On April 13, 2016, the Ontario government passed Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2016. See our FTR Now of February 29, 2016, Ontario Budget 2016, for a detailed discussion of those initiatives of interest to employers, human resources professionals and…
Industry: Education
Court Reaffirms Broad Academic Discretion of Universities
In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…
Human Rights Tribunal Rules that Miscarriage is a Disability
In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…
In Camera Deliberations of Teacher Dismissal can be Subject of Testimony, Supreme Court of Canada Rules
On March 18, 2016, the Supreme Court of Canada issued Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval (“Laval”), a significant decision on whether a union can subpoena members of a school board’s executive committee to testify about their in camera deliberations regarding a teacher’s dismissal…
Federal Budget 2016
On March 22, 2016, the federal government tabled its 2016 Budget, Growing the Middle Class (Budget). While certain key legislative initiatives are already underway in respect of reforms to the federal labour regime…
CAPSA Consults on Revised Pension Plan Governance Guideline
On March 11, 2016, the Canadian Association of Pension Supervisory Authorities (CAPSA) released draft revisions to CAPSA Guideline No. 4: Pension Plan Governance and the related Self-Assessment Questionnaire and FAQ Document for consultation.
Ontario Minimum Wage to Increase October 1, 2016
On October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees. Minimum wage rates for specified students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings
Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…
Ontario Proposes Regulatory Amendments to Prohibit Use of Medical Marijuana Vaporizers in Workplaces
On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…
Ontario Proposes Elimination of the “30% Rule” for Pension Investment
Further to announcements made in its 2015 Economic Outlook and Fiscal Review, the Ontario government is soliciting feedback on proposed regulatory reforms that would eliminate the current investment rule that prohibits plan administrators from making investments that result in pension funds owning more than 30% of the voting shares of a corporation. The so-called “30% rule”…