Prior Approval for Commuted Value Transfers Now Required

Due to recent changes to the Regulations under the Ontario Pension Benefits Act, administrators of underfunded defined benefit pension plans registered in Ontario must in certain situations obtain the approval of the Superintendent of Financial Services of Ontario (the “Superintendent”) before transferring any part of the commuted value of a terminated member’s deferred pension or…

Solvency Funding Relief is Here

This week saw the culmination of many months of work by the Ontario and Federal Governments with respect to solvency funding relief measures. As of yesterday, June 24, 2009, both sets of solvency funding relief regulations have been enacted. The new regulations attempt to balance the goals of maintaining benefit security for employees and retirees,…

Access and Production Requirements and Records Possessed by Faculty Members

The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…

Hicks Morley Information & Privacy Post – Spring 2009

We’re happy to publish the first 2009 edition of the Hicks Morley Information and Privacy Post! As usual, we have summarized the most recent and notable cases relating to privacy and access to information, protection of confidential business information and the law of production. So what’s new? Much has been said about Leduc v. Roman,…

Ontario Government Introduces Workplace Violence Legislation

On April 20, 2009, the Ontario Government introduced amendments to the Occupational Health and Safety Act (Act) to address workplace violence and harassment. If passed, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, would require employers to develop policies to address workplace violence and harassment and to…

Ontario Budget 2009

INTRODUCTION Yesterday, Ontario’s Minister of Finance introduced the 2009 Ontario Budget in the Legislature, which is optimistically titled “Confronting the Challenge: Building Our Economic Future”. The Budget aims to kick-start the battered Ontario economy through its twin centrepieces: tax reform and infrastructure spending. While much attention will be focused on the Budget’s proposal to harmonize…

School Board Update

IN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…

Transforming Human Resources Practices Under The Proposed AODA “Employment Accessibility Standard”

Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…

Accident Investigations

As the number of prosecutions under the Occupational Health and Safety Act (“OHSA”) continue to rise, clients need to be effectively managing accident investigations. We have summarized some of the key OHSA issues that arise in any accident: 1. Know the Reporting Requirements The OHSA sets out different reporting requirements depending on the type of…