Publication
Ontario’s Working for Workers Five Act receives royal assent
On October 28, Bill 190, Working for Workers Five Act, 2024 received royal assent.
Author:
Canada | Publication | August 28, 2023
Accessibility Standards Canada has released a public review draft of the Accessible Canada Act (ACA) Standard on Employment (the Draft Standard). Public feedback will be accepted until October 17, 2023. We encourage federally regulated employers to review the Draft Standard with a view to its application in their workplaces, and to offer feedback to inform any final version.
Accessibility Standards Canada (ASC) requires federally regulated organizations in both the private and public sectors to adopt and publish accessibility plans detailing the organization’s policies, programs, practices, and services in relation to identifying and removing barriers faced by persons with disabilities. Employers are also required to create progress reports on accessibility plans and establish feedback processes for consulting on accessibility initiatives.
The ACA anticipates the development of “standards,” which are essentially codes of organizational conduct intended to remove barriers and improve accessibility in the following areas:
ASC is the statutory body created by the ACA to develop these standards. The standards developed by ASC are initially voluntary, but may become law if adopted as a regulation under the ACA by order of the Governor-in-Council. The Draft Standard is ASC’s first effort at expanding on accessibility principles for the areas listed above.
Given that the Draft Standard may become a final standard, and may ultimately be adopted as a regulation, it is important for federal jurisdiction stakeholders to review its contents for application in their workplaces.
The Draft Standard specifies requirements for a “documented and systemic approach to developing, implementing and maintaining accessible and inclusive workplaces.” Its “requirements” are aimed at all stages of the employment life cycle, including:
Many of the guidelines established by the Draft Standard are focused narrowly on the practical elimination of common barriers. For example, the Draft Standard requires that:
Guidelines like these are likely familiar to employers with experience accommodating employees with disabilities under human rights legislation.
Much of the Draft Standard expands beyond practical barrier identification and removal to focus on systemic, organizational change. For example, the Draft Standard requires that organizations:
Requirements like these are very broadly worded and it is not clear what compliance will entail.
As it stands, the Draft Standard will benefit from detailed review and commentary by federally regulated organizations who will ultimately be expected to implement these recommendations.
The author wishes to thank Rachel McDonald, summer law student, for her contribution to preparing this legal update.
Publication
On October 28, Bill 190, Working for Workers Five Act, 2024 received royal assent.
Publication
The Federal Court of Appeal’s 2023 decision in Canada (Attorney General) v Benjamin Moore & Co [Benjamin Moore FCA] overturned the Federal Court’s decision in Benjamin Moore & Co. v. Canada (Attorney General) [Benjamin Moore FC] that had previously established a new test for patentable subject matter in computer-implemented inventions.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023