On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…
Industry: School Boards
Supreme Court Privacy Case Affirms the Importance of School Safety
Yesterday, the Supreme Court of Canada held that a teacher committed the crime of voyeurism by surreptitiously recording images of female high school students. In finding that the students had a reasonable expectation of privacy, the Court relied on the trust imposed on teachers and the need for a safe and orderly school environment – a positive for school boards.
Reaching Out – Fourteenth Edition
Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
School Boards Take Note: Recent Developments of Interest
In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.
WSIB Issues New Policy on Medical Cannabis
The Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…
Federal Government Proposes Legislative Amendments to Address Salary Overpayments
On January 15, 2019 the federal government announced proposed amendments to the Income Tax Act (ITA), Employment Insurance Act (EI Act) and Canada Pension Plan (CPP) that would more readily facilitate the correction of salary overpayments made to employees.
IPC Publishes Guidance for School Boards on Their Obligations Under MFIPPA
The Information and Privacy Commissioner of Ontario (IPC) has published A Guide to Privacy and Access to Information in Ontario Schools (Guide). The Guide provides a succinct overview of a school board’s responsibilities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA or Act). The Act obliges school boards to protect individual privacy and maintain the freedom of information for records in their custody or control. The Guide provides particularized examples from IPC decisions concerning school boards.
Ministry of Labour Publishes New ESA Poster
The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
Health and Safety Disclosure Obligations: What You Need to Know
What information is a school board required to provide to its joint health and safety committee (JHSC)? Following Arbitrator Parmar’s decision earlier this year in Toronto Catholic District School Board v. Ontario English Catholic Teachers Association (Grievance re Health and Safety) (Award), many unions are demanding that school boards provide additional student-related information to the JHSC. Learn more about the decision – and what your organization should consider before complying with these requests – in this School Board Update.
More Changes to Workplace Laws Are on the Horizon for Ontario Employers
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.