Business Operation: Ontario

Regulatory Amendments Made Under Long-Term Care Homes Act, 2007

· 1 min read

On August 28, 2013, the Ontario government filed O. Reg. 246/13, amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007 (“Act”). Among other things, O. Reg. 246/13 amends the qualification requirements for certain persons working or employed in a long-term care home prior to the day the Act and O. Reg….

Parliament to be Prorogued

· 1 min read

The Prime Minister has announced that he will ask the Governor General to prorogue Parliament until October 2013. Parliament was previously set to resume sitting on September 16, 2013. With prorogation, the unfinished business of Parliament will “die” on the Order Paper, including government bills which have not yet received Royal Assent. These bills can…

Financial Services Tribunal Interprets the Accrued Benefit Protections of the Pensions Benefits Act (Ontario)

· 10 min read

On August 15, 2013, the Ontario Financial Services Tribunal (“FST”) issued its decision in Royal Ontario Museum Curatorial Association v. Ontario (Superintendent Financial Services), concerning an amendment made to The Royal Ontario Museum Pension Plan (“Plan”). The Plan is a defined benefit (“DB”) pension plan. At issue before the FST was whether an amendment to…

Regulatory Amendments Relating to Independent Health Facilities Proposed

· 2 min read

The Ontario government has proposed an amendment to O. Reg. 264/07 (General) made under the Local Health System Integration Act, 2006 (“LHSIA”). The proposed regulation would make independent health facilities (“IHFs”) prescribed health service providers for the purpose of the LHSIA. Subject to certain specified exceptions, an IHF is defined in the Independent Health Facilities…

Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations

· 6 min read

In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…

The Ontario Court of Appeal Confirms Pension Assignments must be “Clear and Unambiguous”

· 6 min read

In a marriage breakdown situation where family assets are being valued and/or divided, a member’s workplace pension entitlements are often the most significant asset. To settle the property issues, a member and his or her spouse may agree that the member will assign an interest in the member’s benefit to the spouse. Unfortunately, it is…

OCA Affirms Termination Clause in Employment Contract Does Not Violate ESA

· 3 min read

The Court of Appeal for Ontario has upheld a motion judge’s finding that a termination provision in an employment contract was not an attempt to contract out of the Employment Standards Act, 2000 (“ESA”). In Dimson v. KTI Kanatek Technologies Inc., the plaintiff had been terminated and in accordance with his employment contract, he was…

GM Benefits Plan Language Did Not Allow Reduction After Non-Executives’ Retirement; GM Plans Appeal

· 6 min read

Justice Belobaba of the Ontario Superior Court of Justice has found that General Motors of Canada (“GMCL”) breached its contract with certain retired non-unionized salaried employees when it reduced their post-retirement health care and life insurance benefits. On this motion for partial summary judgment, the Court held that, in the reservation of rights (“ROR”) clause…

Long-Term Care Homes Act Regulatory Amendment Filed

· 1 min read

On July 19, 2013, the Ontario government filed O. Reg. 218/13 amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007. O. Reg. 218/13 states a member of the registered nursing staff may permit a “nursing student”, a defined term, to administer drugs to residents under certain conditions. As previously reported, comments had…