On May 29, 2024, a board of arbitration (Board) chaired by Arbitrator William Kaplan issued its decisions on two interest arbitration cases in the school board sector which addressed outstanding compensation issues between the Ontario Secondary School Teachers’ Federation (OSSTF), the Crown, and the Ontario Public School Boards’ Association (OPSBA) in respect of secondary school…
Author: Hicks Morley
Important Regulatory Amendments Impact School Board Member Codes of Conduct
New regulations under the Education Act provide express obligations and prohibitions that must be included in a school board’s code of conduct for its board members. The regulations also set out new requirements around integrity commissioners. This article explains these new requirements and what a school board will need to do now to bring itself…
Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Becoming a Program Signatory to the SDRCC/OSIC
Introduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…
COVID-19 Tests Are Not Genetic Tests for the Purpose of the Canada Labour Code
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Summer 2024 Updates for Social Services Employers
Dear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Federal Government Passes Legislation to Ban Replacement Workers
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….
Reminder: Temporary Help Agency and Recruiter Licensing Takes Effect on July 1, 2024
Readers are reminded that the new licensing regime for temporary help agencies (THAs) and recruiters operating in Ontario will take effect July 1, 2024. If you operate as a THA or recruiter, or if you use the services of THAs or recruiters, please read on. If you are doing business in Ontario as a THA…
Federal Court Issues Updated Notice Regarding the Use of AI in Court Proceedings
In light of the increasing use of Artificial Intelligence (AI) in the legal profession, the Federal Court has issued an updated notice regarding the use of AI in Court proceedings (Notice). The Notice implements procedural safeguards for the use of AI in legal proceedings and imposes certain duties on counsel with respect to AI use….
Highlights of the 2024 Federal Budget and Budget Bill
On May 2, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, for first reading. Bill C-69 contains legislation that, if passed, would enact certain measures outlined in the 2024 Budget, “Fairness for Every Generation” (Budget) that was previously tabled on…