Today, the federal government tabled its Budget 2013, Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013. Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan administrators will be available shortly on our website.
Business Operation: Ontario
Divisional Court Confirms that Section 80(3) of the PBA Deems Employment to Continue Following Sale of Business
In Ontario Pension Board v. Ratansi, the Ontario Divisional Court confirmed that the Pension Benefits Act (“PBA”) deems that following a sale of business transaction, both employment and pension plan membership continue under the predecessor employer’s pension plan while the employee continues in employment with the successor employer. The decision overturns an earlier decision of…
College Update – Second Edition
Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particular interests. In this edition we discuss labour…
Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern
Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…
Certain Sections of Helping Families in Need Act Proclaimed into Force
Sections 15, 16 and 21 of the Helping Families in Need Act (“Act”) have been proclaimed into force effective March 24, 2013. Sections 15 and 16 amend the Employment Insurance Act (“EI Act”) to allow insured and self-employed persons who are in receipt of employment insurance (“EI”) parental benefits to qualify for EI sickness benefits…
OLRB Dismisses Duty of Fair Representation Applications Against OECTA
On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….
Sale of Assets and Hiring of Former Employees of Defunct Business not Sale of Business within LRA: OLRB
In a recent case, the Ontario Labour Relations Board (“OLRB”) helped clarify what situations will trigger the operation of the sale of business provisions of the Labour Relations Act (“Act”) particularly when a business purchases the assets and premises of an organization which is unionized. This case may provide guidance for an organization which is…
OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009
On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…
Leaves to Help Families Act Introduced
On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences: Family Caregiver Leave Employees would be entitled to take an unpaid leave of absence to provide care or support…
Certain Old Age Security Amendments Contained in Federal Budget Bill Now in Force
The federal government has fixed March 1, 2013 as the day sections 449, 450 and 453 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. These sections amend the Old Age Security Act to provide for automatic enrolment of eligible persons for Old Age Security (“OAS”) pensions, to allow an eligible person…