School Board Update – The Prep Time Payback Saga

School boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…

Bill C-28 Receives Royal Assent

On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…

Compliance Reports Regulation Filed Under Wage Freeze Act

On January 17, 2011, the Ontario government filed O. Reg. 6/11 under the Public Sector Compensation to Protect Public Services Act, 2010. The regulation specifically prescribes the following Compliance Reports, which are required to be given to the Minister under section 13(1) of the Act (Reports by employers): a compliance report for the period beginning…

School Board Update – ECE Representation Disputes: OLRB Sidesteps Arbitration Award

In York Region District School Board, the Ontario Labour Relations Board (“OLRB”) considered an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent the Board’s designated early childhood educators (“DECEs”). In this case, an arbitrator had already determined that the Board’s DECEs were included in an office, clerical, technical and educational…

CPP Regulatory Amendments In Force

On January 1, 2011, Regulations Amending the Canada Pension Plan Regulations came into force (SOR/2010-300). The regulations implement the legislative amendments in the Economic Recovery Act (stimulus) (which received Royal Assent on December 15, 2009) and are intended to restore and enhance the actuarial adjustments made to Canada Pension Plan retirement pensions taken before and…

FSCO Releases Plan Administrator Guideline for Public Consultation

On December 15, 2010, the Financial Services Commission of Ontario (“FSCO”) posted a draft consultation policy (the “policy”) regarding the management of inquiries and complaints by plan administrators. FSCO also posted a draft consultation guideline for developing a written policy (the “guideline”) on managing inquiries and complaints from plan beneficiaries for public review and commentary….

Federal Pension Regulations Proposed

On Tuesday, December 14, 2010, the federal government proposed a number of regulatory amendments to the Pension Benefits Standards Regulations, 1985 for public commentary. The proposed amendments are designed to increase protection of plan members and retirees and would, in part: permit plan sponsors to secure properly structured letters of credit in lieu of making…