Legal Updates for Today's Workplace: Key Takeaways from Our Western Canada Webinar

July 02, 2025

TAP Network continued our Employment Law Summer Bootcamp Series last week with our Western Edition webinar. Legal experts Gavin Marshall and Christopher Munroe from Roper Greyell shared critical insights on the evolving legal landscape affecting tech employers in Western Canada.

Missed it? Here's your quick rundown of what Western Canadian employers need to know right now.

BC Pay Transparency Act: Are You Ready?

With an 85% compliance rate so far, many employers are still catching up with BC's Pay Transparency Act requirements. Here's what you need to know:

Reporting Deadlines Based on Employee Count:

  • November 1, 2024: Employers with 1,000+ employees
  • November 1, 2025: Employers with 300+ employees
  • November 1, 2026: Employers with 50+ employees

Key Requirements:

  • Reports must be posted on publicly accessible websites
  • Data should come from your most recent fiscal year or prior calendar year
  • Four gender categories must be reported: man, woman, non-binary, and unknown/prefer not to say
  • Only BC-based employees count toward your threshold (remote workers in other jurisdictions are excluded)

Priority Checklist:

  • Ensure all job postings include expected wage/salary range to comply with Pay Transparency Act requirements
  • Companies with 300+ BC employees: Start preparing Pay Transparency reports for the November 1, 2025 deadline
  • Make reasonable efforts to collect gender information from employees for reporting, following the Sex and Gender Standard guidelines
  • Track employee residency status for BC Pay Transparency reporting requirements

Pro tip: Start your pay transparency report preparation early—it involves significant work!

Looking for more tips to get ahead of the BC Pay Transparency reporting deadlines? Check out our May 7th blog post here.

 

Recent Case Law: What You Need to Know

Email Negotiations Can Become Binding Contracts

In Hungry Panda (BC 2024), pre-contractual email negotiations became a binding contract, making a later formal termination clause unenforceable.

Best Practice Tip:

  • Include clear conditional language in all pre-employment communications that employment offers are subject to signing the formal contract

Work-From-Home Arrangements Can Become Contractual Terms

Another recent case (Parolin v. Cressey Construction Corp., 2025 BCSC 741) confirmed that long-standing work-from-home arrangements can become implied contractual terms. When an employee who had worked remotely since March 2020 was directed to return to the office, the court found this constituted constructive dismissal.

Takeaway: Work arrangements allowed by managers can become binding terms of employment.

 

Managing Uncertainty: Layoffs and Offer Letters

Temporary vs. Permanent Layoffs

  • Temporary layoffs require explicit contractual permission to avoid constructive dismissal claims
  • BC timeframe: 13 weeks in any 20-week period
  • Alberta timeframe: 90 days in any 120-day period (with some exceptions)
  • Permanent layoffs are treated as terminations without cause and may require longer notice periods during economic downturns

Rescinding Offer Letters

If you've extended and had an offer accepted, but need to rescind it before the start date:

  • This constitutes a breach of contract
  • Could require common law reasonable notice (potentially 2-3 months)
  • Consider including termination clauses that expressly apply before start dates

Best Practice Tips:

  • Review and update employment contracts to ensure termination clauses are province-specific for different jurisdictions
  • Remove "at any time" language from termination clauses in employment contracts to avoid potential legal issues
  • Include clause in employment contracts requiring employees to notify and get approval for province changes, and potentially sign new agreements

 

Union Activity in Tech

Various unions are pushing to increase representation in the tech sector:

  • IATSE has unionized some animation studios across BC
  • BC union certification requires 55% employee signatures for automatic certification without a secret ballot
  • The new United Video Game Workers is described as an industry advocacy organization collecting employee information, not a legal union under BC Labor Relations Code

Takeaway: Consult a labor lawyer immediately if you see any indication of union organizing activity in your workplace.

 

What's Next?

Staying informed about these legal updates is crucial for People and Culture leaders in the Canadian tech sector. TAP Network is committed to providing our members with the resources and expertise needed to navigate these changes effectively.

TAP Network members: Don't miss the next event in our Employment Law Summer Bootcamp Series: Immigration Edition on July 8, 2025, with EY Law LLP.

 

*Learn more about all the → benefits of membership 

This blog post is for information only and isn't legal advice. Always check with your legal counsel for guidance specific to your situation.