Publication
Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Canada | Publication | 二月 2020
Since the first cases were reported to the World Health Organization on December 31, 2019, the coronavirus has been declared a global emergency and indeed an issue of pressing concern in the workplace.1 As of now, a limited number of cases have been reported in Canada, namely in Ontario and British Columbia. As a result, employers in Quebec are looking at what impact the coronavirus may have on their operations, how best to manage employees in the circumstances, and what they can do to help prioritize health and safety in the workplace and at large.
In Quebec, employers can expect to manage five types of absences:
Employees absent due to the above-mentioned reasons may be entitled to:
As mentioned, employers may also have to deal with an employee's refusal to work for fear of contracting the coronavirus. A right of refusal may be exercised under the Act respecting occupational health and safety if a worker has reasonable grounds to believe performing particular work would expose him or her to danger to his or her health, safety or physical well-being or would expose another person to a similar danger. To date the Commission de la santé et de la sécurité du travail (Quebec’s occupational health and safety commission) has not issued any directives regarding such possibility in the context of the coronavirus.
For federally regulated employers, Part II of the Code also provides for an employee's right to refuse to work in dangerous situations. And since September 1, 2019, employees may now refuse overtime under Part III of the Code to tend to family-related obligations, which can include taking care of a family member.
Importantly, if employees are asked not to come to work, employers should consider whether they will be compensated during their absence.
In addition to absenteeism, employers must be mindful of their obligations under Quebec’s Act respecting occupational health and safety, which includes taking necessary measures to protect the health and ensure the safety and physical well-being of workers, including concerning the spread of a contagious virus such as the coronavirus. Likewise, federally regulated employers are required under Part II of the Code to "ensure that the health and safety at work of every person employed by the employer is protected." Consequently, employers should consider the following:
It is still too early to know the impact the coronavirus will have on employers in Canada. What is clear, though, is employers can help prevent and manage the spread of the virus by engaging in sound practices that prioritize the health and safety of those in the workplace. As this situation evolves, employers and employees alike would be wise to follow all directives from Canadian and Quebec public health authorities.
For additional information about the coronavirus, please visit the Government of Canada’s website: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
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