Recently, Arbitrator MacDowell released an interest arbitration award involving SEIU Local 2 and Sunnybrook Health Sciences Centre that considered the impact of the Ontario government’s 2010 Budget directions on collective bargaining. This award is the first of a number of expected interest arbitration decisions addressing the government’s new fiscal directive. We discuss the decision and…
Industry: Colleges
Ontario Announces Pension Funding Relief for University Sector
On August 5, 2010, the Ontario government announced that it will provide universities with temporary solvency funding relief. The temporary funding relief will be provided through two stages: a temporary period during which each university must develop a sustainability plan for its pension plans and, if the sustainability plan is acceptable to the government, an…
Consultations on Public Sector Compensation Begin
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…
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…
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…
Post-Secondary Legislation Passes Third Reading
On June 3, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010, carried at Third Reading. As previously reported, this omnibus legislation amends Ontario’s Post-Secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005, and the Ontario College of Art & Design Act, 2002.
Ontario Colleges of Applied Arts & Technology Regulation Amended
On May 14, 2010, the Ontario government filed O. Reg. 169/10, amending Regulation 34/03 (General) under the Ontario Colleges of Applied Arts and Technology Act, 2002. In part, the amendments provide a new method for appointing members of a board of governors after October 1, 2010, and the terms of the office.
Post-Secondary Legislation Referred to Committee
On May 11, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010. If passed, this omnibus legislation would amend various Acts as follows: the Post-Secondary Education Choice and Excellence Act, 2000 to refine definitions of terms such as “degree” and “educational institution”, the application of the Act to defined persons, and certain prohibitions….
WSIB Changes Its Practice on the Payment of Loss of Earnings Benefits
Effective December 7, 2009, the Ontario Workplace Safety and Insurance Board (“WSIB”) changed its operational practice of paying loss of earnings (“LOE”) benefits even when a worker is no longer in the workforce and has no loss of earnings. This change in practice followed a series of successful employer challenges argued by Hicks Morley lawyers…
Ontario Government Passes Workplace Violence Legislation
On December 9, 2009, the Ontario Legislature passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. Bill 168 will come into effect on June 15, 2010. Bill 168, which requires employers to develop policies to address workplace violence and harassment and to assess the risk of violence…