Agenda

Day One: Tuesday, May 7, 2024

10:15 EDT

45 min
Derrick Hynes

Big Changes! Big Challenges! Serious Consequences!
Prepare Now for the Seismic Shift in Labour Relations – Impact and Ramifications of the Ban on Replacement Workers

Derrick Hynes, President and CEO, Fetco Inc.

This may be the greatest change in labour relations in decades. This session is an opportunity to consider the implications of the new legislation for both unionized and non-unionized employers.

  • Will this lead to greater fairness?
  • How far does the legislation go?
  • What does this change mean for day to day operations?
  • What are the broader implications of the legislation?
  • What to expect
  • How to prepare

11:00 EDT

45 min
Jennifer Wiegele

Comply With Challenging Harassment and Violence Prevention Requirements - or Face the Consequences!

Jennifer Wiegele, Partner, Mathews, Dinsdale & Clark LLP

Employers who are not in compliance with obligations to prevent harassment and violence in the workplace can face hefty monetary fines, naming and shaming. And there is a lot of confusion out there about what those requirements are and how to implement the vast number of changes to policies and procedures required to get the job done.

This session will provide information on what you must do to comply including

  • Reporting requirement to file annual reports with the Minister of Labour on number of occurrences of workplace harassment and violence that occurred in the preceding year, whether they were related to sexual harassment and violence, the locations of where the occurrences took place, the number of occurrences that resulted in the death of an employee, the number of incidents that fell under each prohibited ground of discrimination set out in the Canadian Human Rights Act and the average time it took to complete the resolution process.
  • Key definitions
  • Clarification of what can be considered an occurrence of harassment and violence in the workplace
  • Policy and procedure requirements including:
    • A workplace assessment to be completed by relevant personnel to develop and implement preventative measures within six months
    • Identified risk factors including office culture, external circumstances and the physical design of the workplace
    • Emergency procedures
    • A workplace harassment and violence prevention policy with reports, records and data to assist the investigator
    • A resolution process, including time frames to better support employees or people accused
    • Support measures for employees
    • Documentation on how to protect the privacy of people involved,
    • Mandatory training for employees
    • Need to be aware of each required investigation or resolution step and the timelines associated with those steps
  • Typical errors and how to avoid them

11:45 EDT

45 min
Michelle Sterling

How Are Employers Implementing / How is the Government Enforcing Harassment and Violence Prevention Regulations?

Michelle Sterling, Senior Investigator, Employment and Social Development Canada

The stand-alone Work Place Harassment and Violence Prevention Regulations effective January 2021 bring significant change to federal labour law rules. Employers are expected to have an effective policy and to move from discussion to action.

  • 3 and a half years in, how is employer implementation proceeding?
  • What stakeholder feedback has been received?
  • Is the law being enforced?
  • Are complaints being received?
  • Management and Union observations and comments

12:30 EDT

60 min

Break

13:30 EDT

45 min
Cristina Toteda

Update on Medical and Personal Leave – Stacking (& Other Practical Challenges) - New Traditional Indigenous Practices Leave & More

Cristina Toteda, Senior Counsel, Labour and Employment, Air Canada

New leave and benefit provisions came into force in 2022. How will you manage practical challenges that arise when you implement these new provisions? How will benefits offered by an employer interact with the medical leave with pay entitlement established in the Code? Serious questions arise, and the session will provide some invaluable answers to guide you through turbulent times. Issues addressed in this session include:

  • Changes to paid and unpaid medical leave
  • Extension of unpaid leave to 27 weeks
  • Does an employee out on LTD now have 10 days paid sick leave?
  • Bereavement leave changes in 2021
  • New employer record-keeping requirements related to new leave entitlements
  • How will Code leave entitlements interact with rights or benefits under a collective agreement?

14:15 EDT

45 min
Jennifer Hodgins

Hours Of Work: New Rules And Important Exemptions!

Jennifer Hodgins, Partner, Norton Rose Fulbright Canada LLP

In 2019, amendments to the Canada Labour Code addressed a myriad of issues, including shift change and work schedule notices, overtime (and when it can be refused), break and rest periods, as well as flexible work arrangements and greater vacation entitlements. More recently, amendments to the Regulations have laid out exemptions to some hours of work rules for employers in the telecommunications, broadcasting, banking, rail and air transportation industries.

