In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control. Learn more in this School Board Update.
Business Operation: Ontario
Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse
In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…
IPC Provides Important Guidance on New PHIPA Annual Reporting Obligations
Organizations which provide healthcare and are governed by the Personal Health Information Protection Act (PHIPA) should note that recent amendments to PHIPA require health information custodians (HICs) to file an annual report disclosing all security incidents involving theft, loss and unauthorized use or disclosure of personal health information to the Information and Privacy Commissioner. At…
Ontario Seeks Comments on Proposed New Funding Rules for PBGF Assessments
Much anticipated proposed regulatory amendments respecting the formula for calculating Pension Benefits Guarantee Fund (PBGF) assessments were published by the Ontario government on January 19, 2018 (Proposed Regulations). With unproclaimed amendments to the Pension Benefits Act (Ontario) set to enhance PBGF protection by increasing the guarantee from $1,000/month to $1,500/month, the proposed changes to the PBGF assessment formula are intended to maintain the viability of the PBGF.
Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause
The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…
Employers Take Note: New ESA Poster Published by the Ministry of Labour
In light of the changes to the Employment Standards Act, 2000 (ESA) brought about by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, the Ministry of Labour has published a revised version of the ESA poster (Version 7.0) which is required to be posted by employers in a conspicuous place…
Ringing in the New Year with New Pension Plan Funding Rules
This FTR Now describes the Funding Framework and the likely transitional rules that will be of considerable interest for employers when planning for 2018 and beyond, as well as related complementary measures.
Taking Notes on Bill 148: Key ESA Changes Impacting School Boards [Video]
Recent reforms enacted by Bill 148, the Fair Workplaces, Better Jobs Act, 2017, are reshaping the employment and labour law landscape in Ontario, and creating substantial new compliance obligations – and potential risks – for School Boards and other employers.
Changes to the WSIB’s Annual Indexing: Are You Prepared?
Effective January 1, 2018, the Workplace Safety and Insurance Board (WSIB) will utilize a single indexing factor to calculate the annual adjustment to all indexed benefits and the legislated amounts as a result of recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA). To support the implementation of these changes, the WSIB has developed a new policy (18-01-14 Annual Indexing) and revised several existing benefit payment policies. Learn more in this FTR Now.
Supporting Regulations to Bill 148 Now Available
On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1. O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…