LAWS & ANNOUNCEMENTS

Hazardous Substances

Sep 14: That’s the deadline to comment on proposed changes to Health Canada Pest Management Regulatory Agency (PMRA) regulations that would allow for registration of pesticides for emergency control of seriously detrimental pest infestations. Emergency registration would be available only when currently registered pesticides and non-chemical control methods or practices are insufficient to manage the infestation.

Action Point: Find out about the key laws regulating pesticides use in Canada.

New Laws

Aug 22: That’s the deadline to comment on planned regulations to implement newly passed legislation (the Free Trade and Labour Mobility in Canada Act) to reduce barriers to interprovincial trade and labour mobility. Under the Act, federal laws that had been holding back the flow of goods, services, and labour in federally regulated industries would be repealed to the extent they apply to a province or territory that has adopted equivalent laws dealing with the issue.

New Laws

Aug 1: Ottawa extended temporary tariff rate quotas (TRQs) on steel mill products imported into Canada to include countries that do have a free trade agreement with Canada, other than the U.S. and Mexico. The TRQs, set at 2.6 million tonnes, will result in the imposition of a 50% surtax on steel imports above 2024 levels. For countries without free trade agreements with Canada, the quota for tariff-free imports is reduced to 50% of 2024 levels with a 50% surtax on steel imports above the threshold.

Action Point: Find out how tariffs will affect your OHS program.

New Laws

Aug 8: The Canadian Government announced that it’s lowering the price cap for seaborne Russian-origin crude oil from US$60 to US$47.60 per barrel. The lower price cap will weaken Russia’s ability to fund its war against Ukraine. The Government also suggested that it will consider further reductions in the future, as the situation dictates.

New Laws

Jul 14: Under Ottawa’s new Interim Policy on Reciprocal Procurement, suppliers from countries that limit Canadian access to their own government contracts will be subject to restrictions from bidding on Canadian federal contracts. The Policy will prioritize suppliers from Canada and outside trading partners that provide reciprocal access to suppliers from Canada through trade agreements.

New Laws

Aug 1: As the Gaza crisis deepens, the federal government extended the temporary measures taken in December 2023 to allow Palestinians in Canada to apply for a fee-exempt study permit, open work permit, temporary resident permit or extension of their temporary resident status. The special measures also apply to foreign national family members of Canadian citizens and permanent residents who left Gaza on or after October 7, 2023, when the war began.

Environmental

Jul 30: The federal Green Freight Program announced that it’s investing over $21 million to support 9 research, development and demonstration projects aimed at developing new technology to reduce greenhouse gas emissions from the transportation sector.

CASES

Return to Work: No Duty to Create New Position for Injured Worker Who Refuses to Relocate

A railway conductor based in Kenora who suffered permanently disabling back injuries at work wanted to return to a sedentary, administrative job. But the only suitable permanent positions available were in larger centres like Calgary and Winnipeg and the conductor was unwilling to relocate. So, the railway closed his file and the union sued it for failing to make reasonable accommodations. The federal arbitrator dismissed the grievance. The offered jobs outside Kenora were suitable and the railway didn’t have to bundle up a new position just so the conductor could stay in Kenora. Employers need offer only “reasonable,” not “perfect” accommodations, the arbitrator reasoned [Canadian Pacific Kansas City Railway v Teamsters Canada Rail Conference, 2025 CanLII 74198 (CA LA), July 7, 2025].

Action Point: Find out how to implement a legally sound Return to Work Compliance Game Plan for injured workers.

Safety Management: OHS Officers Can Belong to a Union

An employer argued that OHS officers shouldn’t be allowed to belong to a union because of their duty to make objective findings and decisions about workplace health and safety that may be against the interests of the union. But the federal labour Board didn’t buy it and refused to issue an order excluding 39 OHS officers from the bargaining unit. The federal court ruled that the Board’s ruling finding no inherent conflict of interest in serving as an OHS officer and being in a union. reasonable and tossed the employer’s appeal [Canada (Attorney General) v. Public Service Alliance of Canada, 2025 FCA 126 (CanLII), June 26, 2025].