On April 8, 2013, the government of Saskatchewan introduced Bill 92, The Pooled Registered Pension Plans (Saskatchewan) Act. If passed, Bill 92 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially regulated employees and self-employed persons in Saskatchewan. Subject to the legislation and any supporting regulations, the requirements set out in…
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Court Clarifies Interpretation of Subsection 80(3) of the Pension Benefits Act
The Ontario Divisional Court recently rendered a significant decision under the Pension Benefits Act (Ontario Pension Board v. Ratansi). It overturned a finding of the Financial Services Tribunal that subsection 80(3) of the Pension Benefits Act (“Act”) did not prevent a plan member from commencing his or her pension while continuing to work for the…
Ontario Introduces Security for Critical Facilities Legislation
On April 10, 2013, the Ontario government introduced Bill 51, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2013. If passed, Bill 51 would: Repeal the Public Works Protection Act; Amend the Police Services Act to establish powers that may be exercised by an authorized person relating to court security and to create…
Regulations under Ontario College of Trades and Apprenticeship Act, 2009 Now in Force
On April 8, 2013, O. Reg. 421/12 (General), as amended by O. Reg. 130/13, made under the Ontario College of Trades and Apprenticeship Act, 2009 (“OCTAA”) came into force. O. Reg. 421/12 establishes certain exemptions under OCTAA and contains transitional provisions regarding, for example, certificates of qualification and statements of membership issued under either the…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…
Important Changes to the WSIB’s Appeals Program – What You Need to Know and Do
In February 2013, the Workplace Safety and Insurance Board (“WSIB”) implemented its Modernized Appeals Program. The WSIB plans to reduce its backlog of cases through significant changes to the appeal process. This new program only applies to claims and does not apply to financial or revenue issues. Some of the key changes under the Modernized…
HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…
New EI Benefit Rate Calculation to Come Into Force April 7, 2013
On April 7, 2013, certain amendments to the Employment Insurance Act (“EI Act”) made by the federal government’s Budget 2012 legislation, Jobs, Growth and Long-term Prosperity Act, will come into force and create a new benefit rate calculation for employment insurance benefits. As of April 7, 2013, the calculation of the benefit rate of most…
Employers Must Investigate Work Refusals
A recent decision under the Occupational Health and Safety Act is a stark reminder to all employers to take any work refusal, no matter how small, seriously. The Ontario Labour Relations Board concluded that an employer failed in its obligations under the OHSA when it terminated an employee, after he refused to drive his faulty…
Regulatory Amendment Filed Under Education Act (Operation of Schools – General)
On March 26, 2013, the Ontario government filed O. Reg. 121/13, amending Regulation 298, Operation of Schools – General. It adds to the duties of secondary school principals, for the purpose of assisting in course selection, the requirement to inform prescribed pupils of ways to earn a credit that are an alternative to enrolment as…