The Court of Appeal for Ontario has set aside a decision of the Divisional Court and upheld a decision of the Human Rights Tribunal of Ontario (“HRTO”) which found that race and colour were factors in a librarian’s decision to ask the applicants for identification when they were using a lawyers’ lounge operated by the…
Business Operation: Ontario
Ontario Budget Bill Passes Third Reading, Legislature Adjourns
On June 11, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013 passed Third Reading on recorded division. As previously reported, Bill 65 is legislation which will give effect to certain initiatives contained in the Ontario Budget 2013. On the same date, the Ontario Legislature adjourned until September 9, 2013. Note: On June…
New Federal Regulations Proposed for Health and Safety Committees/Representatives
On June 8, 2013, the federal government published proposed Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (“Regulations”) made under the Canada Labour Code (“Code”). The proposed Regulations would replace the Safety and Health Committees and Representatives Regulations (“SHCRR”) to align the Regulations with amendments made to the Code in 2000, which…
Amendment to PBA Solvency Funding Relief Regulation Adds Public Sector Plans
On June 10, 2013, the Ontario government filed O. Reg. 181/13, amending O. Reg. 178/11, (Solvency Funding Relief for Certain Public Sector Pension Plans) made under the Pension Benefits Act. Among other things, O. Reg. 181/13 revokes and substitutes Schedule 1, Public Sector Pension Plans Receiving Stage One Solvency Funding Relief, to add a number…
Ontario Budget Bill Referred to Committee
On June 5, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, carried on recorded division at Second Reading and was ordered referred to the Standing Committee on Finance and Economic Affairs. As previously reported, Bill 65 is legislation which, if passed, will give effect to certain initiatives contained in the Ontario Budget…
Provisions of Helping Families in Need Act Proclaimed Into Force
The federal government has fixed June 9, 2013 as the day subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force. These sections amend the Canada Labour Code to provide an unpaid leave to an eligible federally regulated employee whose child…
Written Notice of Termination Upheld Where Employees Could Not Work during Notice Period
Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…
Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?
In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…
A Lower Cover Charge for Women on “Ladies Night” is not Discriminatory
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
Ontario Introduces Electronic Personal Health Information Protection Bill
On May 29, 2013, the Ontario government introduced Bill 78, Electronic Personal Health Information Protection Act, 2013. If passed, Bill 78 would amend certain statutes with respect to electronic health records. Such amendments would, among other things, add Part V.1, “Electronic Health Records” to the Personal Health Information Protection Act, 2004 (“PHIPA”) which includes: requiring…