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…
Industry: Municipalities & Municipal Agencies
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…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On April 18, 2011, the Ontario government introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011, legislation that would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppresion duties, in certain circumstances. In addition, the legislation…
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.
TTC “Essential Service” Legislation Receives Royal Assent
On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, received Royal Assent and came into force. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining.
TTC “Essential Service” Legislation Passes Third Reading
On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, passed Third Reading. It will come into force upon Royal Assent. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be…
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…
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…