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Canadian workers aren't entitled to bathroom breaks, lawyer says – CTV News

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TORONTO —
In Hamilton, Ont., the union representing bus drivers reached a last-minute deal with the city on Wednesday to narrowly avoid a strike.

A week earlier, Ottawa’s bus service came under fire when one of their drivers wrote a scathing open letter concerning his working conditions.

Last month, a bus drivers’ union in Vancouver averted a strike by coming to an agreement with the city.

In all of those cases, the issue of bathroom breaks was a primary concern for bus drivers who work long hours on tight schedules with few opportunities for bathroom breaks.

Bus drivers aren’t alone, either.

For workers in other industries, such as trucking, food production, or auto parts assembly, where an abrupt pause can delay the entire operation, bathroom breaks can be a point of contention between employers and employees.

In the case of the Ottawa bus operator, Chris Grover, he wrote in his open letter to the Ottawa Citizen newspaper that OC Transpo drivers have virtually no time between runs and sometimes don’t even get a minute for a bathroom break.

“I have personally worked a ten-hour shift where the longest break on paper was 5 minutes, and I was 29 minutes late after my second trip,” he wrote.

And while Grover is a member of Amalgamated Transit Union (ATU) Local 279, which is advocating for his and his colleagues’ rights, other non-unionized workers in Canada have little recourse if they’re penalized for taking too long or too many bathroom breaks in the workplace.

That’s because there are no statutes in any jurisdiction in Canada that deal directly with bathroom breaks or unscheduled personal breaks.

Under the Canada Labour Code, all employees are entitled to an unpaid 30-minute break after a period of five consecutive hours of work. However, that is usually intended for meals and not bathroom breaks, specifically. These breaks can also be cancelled by employers as long as the worker is paid to work through that time.

Paul Champ, an Ottawa-based labour and human rights lawyer, said bathroom breaks aren’t specifically addressed in provincial labour laws because they are left up to the “reasonableness and common sense” of employers.

“It’s left to the common sense and reasonableness of the employer and in most cases you would hope that common sense and basic dignity would win out,” he told CTVNews.ca during a telephone interview on Friday morning.

Most of the time, regular visits to the bathroom are not a “big deal” for employers, Champ said.

However, there are times when workers require special accommodations, for instance, when a medical condition or disability requires them to visit the bathroom more often or for longer periods of time.

In those cases, Champ said a doctor’s note will usually take care of the problem. If not, he said the employee may be able to file a human rights complaint for financial compensation.

“There are some court cases like that in Canada where people get $2,000 – $3,000 for being denied a medically required bathroom break,” Champ said.

If the employee doesn’t have a medical requirement and they’re being refused a bathroom break, Champ said they will either have to reason with their employer directly or rely on their union to advocate on their behalf if they have one.

“In some of these workplaces, people are very vulnerable. Food processing and so forth, they’re usually lower income jobs, vulnerable workers, and it’s very hard for them to raise those issues,” he said.

Alternatively, Champ said workers can continue visiting the bathroom on their own schedule and if they’re fired for it, he said they may have cause for a constructive dismissal case, which concerns unjust dismissals.

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Problem gambling: 300,000 Canadians at risk, says study – CTV News

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While problem gambling affects a small minority of the Canadian population, more than 300,000 are at “severe” or “moderate risk” for gambling-related problems, according to a Statistics Canada study of gambling behaviour.

Findings from the 2018 Canadian Community Health Survey (CCHS), Gambling Rapid Response, released earlier this week, included interviews with over 26,000 respondents and are designed for longer-term research.

Despite being conducted before the pandemic, study authors note the findings provide “an important baseline” of gambling problems in Canada and make it possible to monitor changes that might occur as a result of new federal legislation that came into force in 2021, allowing single event sports betting.  The authors say such studies could help develop more effective education, prevention, and treatment strategies for those who gamble and those who face gambling-related problems.

“While it is hard to predict the future, it is possible that changes after 2018 could lead to higher percentages of Canadians gambling,” Michelle Rotermann, one of the co-authors of the report and a senior analyst in the Health Analysis Division of Statistics Canada, told CTVNews.ca in a phone interview on Friday. She said the findings from the report provide a good baseline for longer-term research and capture any changes after 2018.

According to StatCan, gambling was more prevalent among middle-aged Canadians aged 45 to 64 in comparison to other age groups. This age group was most likely (72.3 per cent) to have gambled in the past year.

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When it comes to gambling problems, the study said it was unclear exactly why more males than females developed them —although marketing, stigma, and a lack of social acceptance of gambling by women in the past have kept their participation lower. Another reason for the difference, Rotermann said, was that addictive behavior such as drug and alcohol use, which was more common amongst men than women.

Female gamblers were more inclined towards instant win lottery or online games than males. However, lottery or raffle tickets remained a popular gambling activity for both male and female respondents in 2018.

