Category: Uncategorized

OLRB Considers Legitimacy of Subcontractor Relationship

· 1 min read

The Ontario Labour Relations Board recently exercised its discretion under section 1(4) of the Labour Relations Act, 1995 and dismissed a related employer application without a hearing. The union, which had exercised its bargaining rights with a subcontractor, alleged that the principle of that subcontractor was a “ghost at the bargaining table” and was in…

Changes Made to the WSIB Appeals Process

· 1 min read

On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

· 1 min read

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…

PEI Introduces Pension Benefits Legislation

· 1 min read

On November 21, 2012, the Prince Edward Island government introduced Bill 12, Pension Benefits Act, in the legislature. The government has stated that with the exception of a few minor changes, Bill 12 is the same as Bill 41, pension legislation that was introduced in May 2012 but which did not pass first reading. Prince…

Bill Requiring Disclosure of Information by Labour Organizations Reported Back to House of Commons

· 1 min read

On November 27, 2012, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was deemed reported without amendment back to the House of Commons from the Standing Committee on Finance. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to…

Alberta Pension Reform Bill Passes Third Reading

· 1 min read

On November 20, 2012, Bill 10, Employment Pension Plans Act, passed Third Reading in the Alberta Legislature. As previously reported, Bill 10 is an overhaul of the existing pension legislation in Alberta and will repeal and replace the Employment Pension Plans Act. The government of Alberta has issued an update outlining the key differences between…

Public Sector Pension Fund Pooled Asset Management

· 9 min read

The 2012 Ontario Budget announced the Government’s intention to study the advantages of pooled asset management for Ontario’s approximately 100 public sector and broader public sector pension funds. Mr. William Morneau was appointed to lead the study and his report, Facilitating Pooled Asset Management for Ontario’s Public – Sector Institutions (the “Report”) was released by…

Federal Budget Bill Reported Back to House of Commons

· 1 min read

On November 26, 2012, Bill C-45, Jobs and Growth Act, 2012, was reported back to the House of Commons from the Standing Committee on Finance without amendment. As previously reported, Bill C-45 is the federal government’s second omnibus Bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For more…

Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement

· 4 min read

On November 23, 2012, Arbitrator Kevin Burkett issued a significant award in which he found he had no jurisdiction to determine a grievance under the Memorandum of Understanding (“MOU”) entered into by the Ontario English Catholic Teachers Association (“OECTA”) and the Ministry of Education in July 2012. The grievance was brought by OECTA against the…