The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including: Renovations…
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Proposed Anti-spam Regulations Published
On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…
Amendments to CIRB Regulations Now in Force
On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…
New Mandatory Health and Safety Training Regulation Proposed under OHSA
The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…
PSFA “Sick Leave Provisions 2012-2013” Regulatory Amendment Filed
On January 2, 2013, the Ontario government filed O. Reg. 3/13, Sick Leave Provisions, 2012-2013, amending O. Reg. 313/12 made under the Putting Students First Act, 2012 (“PSFA”). O. Reg. 3/13 revokes and replaces subsection 2(3) of O. Reg. 313/12 with a provision that states any rule made before September 1, 2012 requiring an employee…
Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed under Education Act
On January 2, 2013, the Ontario government filed O. Reg. 1/13, “Sick Leave Credits and Sick Leave Credit Gratuities” made under the Education Act. The Regulation establishes: a board employee’s eligibility for sick leave credits; the day during a board’s fiscal year on which an employee eligible for sick leave credits will be provided with…
Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement
A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…
PSFA “General” Regulation Filed
On January 2, 2013, the Ontario government filed O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“PSFA”). Among other things, O. Reg. 2/13 establishes additional prescribed terms further to subsection 2(1) of the PSFA for employees who do not bargain collectively. The terms include, among other things: terms that shall be…
Regulatory Amendments Enacted to Allow CPPIB/PSPIB to Rely on Prudent Person Standard
On December 14, 2012, Regulations Amending the Canada Pension Plan Investment Board Regulations were registered. As previously reported and of particular note, this amendment repeals section 12 of the Canada Pension Plan Investment Board Regulations (“CPPIBR”) which established quantitative investment limits in respect of Canadian resource and real properties. The repeal of this section aligns…
Supreme Court of Canada to Hear Appeal in Mounted Police Association Case
The Supreme Court of Canada will be providing further clarification on the freedom of association guarantee in the Charter and the scope of collective bargaining. The Court has recently granted leave to appeal in Mounted Police Association of Ontario v. Canada, where the Court of Appeal for Ontario found that a separate labour relations scheme…