With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.
Industry: School Boards
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
FTR Quarterly – Issue 9
In This Issue Sexual Harassment: Best Practices for Proactive Employers and Service Providers FTRQ&A – Customer-to-Customer Harassment: Service Provider Liability Questions, Answered Tips for Conducting Harassment Investigations Sexual Harassment and Your Organization: Best Practice Tips for Boards of Directors For Your Workplace, At Your Workplace: Hicks Morley’s On-Site Learn-by-Doing Training Programs Featured Articles Sexual Harassment:…
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative
On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…
The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details
On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…
Education Law in Canada: A Guide for Teachers and Administrators Published
Lauri Reesor and Brenda Bowlby recently published a chapter on Special Education Law in the text, Education Law in Canada: A Guide for Teachers and Administrators. The book is a comprehensive examination of the many legal issues that impact public education in this country. With informative and easily accessible contributions from members of the legal and academic communities, the topics in this edited collection will be of particular interest to those who work or have an interest in schools and the educational system.
Ontario School Boards to Implement Care Plans for Students with Prevalent Medical Needs
On October 24, 2017, the Ontario government released a draft policy aimed at supporting students with prevalent medical conditions. Policy PPM 161- Supporting Children and Students with Prevalent Medical Conditions (Anaphylaxis, Asthma, Diabetes, and/or Epilepsy) in Schools, to be finalized in Winter 2018, will require school boards across Ontario to have individualized care plans in…
Arbitrator Declares that DECEs Need Not be Scheduled “Side By Side” with FDK Teachers
In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.
Back to School Edition – Student-Focused Case Law and Legislative Update
Welcome back to school! We hope everyone enjoyed a restful summer season. To kick off the school year, we bring you the latest edition of our School Board Update with particular emphasis on legislation and decisions involving the student body…