Males were three times as likely to bet on sports and twice as likely to bet at a casino table (including online).

PANDEMIC AND LEGISLATIVE CHANGES

The 2018 data provides what the trend may look like after COVID-19 and the introduction of a new law.

Sports betting, for example, could gain popularity given the recent developments in the gambling industry. “If that is the case, a priority for both research and policy will be determining if greater popularity for such activities is associated with an increase in the prevalence in gambling problems,” the report said.

Valerie Di Gregorio, manager of Counselling and Treatment at CMHA Thames Valley Addiction & Mental Health Services, London, told CTVNews.ca that while sports betting has been around for years –accessibility and modernization mean more exposure and opportunity for gambling.

But there are standards and practices and programs such as self-exclusionary programs that can support one’s gambling recovery and mental health.

Pandemic-induced stress and disruption may have influenced gambling activities, along with alcohol and drug consumption. Even though it was too early to determine, the report said that access to gambling platforms/websites, and an increased amount of time spent online during lockdowns, could have resulted in growing risks of problem gambling—which is recognized as a public health concern.

With lockdowns and casinos closed, some gamblers resorted to online gaming to place their bets and this may result in a shift from the 2018 gambling habits.

During COVID-19, data gathered by Statistics Canada in a separate report in 2021 showed that 90 per cent of younger Canadians aged between 15 and 34 had done more activities online than pre-COVID.

But besides the pandemic, evolving gaming technologies and changes in the legislative framework may also influence gambling habits in the future, the report said.

Laithwaite said legalization makes it more desirable and this could lead to more people indulging in gambling.

Legalization of single-event sports betting in Canada under the Safe and Regulated Sports Betting Act in late August 2021 allows provinces and territories to offer and regulate the activity as they see fit and led to the launch of Ontario’s igaming market in April 2022.

Nearly two months after a regulated market for online gambling was launched by the Ontario government, traffic for online bets increased sharply. It flooded the market with advertising and promotional messages—encouraging players to sign up on a number of platforms, according to a report by Ipsos.

Laithwaite said betting ads on platforms such as television or streaming channels just make it really easy for someone with pre-existing mental health or anxiety to buy into it.

“We forget that this is actually a business and the business is to make money,” she said.

According to a report by Deloitte, under the new Act, an estimated $14 billion spent annually would move from unauthorized and unregulated controlled markets to legal sectors, where it can be monitored and taxed appropriately. About 84 per cent of ardent bettors, surveyed by Deloitte last year, said that they’ll definitely or probably play other online casino games through sports-betting sites after the legislative changes.

The survey showed that the most popular platform for ardent bettors for sports betting was regular television. This could be partly due to the heavy volume of advertising on sports betting showing up on TV screens.

“As more Canadians become aware of Ontario’s regulated market situation — and are exposed to the heavy volume of advertising spilling over into the rest of Canada —some of these figures may rise,” according to Ipsos.

Most Canadian provinces have set up online gambling venues that are regulated and licensed to provide online gambling in Canada. But other online, unregulated gambling platforms in Canada are also relatively easy to access.

The availability of gambling opportunities in Canada has increased over time and may continue to rise. Due to new gambling technologies such as online poker and sports betting, the need for more regular and detailed monitoring becomes even more critical.

The study showed that populations more vulnerable to gambling problems included males, people from lower-income households, Indigenous people, individuals with fair or poor mental health, daily smokers, and those who participated in multiple forms of gambling activities.

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Canada not shifting to stretch supply of monkeypox vaccine yet – CBC News

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Canada will not yet shift its approach to administering monkeypox vaccines to allow them to be divided up into much smaller doses, which the U.S. has done in order to vaccinate many more people than the current strategy.

Chief Public Health Officer Dr. Theresa Tam said during a press conference Friday that Canada has no plans right now to recommend changes to the vaccination strategy to allow for fractional doses to be administered across the country.

“We’ve been connecting, of course, with our U.S. colleagues to look at their strategy and see if we can gather as much information as we can. There’s limited data, but I think it is an important approach to explore,” she said.

“But for now, working together with the National Advisory Committee on Immunization (NACI), we’re really pushing out the approach of one dose first to reach as many people as possible in our most highly impacted populations, and we will be looking at the interval and the timing and need for that second dose.” 

WATCH | U.S. moves to stretch monkeypox vaccine supply with smaller doses:

U.S. to stretch monkeypox vaccine supply with smaller doses

2 days ago

Duration 2:10

Americans will receive one-fifth of the standard dose of monkeypox vaccine as U.S. health officials look for a way to immunize more at-risk people with a limited supply of doses. CBC’s Natasha Fatah reports.

The U.S. shifted its vaccination strategy earlier this week to allow for the use of just one fifth of a full dose of the vaccine, made by the Danish company Bavarian Nordic, to stretch out supply and cover more people after the approach was deemed safe and effective. 

