2011 Winter Issue

FOCUS ON MUNICIPAL Municipal miracles – doing more with less LEGAL DEVELOPMENTS Attendance management and innocent absenteeism Child-related responsibilities and family status protection PROFILE From farm to firm Download PDF

Compliance Reports Regulation Filed Under Wage Freeze Act

On January 17, 2011, the Ontario government filed O. Reg. 6/11 under the Public Sector Compensation to Protect Public Services Act, 2010. The regulation specifically prescribes the following Compliance Reports, which are required to be given to the Minister under section 13(1) of the Act (Reports by employers): a compliance report for the period beginning…

Bill C-28 Receives Royal Assent

On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…

Ambulance Act Regulation Filed

On December 30, 2010, the Ontario government filed amendments to Regulation 257/00 (General) under the Ambulance Act. O. Reg. 527/10 changes the heading of Part V from “Standard of Patient Care and Transportation” to “Standard of Patient Care and Documentation”, among other things. The amendments also add a new section 11.1, requiring ambulance operators, emergency…

2010 Ontario Pension Reform Round-Up

Bill 120, Securing Pensions Benefits Now and for the Future Act, 2010, received Royal Assent on December 8, 2010. Bill 120 was one of four separate bills passed by the Ontario legislature in 2010 which included amendments to the Ontario Pension Benefits Act (“PBA“). Without a doubt, 2010 marks the most significant overhaul of Ontario’s…

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…