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Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
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Canada | Publication | November 10, 2022
As we discussed in a previous blog post, the Canada Labour Code (Code) will soon require federally regulated employers to provide paid medical leave. As of December 1, 2022, employees working in a federally regulated workplace will be entitled to earn up to 10 days of paid medical leave per year.
Here’s what federally regulated employers should know:
On November 7, 2022, the federal government published the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay), as well as Interpretation, Policy and Guidelines (IPG) 118 and 119. Together, these regulations and IPGs provide further clarity on some of the mechanics of the new leave entitlements, such as:
We highlight IPG - 119, which states that employees cannot stack their benefits under an existing contract or collective agreement and the Code if the medical leave provisions under the former are superior in scope and conditions to those provided by the Code. This means taking a day of leave that is provided for by a contract or collective agreement may reduce the entitlement under the Code accordingly. Although IPGs are not legally binding, adjudicators do look to them, and IPG - 119 provides helpful guidance for employers wondering if their employees will soon be entitled to anything more than they already receive.
Federally regulated employers who currently provide employees with less than the new medical leave entitlements under the Code should begin to prepare for their new obligations. In particular, existing policies and entitlements may need to be updated and/or enhanced to be in line with the Code.
The author wishes to thank Brian Wood, articling student, for his contributions in preparing this legal update.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The European Court of Human Rights (ECtHR or the Court) recently ruled in Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland (Application No. 53600/20) that Switzerland had breached the European Convention of Human Rights (the Convention) by not taking sufficient action against climate change. In particular, it found a breach of the right to respect for private and family life contained in Article 8 of the Convention, based on Switzerland’s failure to mitigate the impact of climate change on the lives, health, well-being and quality of life of its citizens. It also ruled that Switzerland had breached the right to a fair trial in terms of Article 6, in that the domestic courts failed to examine the merits of the applicants’ complaints, including the scientific evidence. In this article we consider the key features of this landmark judgment, which has wide ramifications for Member States of the Convention.
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