This session help clarify these issues and provide:

  • An overview of what has changed (and what hasn’t!)
  • Specific guidance on overtime refusals, flexible work arrangements, and when notice of shift changes or work schedules must be provided, and what, if any, exceptions to these rules exist.
  • Practical advice on how to implement and ensure compliance with these Code provisions
  • Details on the new hours of work exemptions and to which industries they apply
  • Answers to YOUR questions about these changes

15:00 EDT

15 min

Break

16:00 EDT

45 min
Jimmy Vassilopoulos

Hear From Purolator Inc, Winner of the Prestigious 2023 OHS Culture Award
The Serious Risks You Face Without a Strong Occupational Health and Safety Management System: How to Drive Your Culture to Next Level

Jimmy Vassilopoulos, Director National Health and Safety, Purolator Inc.

Without an OH & S Management System you are at risk, including  increased safety hazards, government enforcement orders and administrative penalties, increased accidents or incidents and worker injuries, increased number of disability claims, damage to reputation. It’s time to take steps to embed the safety culture in your workplace.

  • Why Implement an Occupational Health and Safety Management System?
  • Primary components of an OHSMS?
  • Where does safety fit in an organization?
  • How do business decisions within each department potentially impact worker health, safety and well being?
  • Milestones reached and exceeded by Purolator Inc.

16:45 EDT

End of Day One

Day Two: Wednesday, May 8, 2024

10:15 EDT

45 min

Enforcement of Labour Standards

Syed Omer Ali

Bisera Olevska

  • Types of inspections
  • Complaint processes
  • Enforcement tools
  • Penalties
  • Administrative fees
  • Administrative Monetary Penalties
  • Common  mistakes and contraventions
  • Misclassification
  • Unauthorized deductions
  • Overtime
  • Vacation pay rates
  • Record keeping
  • Counselling sessions

11:00 EDT

45 min
Ginette Brazeau

The Essential Update on New and Noteworthy Decisions: Canada Industrial Relations Board Cases You Must Be Aware of

Ginette Brazeau, Chairperson, Canada Industrial Relations Board

You need to stay up-to-date to avoid mistakes and ensure compliance with not only the legislation but the new decisions rendered by the Candian Industrial Relations the Occupational Safety and Health. Appeal Board, Adjudicators, Referees and the Courts. This session will alert you to important developments you may not know about:

Part I: Industrial Relations. New case law developments under Part I of the Code
Part II: New jurisprudence in Occupational Health and Safety.
Part III: Standard Hours, Wages, Vacations and Holidays.

11:45 EDT

45 min
Simmy Sahdra

Pay Transparency Across Canada: Are You Ready For Publication of Pay Gaps?

Simmy Sahdra, Senior Associate, Dentons

  • Examining the growing trend amongst Canadian provinces towards creating greater transparency of wages.
  • What Canadian provinces have adopted pay transparency legislation, including the pay transparency requirements in the Federal jurisdiction.
  • What Canadian provinces have pending pay transparency legislation coming into force in the future.
  • Actions employers need to take to comply with requirements of the legislation.

12:30 EDT

60 min

Break

13:30 EDT

45 min
Eric Girard

The Accessible Canada Act: Action Required

Melissa Struthers, Director, Policy, Outreach and Research, Canadian Human Rights Commission

Eric Girard, Director, Compliance and Promotion, Canadian Human Rights Commission

Requirements:

  • Required to prepare, publish, and regularly update accessibility plans in consultation with people with disabilities
  • Requirement to collect feedback

Rapidly approaching deadlines

  • June 1, 2023: Organizations that had 100 or more employees in 2021;
  • June 1, 2024: Organizations that had between 10 and 99 employees in 2021
  • June 1, 2025: All other federally regulated organizations with at least 10 employees

Digital accessibility requirements

  • Understand established standards for accessibility, including the Web Content

Accessibility Guidelines (WCAG)—the global standard for web accessibility.

  • Run a structured discovery exercise to identify the digital experiences and test for accessibility.
  • Plan and implement remediation

14:15 EDT

45 min
Sandra Haydon

Mandatory Pay Equity Obligations – Serious Penalties for Missing Looming Deadlines

Sandra Haydon, Sandra Haydon & Associates

This is not legislation where you don’t have to do anything  unless someone complains. Federally regulated employers must take complex and active steps prescribed by law to develop and post a Pay Equity Plan by September 2024 or face serious financial consequences and damning publicity.

