Since we first reported on the recently adopted changes to the Ontario Municipal Employees Retirement System (OMERS) to eliminate the 35-year cap on credited service; and expand the normal retirement age 60 opportunity to paramedic employee groups.
Category: Uncategorized
Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered
In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…
Proposed Violence and Harassment Regulations Open for Comment
On April 27, 2019, the government of Canada published proposed regulations for comment concerning harassment and violence prevention in the workplace.
Accommodating Medical Marijuana
Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.
Changes to Ontario’s Annuity Purchase and Discharge Rules – Bill 57 Amendments and Draft Supporting Regulations
New draft regulations support and provide additional details respecting the rules governing annuity purchases and related statutory discharges under the Pension Benefits Act. Learn more in this FTR Now.
Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request
In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…
Ontario’s New Variable Benefits Regime for Defined Contribution Plans – Draft Regulations
With the release of draft regulations, Ontario moves a step closer to allowing variable benefits to be paid directly from defined contribution pension plans.
Appellate Court Considers Cannabis Impairment and Accommodation Issues
In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…
Federal Government Tables 2019 Budget Bill
On April 8, 2019, the federal government introduced Bill C-97, Budget Implementation Act, 2019, No. 1, for first reading. Bill C-97 is omnibus legislation enacting certain measures outlined in the 2019 Federal Budget. Below are some of the key amendments of interest to employers, pension plan administrators and human resources professionals.
Health Care Reform Bill Passes
On April 18, 2019, Bill 74, The People’s Health Care Act, 2019, passed as amended by the Standing Committee on Social Policy and received Royal Assent. Bill 74 provides for the creation of a central agency, Ontario Health, to oversee the health care system across the province, as well as the creation of integrated care…