In two recent decisions involving the Toronto Police Services Board (“TPSB”) and the Toronto Police Association (“TPA”), Arbitrator Paula Knopf held that she lacked jurisdiction to hear grievances that challenged certain Procedures issued by the Chief of Police. In both cases, the TPSB raised successful preliminary objections and argued that the arbitrator lacked jurisdiction as…
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Enhanced Disclosures in Pension Plan Annual Statements
Under the Ontario Pension Benefits Act (“PBA”) pension plan administrators are required to provide annual statements to active plan members within six months of the plan year-end. With many plans having a December 30 or 31 year-end, a large number of administrators are now in the process of preparing statements for 2011. The PBA Regulations…
Québec Budget 2012
On March 20, 2012, the Quebec government introduced its 2012-13 Budget. As expected, the government is moving forward with the joint federal-provincial initiative to provide small business owners and their employees with access to large-scale, low-cost, professionally administered pension plans. Accordingly, the Budget introduces Voluntary Retirement Savings Plans (“VRSPs”), mandatory group pension plans that all…
Bill 160 OHSA Amendments Coming Into Force
The Ontario government has proclaimed that effective April 1, 2012, certain amendments to the Occupational Health and Safety Act (the “Act”) outlined in Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, will come into force. These include: amendments to s. 50 of the Act that allow an inspector to refer a…
Court Clarifies Evidence Required to Establish Prima Facie Case of Discrimination
For employers and service providers appearing before the Human Rights Tribunal of Ontario (“HRTO”), a recent decision of the Divisional Court involving racial profiling will be of interest. The decision, Peel Law Association v. Pieters, provides significant clarification on the evidence required to establish a prima facie case of discrimination. In this FTR Now we…
Bill 119 – What You Need To Know
Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, makes insurance coverage mandatory for certain categories of persons operating in the construction industry (independent operators, sole proprietors, partners in partnerships and executive officers of a corporation). This FTR Now outlines these significant new changes and suggests the next steps individuals contracting with contractors and…
Ontario Introduces Education Act Amendments Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012. If passed, the Bill would rename Part XIII.1 of the Education Act “Pupil Health,” and create new provisions for concussions. These provisions would authorize the Minister to make policies and guidelines relating to the following: the distribution of head injury…
Ontario Confirms Full-Day Kindergarten Class Size at Average of 26
On March 2, 2012, the Ontario government filed amendments to O. Reg. 399/00 (Class Size) under the Education Act. O. Reg. 26/12 provides that effective September 1, 2012, the average size of junior kindergarten and kindergarten classes that a school board is required to operate under Ontario regulation 224/10 (Full Day Junior Kindergarten and Kindergarten)…
Bill 28, Registered Human Resources Professional Act, 2011, referred to Committee
On March 1, 2012, Bill 28, Registered Human Resources Professional Act, 2011, was referred to the Standing Committee on General Government. Bill 28 is a private member’s bill which is co-sponsored by three Members of Provincial Parliament, one from each of the Liberal, PC and NDP parties. If passed, Bill 28 will repeal the Registered…
MOL Safety Blitz Targets High-Risk Construction Trades
The Ontario government has announced that effective March 1, 2012, Ministry of Labour inspectors are targeting high-risk construction trades in a month-long safety blitz intended to protect workers from preventable workplace injuries. Inspectors will visit construction projects employing workers in high-rise formwork, low-rise formwork and masonry, siding and built-up roofing work, and specifically check that:…