Editor’s Note: Bill 186 passed Third Reading on June 2, 2016, as amended by the Standing Committee on Social Policy. Please read about the amendments in our blog post, ORPP Act Passes Third Reading as Amended by Committee. The Ontario Retirement Pension Plan (ORPP) was first announced in the 2014 Ontario Budget as a major…
Business Operation: Ontario
Extended Day and Third Party Program Regulation Filed Under the Education Act
On May 9, 2016, the Ontario government filed O. Reg. 129/16 made under the Education Act. O. Reg. 129/16 amends O. Reg. 221/11 (Extended Day and Third Party Programs) and is the supporting regulation to amendments made to the Education Act by the Child Care Modernization Act, 2014. Those amendments set out requirements for a…
Ontario Re-Introduces Bill to Protect Students
On May 17, 2016, the Ontario government re-introduced legislation to improve the discipline and investigation processes of the Ontario College of Teachers…
Accrual of Service or Seniority Based on “Days Worked” is Not Discriminatory, Tribunal Rules
The Human Rights Tribunal of Ontario (HRTO) recently issued a decision of particular interest to employers with groups of employees who, although covered by a collective agreement, accrue service…
Ontario Passes Legislation to Reform Personal Health Information Privacy Laws
On May 18, 2016, significant legislative reforms to the Personal Health Information Protection Act, 2004 (PHIPA) and Quality of Care Information Protection Act, 2004 (QCIPA)…
Ontario Pension Solvency Funding Framework Under Review
Ontario registered defined benefit (DB) pension plans must be funded on the greater of a going concern or solvency basis…
Court Rules that Education Act Authorizes Payment of Post-Retirement Benefits to Retirees Over Age 65
The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
New Regulations Outline Details of Requirements Under Ontario’s Sexual Violence and Harassment Legislation for Colleges and Universities
The Ontario government has filed two regulations mandating the content of sexual violence policies which colleges and universities must develop and implement pursuant to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”).
New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges
On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…
Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause
The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…