On April 27, 2011, the Ontario government announced that it will launch a safety blitz on May 1 intended to protect young workers by ensuring that employers are complying with regulations under the Occupational Health and Safety Act. In part, the initiative will focus on whether young workers are: being instructed, trained and supervised on…
Business Operation: Ontario
Bill C-9 Pension Reforms Come Into Force
Effective April 1, 2011 and July 1, 2011, certain sections of the federal Jobs and Economic Growth Act (Bill C-9) and the Pension Benefits Standards Act, 1985 (“PBSA”) come into force. As previously reported, amendments to the PBSA which were brought into force effective April 1, 2011 include provisions: permitting plan sponsors to secure letters…
School Board Update – Arbitrator Rules in Board’s Favour in Lakehead DSB Prep Time Payback Case
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
Affordable Housing Legislation (Bill 140) Passes Third Reading
On April 19, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. As previously reported, the legislation…
PSLRTA Consultations Relating to Proposed Amalgamation of CASs Initiated by Ontario
On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies (“CASs”). The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On April 18, 2011, the Ontario government introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011, legislation that would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppresion duties, in certain circumstances. In addition, the legislation…
Ontario Court of Appeal Revisits Pension and Insolvency Principles: Indalex
INTRODUCTION On April 7, 2011, the Ontario Court of Appeal (the “Court”) released its decision in Re Indalex Limited. In this decision, the Court considers and revisits fundamental and established Canadian pension and insolvency law principles, making this decision required reading for members of pension committees, human resources professionals involved in pension plan administration, and…
Consolidated “Confined Spaces” OHSA Regulation Filed
On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011. O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities…