A five-member panel of the Saskatchewan Court of Appeal has overturned a lower court decision which had found in part that restrictions on the right to strike in The Public Service Essential Services Act infringed the freedom of association guarantee in section 2(d) of the Canadian Charter of Rights and Freedoms. The Court of Appeal…
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Registered Human Resources Professionals Act, 2013 Passes Second Reading
On April 25, 2013, Bill 32, Registered Human Resources Professionals Act, 2013, carried at Second Reading and was ordered referred to the Standing Committee on Regulations and Private Bills. As previously reported, if passed Bill 32 would repeal the Human Resources Professionals Association of Ontario Act, 1990. Among other things, it would provide a framework…
Federal Health and Safety Tribunal Considers Fukushima Nuclear Incident in Context of Canadian Work Refusal
An Appeals Officer of the Occupational Health and Safety Tribunal Canada recently considered the damage caused to the Fukushima nuclear facility by the 2011 Japanese tsunami in the context of a work refusal under the Canada Labour Code. The appellant was a mail sorter with Canada Border Services Agency. Shortly after the Fukushima incident in…
Overtime Eligibility Class Action Certification Dismissal Upheld on Appeal
On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
Concerted Withdrawal of Voluntary/Extracurricular Activities by Teachers Declared an Unlawful Strike
In a landmark ruling, and after much anticipation, the Ontario Labour Relations Board (“OLRB”) has finally rendered its decision in the longstanding debate about whether the withdrawal, in combination or in concert, of participation in voluntary extracurricular activities by teachers constitutes a “strike” within the meaning of the Education Act. In this FTR Now, we…
Expert Committee on Québec Retirement System Tables Report
The Expert Committee on the Future of the Québec Retirement System has rendered its Report “Innovating for a Sustainable Retirement System.” The Committee has made a number of recommendations regarding supplemental pension plans, in particular defined benefit (“DB”) plans, which fall under the supervision of the Régie des rentes du Québec (“Régie”). Key recommendations include:…
Federal Social Security Tribunal Now Operational
On April 1, 2013, the federal Social Security Tribunal (“SST”) became operational. It creates a new appeals process for decisions made under the Employment Insurance Act (“EI Act”), the Canada Pension Plan (“CPP”) and the Old Age Security Act (“OAS Act”). The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation…
Certain Regulations Revoked with Coming Into Force of Ontario College of Trades and Apprenticeship Act, 2009
On April 16, 2013, the Ontario government filed O. Reg. 135/13, revoking O. Reg. 573/99 and O. Reg. 222/10 made under the Apprenticeship and Certification Act, 1998. On the same day, O. Reg. 136/13 was filed, revoking O. Reg. 223/10 made under the Trades Qualification and Apprenticeship Act. O. Reg. 135/13 and O. Reg. 136/13 came…
PBA Regulation Relating to OTPP Filed
On April 11, 2013, O. Reg. 131/13, amending Regulation 909 (General) made under the Ontario Pension Benefits Act, was filed and came into force on that date. O. Reg. 131/13 amends subsection 47.7.2 (1) of Regulation 909 to add the following paragraph: 4. Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. As…
Arbitrator Finds Video Surveillance Reasonable in Light of Safety Issues in the Workplace
A recent arbitration award has confirmed that where an employer has legitimate concerns regarding safety in the workplace, it may install and operate video surveillance. This decision, which involved surveillance in a fire station to ensure equipment was not tampered with, engaged privacy considerations, the reasonableness of such surveillance and whether the surveillance was conducted…