Publications

Quebec’s 2022 Immigration Plan: welcome flexibility for employers in the manufacturing sector

This article first appeared in French in the December 2021 issue of the Journal des Parcs industriels of the Corporation des parcs industriels du Québec (the Quebec Industrial Parks Corporation).

The pandemic has not made recruiting either local or international workers easy for companies in the region. Many employers who initially relied on temporary foreign workers to fill their human resources needs have faced numerous obstacles before their recruits can join their work teams—difficulties partly related to the considerable lengthening of processing times by government authorities.

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From idea to reality: planning a construction project from a legal perspective

This article was first published on Propulsion website, November 2021.

We have all, at one time or another, witnessed the poor execution of a great idea.

The first film adaptation of Frank Herbert’s masterpiece Dune, by David Lynch in 1984, is a prime example of this phenomenon—but the same thing can happen with construction projects.

How can we make it work?

Here are some elements that, while not exhaustive, can help limit the risks of failure.

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Quebec returns to remote work to combat the Omicron variant: what employers need to know

At a press conference on December 14, 2021, the Minister of Health and Social Services, Christian Dubé, announced new public health guidelines in response to the rise in COVID-19 cases in Quebec and the arrival of the Omicron variant—a variant two to three times more contagious than the earlier Delta variant— in Ontario. Among other responses, the government is asking employers to encourage employees to work from home again. The Treasury Board has already instructed all its employees to work from home.

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Overview of the recent decision involving Gaspé Énergies

In a voluminous 87-page decision, the Court of Quebec recently overturned a review decision by the Minister of Energy and Natural Resources (hereinafter the Minister). The Court returned the case to the Minister to decide on Gaspé Énergies’ application for authorization to conduct exploratory drilling, taking into account the Court’s reasons for judgment, which found section 23 of the Regulation respecting petroleum exploration, production and storage on land (hereinafter the Regulation) to be inoperative. The decision also found that the reasons for the Minister’s review decision were insufficient.

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Human Rights: Commission or Arbitrator?

On October 22, 2021, the Supreme Court issued a decision in the Horrocks case regarding the respective jurisdictions of labour arbitrators and human rights tribunals. Although the original decision was handed down in Manitoba, the Horrocks ruling is of some interest to Quebec employers.

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Recent decisions regarding mandatory vaccination policies

In October, the Quebec government announced that vaccination would be mandatory for health care workers but did not provide guidance for other economic sectors. In the absence of provincial government directives on mandatory vaccination in the workplace, employers must justify this measure based on the specifics of each job. Recent Ontario arbitration awards, as well as a Quebec decision, demonstrate the intricacies of this situation.

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