Are you compliant?

Generally, compliance means adhering to government laws, health and safety standards, or data and security requirements. 

Here's what you should consider*:

*Other new obligations exist. If you have any questions, contact us to be reassured or to help you comply.

Do you need help?

Bill 96 amending Bill 101 on the Charter of the French Language was adopted on May 25th 2022.

It modifies various aspects of our interactions in Quebec, including our relationships at work and our communication within the company.

Do I need to be compliant?

As soon as your company has 25 or more employees, you will have to comply with the obligation to use the French language in writing and speaking first.

  • This applies to all individual documents interacting with your employee (individual employment contract, job offer, transfer, promotion) and internal communications with employees.
  • Exceptions apply - for example, if your employee specifically requests that you communicate with them in another language.
  • This obligation must be in place by 2025.

When recruiting a candidate, you were already required to demonstrate that the use of another language is necessary to perform the job; now you will also have to:

  • Assess the real logistical need for the use of another language.
  • Ensure that these language needs could not be met within your organization.
  • Restrict as much as possible the number of positions requiring knowledge of a language other than French.
  • Justify the use of a language other than French in your hiring criteria in the ad.

Bill 168:  An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace

Bill 168 requires employers to have policies and programs in place to deal with workplace violence, workplace harassment and domestic violence that may occur in the workplace.

Employers are required to develop and maintain programs to implement the policies that govern workplace violence and harassment. At a minimum, the content of these programs includes:

  • Measures and procedures for workers to report incidents of workplace violence and harassment to the employer;
  • Procedures that the employer will follow for investigating and dealing with incidents and complaints of workplace harassment;
  • Measures and procedures to control the risks identified in the risks assessment;
  • Measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur; and,
  • Any prescribed elements.

Do I need to be compliant?

Unless you have five or fewer employees, yes! Bill 168 compels employers to have written workplace violence and harassment policies, which they should post at a conspicuous place in the workplace.

Bill 27 received Royal Assent and amended the Employment Standards Act to incorporate the “right to disconnect” since December 2nd 2021.

The legislation deadline was June 2, 2022. 

What does it mean to Ontario employers?

It obliges employers with 25 or more employees (as of January 1, 2022) to introduce a written “disconnecting from work” policy by June 2, 2022. In the amendment, disconnecting is defined as “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.”

Bill 88 - Ontario Electronic Monitoring Policy Due by Oct 11, 2022

This written policy requires employers to disclose to employees if they are being electronically monitored.

Electronic monitoring includes all forms of employee monitoring that are done electronically during working hours. Example: tracking employee movements through access cards and GPS devices on delivery vehicles, and tracking employee website visits, emails, and online chats.

Do I still need the policy if I don’t electronically monitor 25+ employees?

Yes. In this case, the policy must specifically state that your business does not electronically monitor employees. Your policy could change in the future and when you decide to use electronic monitoring, reasonable notice needs to be provided to all staff.

Other new obligations exist. If you have any questions,

contact us to be reassured or to help you comply.

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