polls are open for each electoral district of Canada as follows:

 

(a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

(b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

(c) from 7:30 a.m. to … Continue Reading