www.canadianlawyermag.com 25
But, as they say, the devil is in the details,
and there are not yet many details about how
this right-to-disconnect law will work. The
act states that the written policy must contain
such information as may be prescribed by
regulation. However, no regulations have
been passed under that provision, and there
is no guarantee that such regulations will be
passed. So, if an employer with 25 or more
employees drafts and distributes a policy
"with respect to" disconnecting from work,
at this point the employer has complied with
the act as currently written.
Holly Reid, a partner at Blake, Cassels
& Graydon LLP, says employers as well as
employment and labour law practitioners
are eagerly waiting for what the regulations
might say, especially since the deadline for
meeting the act's requirement is June 2 of
this year. Among the questions are: Will
there be exemptions or exceptions? If the
right to disconnect can be breached by urgent
"With COVID-19, we're no longer
capable of monitoring when people
are logging on and off and how they're
working from home"
Lisa Cabel, KPMG Law
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