On July 20, 2010, the Ontario government initiated a consultation process designed to address upcoming compensation negotiations for “bargaining” employees not caught by the Compensation Restraint Act. In this FTR Now, we discuss the potential implications of this process for public sector employers. BACKGROUND In March, as part of its 2010 Budget, the government introduced…
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Federal Court Finds that PIPEDA Does Not Apply to Agents
On July 9, 2010, the Federal Court issued a very significant judgment on the scope of the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA“). In State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736 (CanLII), the Court held that PIPEDA does not apply to a collection,…
New Regulations Published under Police Services Act
On July 17, 2010, the following regulations made under the Police Services Act were published in the Ontario Gazette: O. Reg. 268/10, dealing, in part, with the duties of police officers, unsatisfactory work performance and a code of conduct; O. Reg. 267/10, which relates to the conduct and duties of police officers respecting investigations…
FSCO Releases Final Records Retention Policy
The Financial Services Commission of Ontario (“FSCO”) issued a records retention policy for pension plan administrators effective July 9, 2010. The policy is intended to provide guidance for “prudent records management and retention practices” relating to Ontario-registered pension plans. The policy was approved and issued following the introduction of a draft policy last year and…
Bill 168 – Assessing Students as Risks
The new provisions incorporated into the Occupational Health and Safety Act (“OHSA”) by Bill 168 came into force on June 15, 2010. These provisions make clear that colleges must take every precaution reasonable in the circumstances to protect their workers from workplace violence. In this bulletin, we focus on the college duty to manage the…
Federal Budget Bill Receives Royal Assent
On Monday, July 12, 2010, Bill C-9, the Jobs And Economic Growth Act, received Royal Assent. As previously reported, Bill C-9 was introduced on March 29, 2010 and is omnibus legislation that amends various Acts to implement certain key measures outlined in the federal government’s 2010 Budget. Amendments to the Pension Benefits Standards Act (“PBSA”)…
The GTAA Decision: The Principles Relevant to Employers
Earlier this year, Arbitrator Owen Shime issued an award which has garnered much attention on account of the amount of damages assessed against the Greater Toronto Airport Authority (GTAA) for the wrongful termination of an employee who had been on sick leave. However, the greater potential significance of this award is found in its articulation…
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
Occupational Health And Safety Act Regulations Amended
On June 28, 2010, the Ontario government published O. Reg. 259/10 (Designated Substances) under the Occupational Health And Safety Act. In part, the regulation revokes and substitutes Table 1 of O. Reg. 490/09, which sets out exposure limits. The regulation comes into force July 1, 2010.
Final Pension Regulations Released for Private Pension Plan Members
On June 25, 2010, the federal government released final regulations amending the Pension Benefits Standards Regulations, 1985. The regulations follow the publication of previously reported draft regulations on May 8, 2010, and are intended to enhance protections for private pension plan members by reducing funding volatility and modernizing the rules for investments by pension funds….