In two recent decisions involving the Toronto Police Services Board (“TPSB”) and the Toronto Police Association (“TPA”), Arbitrator Paula Knopf held that she lacked jurisdiction to hear grievances that challenged certain Procedures issued by the Chief of Police. In both cases, the TPSB raised successful preliminary objections and argued that the arbitrator lacked jurisdiction as…
Business Operation: Ontario
Enhanced Disclosures in Pension Plan Annual Statements
Under the Ontario Pension Benefits Act (“PBA”) pension plan administrators are required to provide annual statements to active plan members within six months of the plan year-end. With many plans having a December 30 or 31 year-end, a large number of administrators are now in the process of preparing statements for 2011. The PBA Regulations…
Misuse of Confidential Information – Are You Prepared?
An employee’s misuse of confidential information housed on computers or electronically can expose an employer’s business to serious risk of harm and potential liability. Improperly managed, these situations can create a crisis: witness Bank of America and the WikiLeaks threat. Hicks Morley has been successful in assisting clients who have had their confidential information misused…
Bill 160 OHSA Amendments Coming Into Force
The Ontario government has proclaimed that effective April 1, 2012, certain amendments to the Occupational Health and Safety Act (the “Act”) outlined in Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, will come into force. These include: amendments to s. 50 of the Act that allow an inspector to refer a…
New Education Act Amendments Introduced Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012, new legislation that would, if passed, amend Part XIII.1 of the Education Act, and empower the Minister of Education to set policies and guidelines respecting head injuries and concussions suffered by pupils. We highlight a few key proposed amendments below….
Court Clarifies Evidence Required to Establish Prima Facie Case of Discrimination
For employers and service providers appearing before the Human Rights Tribunal of Ontario (“HRTO”), a recent decision of the Divisional Court involving racial profiling will be of interest. The decision, Peel Law Association v. Pieters, provides significant clarification on the evidence required to establish a prima facie case of discrimination. In this FTR Now we…
Bill 119 – What You Need To Know
Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, makes insurance coverage mandatory for certain categories of persons operating in the construction industry (independent operators, sole proprietors, partners in partnerships and executive officers of a corporation). This FTR Now outlines these significant new changes and suggests the next steps individuals contracting with contractors and…
Ontario Introduces Education Act Amendments Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012. If passed, the Bill would rename Part XIII.1 of the Education Act “Pupil Health,” and create new provisions for concussions. These provisions would authorize the Minister to make policies and guidelines relating to the following: the distribution of head injury…
Ontario Confirms Average Full-Day Kindergarten Class Size
On March 2, 2012, the Ontario government filed important new amendments to the class size regulation under the Education Act for full-day junior kindergarten and kindergarten classes. The amendments, which come into force on September 1, 2012, are intended to assist school boards which have kindergarten class size maxima in their teachers’ collective agreements that…
Ontario Confirms Full-Day Kindergarten Class Size at Average of 26
On March 2, 2012, the Ontario government filed amendments to O. Reg. 399/00 (Class Size) under the Education Act. O. Reg. 26/12 provides that effective September 1, 2012, the average size of junior kindergarten and kindergarten classes that a school board is required to operate under Ontario regulation 224/10 (Full Day Junior Kindergarten and Kindergarten)…