On April 16, 2013, the Ontario government filed O. Reg. 135/13, revoking O. Reg. 573/99 and O. Reg. 222/10 made under the Apprenticeship and Certification Act, 1998. On the same day, O. Reg. 136/13 was filed, revoking O. Reg. 223/10 made under the Trades Qualification and Apprenticeship Act. O. Reg. 135/13 and O. Reg. 136/13 came…
Business Operation: Ontario
Arbitrator Finds Video Surveillance Reasonable in Light of Safety Issues in the Workplace
A recent arbitration award has confirmed that where an employer has legitimate concerns regarding safety in the workplace, it may install and operate video surveillance. This decision, which involved surveillance in a fire station to ensure equipment was not tampered with, engaged privacy considerations, the reasonableness of such surveillance and whether the surveillance was conducted…
PBA Regulation Relating to OTPP Filed
On April 11, 2013, O. Reg. 131/13, amending Regulation 909 (General) made under the Ontario Pension Benefits Act, was filed and came into force on that date. O. Reg. 131/13 amends subsection 47.7.2 (1) of Regulation 909 to add the following paragraph: 4. Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. As…
Court Clarifies Interpretation of Subsection 80(3) of the Pension Benefits Act
The Ontario Divisional Court recently rendered a significant decision under the Pension Benefits Act (Ontario Pension Board v. Ratansi). It overturned a finding of the Financial Services Tribunal that subsection 80(3) of the Pension Benefits Act (“Act”) did not prevent a plan member from commencing his or her pension while continuing to work for the…
Ontario Introduces Security for Critical Facilities Legislation
On April 10, 2013, the Ontario government introduced Bill 51, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2013. If passed, Bill 51 would: Repeal the Public Works Protection Act; Amend the Police Services Act to establish powers that may be exercised by an authorized person relating to court security and to create…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…
Regulations under Ontario College of Trades and Apprenticeship Act, 2009 Now in Force
On April 8, 2013, O. Reg. 421/12 (General), as amended by O. Reg. 130/13, made under the Ontario College of Trades and Apprenticeship Act, 2009 (“OCTAA”) came into force. O. Reg. 421/12 establishes certain exemptions under OCTAA and contains transitional provisions regarding, for example, certificates of qualification and statements of membership issued under either the…
Important Changes to the WSIB’s Appeals Program – What You Need to Know and Do
In February 2013, the Workplace Safety and Insurance Board (“WSIB”) implemented its Modernized Appeals Program. The WSIB plans to reduce its backlog of cases through significant changes to the appeal process. This new program only applies to claims and does not apply to financial or revenue issues. Some of the key changes under the Modernized…
New EI Benefit Rate Calculation to Come Into Force April 7, 2013
On April 7, 2013, certain amendments to the Employment Insurance Act (“EI Act”) made by the federal government’s Budget 2012 legislation, Jobs, Growth and Long-term Prosperity Act, will come into force and create a new benefit rate calculation for employment insurance benefits. As of April 7, 2013, the calculation of the benefit rate of most…
Employers Must Investigate Work Refusals
A recent decision under the Occupational Health and Safety Act is a stark reminder to all employers to take any work refusal, no matter how small, seriously. The Ontario Labour Relations Board concluded that an employer failed in its obligations under the OHSA when it terminated an employee, after he refused to drive his faulty…