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Upcoming: A New Framework for the Grievance Arbitration Process in Quebec
On April 24, 2025, Labour Minister Jean Boulet tabled Bill 101, An Act to improve certain labour laws, in the National Assembly of Québec. This new omnibus bill proposes some 20 measures to amend legislative provisions, including those regarding the grievance arbitration process set out in the Labour Code. The proposed measures that concern grievance arbitration include the following: Establishment of a maximum time limit of six months to appoint an arbitrator and of one year to hold a first hearing: An arbitrator will have to be appointed within six months of the grievance being filed. If this does not occur, the party that filed the grievance will have to ask the Minister to appoint one within 10 days after the time limit has elapsed, failing which the party will be deemed to have withdrawn its grievance. However, it will be possible for the party to apply to the Administrative Labour Tribunal to have the time limit extended by 10 days if it can show that it was impossible to act. The first day of a grievance hearing must take place no later than one year after the grievance is filed. It will be possible to extend this time limit once only and for a specific number of days if the parties so request and the arbitrator agrees. Grievances filed before these new provisions come into force will not be subject to the new process. The provisions would also not apply to the public and parapublic sectors. Requirement that parties consider mediation before resorting to arbitration and introduction of measures specific to the process. Mandatory disclosure of evidence between the parties within the time limits set at the pre-hearing conference, or, failing that, at least 30 days before the hearing. Two exceptions are provided for: when an urgent situation arises or unless otherwise decided to ensure the proper administration of justice. Proof that a copy of the evidence was provided will have to be sent to the arbitrator. Requirement for the arbitrator to hold a pre-hearing conference when one of the parties requests one. These are just a few of the changes proposed by Bill 101, which also includes several other measures, such as: Measures aimed at maintaining the employment relationship for an employee who is absent because of a public health rule, or because of a disaster, as defined in the Act respecting civil protection to promote disaster resilience (chapter S-2.4). Heftier fines for criminal offences under the Act respecting labour standards and the Labour Code. A requirement for associations to present their audited financial statements at annual general meetings and to make them available to members on request. Measures concerning the health and safety of workers as well as the occupational health and safety compensation system. Bill 101 must go through a number of stages, including special consultations and public hearings, before its provisions come into force. More articles to come on this subject!
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Reminder: Canada’s Modern Slavery Act Report Due by May 31, 2025
Many Canadian entities and other entities conducting business in Canada have reporting obligations under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Modern Slavery Act”), which came into effect on January 1, 2024. These obligations include completing an online questionnaire and filing an annual report on the steps taken to prevent and reduce the risk of forced labor or child labor in their supply chain. The Modern Slavery Act applies to government institutions producing, purchasing or distributing goods in Canada or elsewhere, and to “entities” producing goods in Canada or elsewhere or importing goods produced outside Canada or controlling such entities. An "entity" refers to organisations that are listed on a Canadian stock exchange or have a business presence or assets in Canada and satisfy certain thresholds related to assets, revenue, or number of employees. As organizations prepare for the upcoming reporting deadline of May 31, 2025 - a second report for many - they should consider the following: It is useful to review guidelines, which were updated by Public Safety Canada in November 2024 to clarify key terms such as assets, goods, and importer. Failure to submit the report in accordance with the Modern Slavery Act may result in substantial penalties, including fines and potential liability for the directors, officers, and employees involved. The report must encompass a broad range of information, receive approval from the entity's governing body, and include the required attestation. Sufficient resources and time should therefore be allocated to the preparation and approval of the report. In summary, reporting entities and governmental institutions subject to the Modern Slavery Act should promptly review their obligations and gather the necessary information for their reports. Timely and accurate reporting is crucial to avoid legal and financial consequences. For assistance or clarification on compliance with the Modern Slavery Act, please contact Mylène Vallières at mvallieres@lavery.ca.