  • Understand what you have to do
  • Practical realities of implementing the work
  • Leading cases and guidance on applications for more than one pay equity plan- what can you expect?
  • The power of the Pay Equity Commissioner
  • Consequences of missing deadlines
  • Penalties for violation of Legislation, Regulation and Commissioner’s Orders

16:00 EDT

End of Day Two

Workshops: Monday, May 6, 2024

02:00 EDT

180 min
Jennifer Wiegele
Monday May 6, 2024 | 2:00 p.m. - 5:00 p.m. EST

Best Practices And Human Resources Compliance For Indigenous And Other Organizations

Jennifer Wiegele, Partner, Mathews, Dinsdale & Clark LLP

Are you in compliance with sweeping legislative changes imposed on federally regulated employers? With stepped up enforcement, if you aren’t, you could face serious monetary and other consequences.

You must take action now to fulfill new legal and other obligations or suffer the consequences: Dollars in penalties and plummeting workforce morale. You need the practical how-to and know-how information Jennifer Wiegle, one of the foremost leaders in compliance for Indigenous Employers, will provide in this all new specially developed package.

Everything you need: from what legislation applies to your organization, managing and preventing lateral and other forms of workplace harassment and violence, accommodation of employees with mental health issues, new leave and other provisions to effective employee performance. Incorporation of indigenous culture and traditions into the workplace.

Specifically developed to focus on the issues that are most relevant to Indigenous Employers including best practices relating to fulfilling your obligations including:

  • Decisions on Jurisdiction over employment relationships – Do federal or provincial employment/labour laws apply?
  • Preventing and managing violence and harassment
  • Complying with the new Canada Labour Code Regulations
  • Dealing with lateral violence and cultivating a respectful workplace
  • Incorporating culture and traditions into the workplace
  • Accommodating mental health and addiction in the workplace
  • Implementing fair and effective employee performance assessment processes
  • Contemplating important succession planning for the future of your organization
  • Ensuring your break, leave and other provisions comply with legislative changes?

10:00 EDT

180 min
Thursday May 9, 2024 | 10:00 a.m. - 1:00 p.m. EST

Preventing and Managing Workplace Harassment & Violence:
Best Practices for Federally Regulated Employers

Priya Sarin, Sherrard Kuzz LLP

Sarah MacKay Marton, Sherrard Kuzz LLP

INFORMATION, GUIDANCE AND ADVICE FROM LEADING EXPERTS ON HOW TO:

  • Avoid penalties and weakened workplace morale
  • Build on existing tools
  • Expand competencies
  • Identify, understand and address workplace violence and harassment
  • Increase professionalism
  • Protect your organization and your reputation
  • Engage in scenario-based learning
  • Understand how tricky situations play out in practice

DON’T MISS THIS UNIQUE WORKSHOP

When it comes to workplace discrimination, harassment, and violence, federally regulated employers have experienced constant change and a shifting legal landscape. Are you equipped to handle the new obligations?
In this workshop, participants will build on their existing tools and expand their competencies to allow them to identify, understand and address workplace violence and harassment within the required legal framework. In addition to a discussion of the learning objectives below, participants will spend time actively engaging in scenario-based learning designed to address how tricky issues play out in practice.
This half-day (3 hour) session will cover the following topics:

  • Legislative Framework
    • The Canadian Human Rights Act
    • Part II of the Canada Labour Code
    • Work Place Harassment and Violence Prevention Regulations
  • Preventing Violence or Harassment
    • Key employer obligations
    • Providing appropriate training
    • Policy development and review
    • Understanding the roles of management, supervisors and employees
  • Negotiated Resolutions
    • Addressing and resolving complaints effectively
    • The conciliation process
  • Workplace Investigations
    • Effective and thorough questioning techniques
    • Minimizing the potential for bias in the interview process
    • Key requirements for the complainant, respondent, and witness interviews
  • Reaching Defensible Findings of Fact
    • How to assess credibility and reach a conclusion on what happened
    • Dealing with “he said, she said” situations and other difficult factual scenarios
  • Is it a Policy Breach?
    • Determining when conduct may constitute discrimination, violence, or harassment
    • Reporting obligations