In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary.

Legislative Developments

Federal

1. CLC Amendments Strengthen Prohibition Against Misclassification of Workers and Require Federally Regulated Employers Implement Disconnecting from Work Policy

On June 20, 2024, Bill C-69, Budget Implementation Act, 2024, No. 1, was enacted. Among other things, Bill 69 strengthened the prohibition in the Canada Labour Code (CLC) against misclassification by adding the following to Parts I and II of the CLC (and by making similar amendments to Part III of the CLC):

• A presumption that a person who is paid remuneration by an employer is their employee unless the employer proves otherwise (i.e., the burden of proof is on the employer);
• A prohibition against employers treating an employee as if they were not their employee; and
• A complaint process to be used by employees when the presumption and prohibition are contravened.

These amendments, which came into force on June 20, 2024, challenge an employer’s ability to characterize workers, including gig workers, as independent contractors, thereby making the rights, protections, and entitlements of employees under the CLC, accessible to them (unless the employer proves these workers are not their employees).

Bill C-69 also requires federally regulated employers to implement a...

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