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Landmark Decision from Quebec Superior Court Recognizes Multi-Parent Families
Montreal, May 12, 2025 – Lavery is pleased to acknowledge the landmark decision rendered on April 25 by the Quebec Superior Court, which, for the first time, legally recognizes that a child may have more than two parents. This ruling represents a significant development in Quebec law, introducing a new legal reality in matters of filiation. “This decision shakes the very foundations of filiation law as we know it in Quebec. Not only does it acknowledge the lived reality of many families, it also opens the door to a more inclusive understanding of parenthood,” stated Marc-André Landry, partner at Lavery, who represented one of the families on a pro bono basis. “It’s a crucial step toward greater equality for all children, regardless of the family model they are part of.” The judgment follows a constitutional challenge brought forward by three multi-parent families, represented by several law firms, including Lavery. Justice Andres Garin struck down 44 provisions of the Civil Code of Québec, finding them discriminatory toward families made up of more than two parents. He granted the provincial legislature a 12-month period to amend the Code accordingly. Invoking the Canadian Charter of Rights and Freedoms, the Court found that the two-parent limit on filiation infringes on the right to equality for children and parents in non-traditional family structures. The judge also ordered that the name of the third parent be added to the birth certificate of the child in question, recognizing the legal, social, and psychological impacts of denying such recognition. Beyond the symbolic inclusion on a birth certificate, filiation establishes access to essential responsibilities and protections: custody, financial support, inheritance, insurance, medical decisions, and more. While Ontario, British Columbia, Saskatchewan, and Newfoundland and Labrador already recognize multi-parent families, Quebec is now joining their ranks. Justice Garin emphasized that although the Civil Code does not explicitly prohibit more than two parental links, its structure has effectively blocked recognition of multi-parent filiation. Lavery is proud to have contributed to this groundbreaking legal advancement, which could set a precedent in Canada. This decision — already being compared to the one that opened the door to marriage equality in the early 2000s — highlights the importance of a law that evolves with today’s social realities. About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.
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Nine Lavery lawyers recognized in the 2025 edition of Benchmark Litigation
Lavery is pleased to announce that seven of its lawyers have been recognized as leaders by Benchmark Litigation Canada 2025. This directory ranks the leading litigators involved in Canada's landmark litigation cases who have distinguished themselves in the legal profession by providing outstanding service to clients. The following lawyers received the Litigation Star distinction in the 2025 edition of the directory: Laurence Bich-Carrière Myriam Brixi Raymond Doray Nicolas Gagnon Marc-André Landry Martin Pichette Ouassim Tadlaoui Jonathan Warin The following lawyer received the Future Star distinction in the 2025 edition of the directory: Céleste Brouillard-Ross These recognitions are further demonstration of the expertise and quality of legal services that characterize Lavery's professionals. About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Quebec, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.
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Five partners named Canadian leaders in Infrastructure Law by Lexpert
On April 30, 2025, Lexpert recognized the expertise of five of our partners in its 2025 Lexpert Special Edition:Infrastructure. Jean-Sébastien Desroches, Nicolas Gagnon, Édith Jacques, Marc-André Landry and André Vautour now rank among Canada’s leaders in supporting economic players in the infrastructure industry. Jean-Sébastien Desroches practises business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He has had the opportunity to steer several major transactions—complex legal operations, cross-border transactions, reorganizations, and investments—in Canada and at an international level on behalf of Canadian, American, and European clients and international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial, and renewable energy sectors. Nicolas Gagnon focuses his practice on construction law and suretyship. He counsels contractors, public and private sector clients, professional services firms as well as surety companies at every stage of construction projects. He advises clients on the public bidding and procurement processes and participates in the negotiation and drafting of contractual documents involving various project delivery methods, such as public-private partnership projects and design, construction, financing and maintenance contracts. In addition to advising various construction industry stakeholders on construction management and any claims that may arise, he also assists them with dispute resolution processes. Édith Jacques is a partner in the Business Law Group in Montréal. She specializes in mergers and acquisitions and commercial and international law. Édith acts as strategic business advisor for medium to large private companies. Marc-André Landry is a member of the Litigation and Conflict Resolution group and focuses his practice on commercial litigation. He frequently assists his clients in resolving their disputes through negotiation, mediation or arbitration, or before the various courts of law. Over the years, he has represented businesses in many sectors, including construction, real estate, renewable energy, conventional energy, new technologies, financial services and pharmaceuticals. André Vautour practises corporate law and commercial law, and is specifically interested in corporate governance, strategic alliances, joint ventures, investment funds, and mergers and acquisitions of private companies. He also practises technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.
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