The vaccine will now be delivered into the skin in the U.S. rather than deeper into a muscle, after the U.S. Food and Drug Administration issued an emergency use authorization that allowed for the use of fractional doses of the vaccine to people aged 18 and older.

Vaccine supply a challenge, virologist says

“Looking at the global picture, our biggest challenge right now is vaccine supply,” said Alyson Kelvin, a virologist at the Vaccine and Infectious Disease Organization at the University of Saskatchewan in Saskatoon. 

“There’s limited supply worldwide, so we need to find strategies for containing the virus and its outbreaks, and one of those strategies is dose sparing, which is basically the approach the U.S. has taken here.” 

Kelvin said that evidence shows intradermal administration of the vaccines just under the skin provide a “very robust response” with the monkeypox vaccine, also known as Imvamune. 

A vial of the monkeypox vaccine sits on a table at a pop-up vaccination clinic in Los Angeles on Aug. 3. (Mario Tama/Getty Images)

“Considering that we want to protect as many people as possible and contain the outbreak, this does seem reasonable in a situation where there’s limited vaccine supply compared to the number of cases or the trajectory of cases,” she said.

“We have a lot less cases than the U.S. So I don’t know how that compares to our vaccine supply.” 

The Public Health Agency of Canada (PHAC) has repeatedly declined to provide the number of monkeypox vaccines Canada has in the national stockpile, citing security concerns, despite providing that number for other vaccines and other countries sharing that information.

Tam said Canada has so far deployed 99,000 vaccines to provinces and territories.

“What we want to do is watch the communities that are getting the intradermal strategy and see how protective it is, and have cases been able to be curved by this,” Kelvin said. 

“And if we’re in that situation where we find that we have not enough vaccines to go around to protect those who need it, then it would be reasonable to look at that as a strategy moving forward.” 

More than 1,000 cases in Canada

There are now 1,059 monkeypox cases across Canada, with the bulk of them in Ontario and Quebec, amid a growing global outbreak that has spread to dozens of countries around the world in the past few months. 

Tam said Canada will soon move to testing wastewater in different regions of the country to better track the spread of the disease, also known as MPXV, building off the infrastructure developed to monitor COVID-19 in the pandemic. 

“Moving forward, it could form part of our monitoring of the disease activity going up and down across the country,” she said, noting that the National Microbiology Lab in Winnipeg had developed a new method to detect the virus in wastewater. “We’ve now landed on something that can probably be utilized more broadly.”

WATCH | Canada records more than 1,000 monkeypox cases:

Canada now has more than 1,000 monkeypox cases

2 days ago

Duration 2:02

As Canada hits more than 1,000 cases of Monkeypox, public health officials say we have enough vaccine supply. In the U.S., health officials are giving smaller doses of the monkeypox vaccine to stretch limited supplies.

In Canada and around the world, the current outbreak of the disease has overwhelmingly affected men who have sex with men and can cause painful lesions that take weeks to heal.

Tam said more than 99 per cent of MPXV cases in Canada are in men and the median age of those infected is 35. Late last month, the PHAC urged gay and bisexual men to practise safe sex and limit the number of sexual partners, in an effort to slow the spread of the virus among sexual networks.

Globally, Tam said there are now more than 31,000 cases reported in more than 91 countries, with a 19 per cent increase in cases this week over the previous week.

Tam said that it was “too soon to tell” if cases were slowing or plateauing in Canada, although there may be “some early signs” that cases are not increasing at the same rate as at the beginning of the outbreak. 

World Health Organization Director-General Tedros Adhanom Ghebreyesus classified the outbreak as a global emergency late last month, calling the rapid spread of the virus worldwide an “extraordinary” situation.

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Telus asks CRTC permission to add 1.5% credit card surcharge to customer bills – CBC News

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Canadians who pay their cellphone bill with a credit card could soon see an extra fee every month, if Canada’s telecom regulator approves a proposal currently before them.

Telecom company Telus is asking the Canadian Radio-television and Telecommunications Commission (CRTC) for permission to add a 1.5 per cent surcharge to the bills of customers who pay their bill using a credit card. If approved, it would be in place starting as soon as October.

For a theoretical customer in Alberta whose cellphone bill is $100, the charge would bring their bill to $106.66 — $100 for their basic bill, plus $5 for GST, a $1.58 surcharge for the new fee on top of that, plus another eight cents in GST on the surcharge.

“The company plans to provide advance notices of the fee to its existing customers starting in mid-August,” Telus said in its letter to the regulator.

Fee could be in place by October

The company is asking the regulator to decide on the proposal by Sept. 7 and would like to start levying the new charge as of Oct. 17, and while the CRTC must rule on the matter, in a statement to CBC News the telecom company made the plan sound like a done deal.

