Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….

School Board Update – ECE Representation Disputes: OLRB Sidesteps Arbitration Award

In York Region District School Board, the Ontario Labour Relations Board (“OLRB”) considered an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent the Board’s designated early childhood educators (“DECEs”). In this case, an arbitrator had already determined that the Board’s DECEs were included in an office, clerical, technical and educational…

Bill 138 – Registered Human Resources Professionals Act, 2010

There has been much discussion recently in the human resources world about a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, Bill 138, the Registered Human Resources Professionals Act, 2010, would create a more comprehensive legislative framework for the regulation of the human resources profession, and would…

CPP Regulatory Amendments In Force

On January 1, 2011, Regulations Amending the Canada Pension Plan Regulations came into force (SOR/2010-300). The regulations implement the legislative amendments in the Economic Recovery Act (stimulus) (which received Royal Assent on December 15, 2009) and are intended to restore and enhance the actuarial adjustments made to Canada Pension Plan retirement pensions taken before and…

FSCO Releases Plan Administrator Guideline for Public Consultation

On December 15, 2010, the Financial Services Commission of Ontario (“FSCO”) posted a draft consultation policy (the “policy”) regarding the management of inquiries and complaints by plan administrators. FSCO also posted a draft consultation guideline for developing a written policy (the “guideline”) on managing inquiries and complaints from plan beneficiaries for public review and commentary….

Expert Panel Tables Recommendations To Improve Health and Safety

On December 16, 2010, the Expert Advisory Panel on Occupational Health and Safety tabled its Report and Recommendations to the Minister of Labour (“Report”) on ways to improve workplace health and safety in Ontario. As recommended by the Report, the government announced the creation of a Chief Prevention Officer position, which will be tasked with…

Federal Pension Regulations Proposed

On Tuesday, December 14, 2010, the federal government proposed a number of regulatory amendments to the Pension Benefits Standards Regulations, 1985 for public commentary. The proposed amendments are designed to increase protection of plan members and retirees and would, in part: permit plan sponsors to secure properly structured letters of credit in lieu of making…