On June 5, 2012, Bill 13, the Accepting Schools Act, 2012, passed at Third Reading. As previously reported, Bill 13 was extensively amended by the Standing Committee on Social Policy. With the exception of the amendments outlined in section 7 (Bullying Awareness and Prevention Week), Bill 13 will come into force on September 1, 2012….
Industry: Education
Ontario Establishes New Class Size Limits
On June 4, 2012, the Ontario government filed a new class size regulation under the Education Act. O. Reg. 132/12 (Class Size) defines a number of terms, including: “class size” in relation to elementary and secondary schools; co-operative education class; course; cycle; instructional day; part-time; and transfer course. As outlined in the Ministry of Education’s…
Ontario Announces Consultations to Enhance BPS Pension Fund Investment Efficiencies
Further to initiatives first announced in its 2012 Budget, the Ontario government has appointed a special Pension Investment Advisor, Bill Morneau, to develop recommendations for the government’s consideration through a public consultation process in anticipation of a new legislative framework that will facilitate the pooling of pension fund assets in the broader public sector (“BPS”)….
Amended Ontario Anti-Bullying Bill Ordered for Third Reading
On May 30, 2012, Bill 13, the Accepting Schools Act, 2012, was reported back to the House as amended by the Standing Committee on Social Policy. The proposed Committee amendments are extensive. Of particular note, Bill 13 now: contains a revised definition of “bullying”; adopts a definition of “cyber-bullying” that essentially tracks the definition proposed…
Court finds Discipline of Students for Online Comments about Professor to be Unreasonable
Are students entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said "no" and disciplined the students who did. In the case of Pridgen v. University of Calgary, released May 9, 2012, the Alberta Court of Appeal found that the University’s decision to discipline the students was unreasonable….
Federal Pooled Registered Pension Plan (“PRPP”) Legislation Reported Back to House
On May 28, 2012, Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts was reported back as amended to the House of Commons following its consideration by the Standing Committee on Finance, and the House passed a motion concurring with the report. Third reading of Bill C-25…
School Bus Transportation Policy Deemed Discriminatory
A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
Ontario Proposes Plan Administrator Disclosure Obligations, Proclamation Dates
On May 14, 2012, the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”), and further proposed a proclamation date of July 1, 2012 in respect of certain amendments to the Act. The regulatory amendments would specifically outline the information plan administrators are required to disclose, including: “prescribed…
University Disciplinary Decisions: Are they Reasonable? Are they Subject to the Charter?
On May 9, 2012, the Alberta Court of Appeal released its judgment in the case of Pridgen v. University of Calgary. Justice Paperny identified the issue before the Court as follows: “Are students at public universities entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said “no” and…