“Starting in October, Telus mobility and home services customers choosing to make a bill payment with a credit card will be charged a 1.5 per cent credit card processing fee,” Telus told CBC News in a statement. 

The company also said in the statement that numerous other essential services already charge a fee to pay with credit cards, including the Canada Revenue Agency, the City of Toronto, and electrical and gas providers such as Enbridge, Epcor, B.C. Hydro, FortisBC and Alectra.

“This fee helps us recover a portion of the processing costs we incur to accept credit card payments, and the average cost will be around $2 for most customers,” the company said, noting that it can easily be avoided by paying through a bank, via a debit transaction, or other means. 

Although the company did not provide an exact breakdown, Telus says most of its customers currently pay via a method that would not accrue the fee.

Telus’s discount flanker brands including Koodo and Public Mobile will not be subject to the fee, nor will customers in Quebec.

WATCH | Why Canadians pay more for telecom services than many other countries: 

Do Canadians pay too much for internet and cellphone service?

28 days ago

Duration 7:34

Consumer advocate and wireless bill expert Mohammed Halabi helps explain why Canadian internet and cellphone bills are so high — and what consumers can do to negotiate lower prices.

Telus’ rationale for the move stems from a development this summer, when credit card firms including Visa and MasterCard agreed to a settlement that will see them refund millions of dollars worth of credit card processing fees that merchants have paid them over the years. Crucially, that settlement also gives businesses permission to start charging customers those fees directly starting in October, which is what Telus is trying to do.

Previously, many merchants weren’t allowed to charge customers directly for the fees that credit companies charge them for processing sales. Such fees can range from less than one per cent of the sale, to more than three per cent for some premium cards.

Because just about every part of its business is regulated by the CRTC, Telus needs the regulator to start charging fees that consumers can expect to start seeing from a variety of merchants soon.

CBC News reached out to Rogers and Bell to see if they have any similar plans in the works, but representatives of both companies did not reply to that request within one business day.

Some customers aren’t happy

Some wireless customers aren’t enthused by the idea. Kenneth Hart of Windsor, Ont., a Telus customer for 15 years, calls the plan “a money grab.”

Kenneth Hart has been a Telus customer for 15 years and he says the company is making a mistake with this new policy. (Kenneth Hart)

“It’s a bad business move,” he told CBC News in an interview. “They have some accountants telling them this is good. But then you talk about the PR costs, the reputational cost, and it could create … dissatisfaction for those customers who are already … not satisfied.”

“This could be the straw that broke the camel’s back.”

Telus only filed the application on Monday, and the CRTC has already heard from more than 200 Canadians via its website, many of which are opposed to the plan.

Steve Struthers is one of them. The resident of London, Ont., is not a Telus customer but he took the time to give his two cents to the regulator because of how opposed he is to the plan.

“Consumers are already extremely stressed with unaffordable housing, increased food prices, expensive gasoline prices and wages that are not keeping up with any of this,” he told CBC News in an interview.

“I’m quite certain they could afford to absorb a 1.5 per cent credit card fee … It bothers me knowing the cellphone companies aren’t happy with the money they’re making and they still want more in an environment where people are reaching their limit as to what they can pay.”

‘The last thing anyone needs is an additional fee’

Rosa Addario, a spokesperson for telecom watchdog OpenMedia, says the plan is just the latest way for the industry to extract more revenue from cash-strapped Canadian consumers.

“All three of our telecom providers … have reported increased profits, increased revenue and increased customers for 2021,” she told CBC News in an interview. “They are doing better than ever. This is just another way to raise our bills through shady practices and extra fees and adding things on top so that we are paying even more than we already are.”

Suze Morrison, a former Ontario MPP, is urging the CRTC to reject the proposal, noting that it will disproportionately impact people who are already financially vulnerable.

“Working class people, low income people are really struggling to make ends meet right now,” she told CBC News in an interview. “The last thing anyone needs is an additional fee just because of how they pay their telephone bill to keep their phone lines connected.”

WATCH | Canada has 3 major telecom providers. Could that change?

Could Canada grow beyond the Big 3 telecoms?

1 month ago

Duration 4:18

After a nationwide Rogers outage, John Lawford of the Public Interest Advocacy Centre talks to The National’s Andrew Chang about how Canada ended up with only three major telecoms and if that can ever change.

While credit card surcharges are creeping into many businesses, she says it’s different for a telecom utility to charge them because it is a necessity.

“A consumer has a choice to go to a mom and pop restaurant or to cook dinner at home or to go to a restaurant that’s not charging fees for credit card swipes,” she said.

“But we’ve allowed so much consolidation in our telecom industry and there’s such a monopoly in the sector that it’s not like folks can say, ‘OK, well, if you’re going to charge a fee, I’m going to take my business somewhere else.’ I have nowhere else to go.”

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