In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
Industry: Education
Bill C-9 Pension Reforms Come Into Force
Effective April 1, 2011 and July 1, 2011, certain sections of the federal Jobs and Economic Growth Act (Bill C-9) and the Pension Benefits Standards Act, 1985 (“PBSA”) come into force. As previously reported, amendments to the PBSA which were brought into force effective April 1, 2011 include provisions: permitting plan sponsors to secure letters…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
Federal Election 2011: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for May 2, 2011. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. Under the Canada Elections Act, voting…
Good Government Act Receives Royal Assent
On March 30, 2011, Bill 110, the Good Government Act, received Royal Assent. As previously reported, the Good Government Act is omnibus legislation that makes a number of amendments to various statutes, including several which are employment-related. The Act should be consulted for coming into force information.
Ontario Budget 2011 – Highlights for Employers
INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…
Pension Benefits Act Regulations
On March 25, 2011, the Ontario government filed two regulations amending General Regulation 909 under the Pension Benefits Act: O. Reg. 84/11, dealing with the deadlines for solvency valuations and related payments for certain plans in the public sector and broader public sector; and O. Reg. 85/11, providing for the adoption of the federal investment…
Ontario 2011 Budget Bill Introduced
On March 29, 2011, the Ontario government introduced Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011 (PDF), omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on that date. Highlights in Bill 173 of interest to employers include: amendments to the Pension Benefits…
Occupational Health and Safety Legislation Passes Second Reading
On March 29, 2011, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 passed second reading and was ordered referred to the Standing Committee on Social Policy. As previously reported, the proposed Bill 160 amendments are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety…
School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…