On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
Industry: School Boards
Ontario Budget – Highlights for Employers
On Tuesday, March 27, the Ontario Government introduced its 2012 Budget, which is entitled Strong Action for Ontario (the “Budget”). The Government also introduced Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”), omnibus legislation designed to implement a number of the proposals contained in the Budget. The Budget sets out…
New Education Act Amendments Introduced Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012, new legislation that would, if passed, amend Part XIII.1 of the Education Act, and empower the Minister of Education to set policies and guidelines respecting head injuries and concussions suffered by pupils. We highlight a few key proposed amendments below….
Ontario Confirms Average Full-Day Kindergarten Class Size
On March 2, 2012, the Ontario government filed important new amendments to the class size regulation under the Education Act for full-day junior kindergarten and kindergarten classes. The amendments, which come into force on September 1, 2012, are intended to assist school boards which have kindergarten class size maxima in their teachers’ collective agreements that…
Drummond Commission Reports on Elementary and Secondary Education Reform
On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service. In our companion FTR Now, The Drummond Report – Impact on the…
School Board Update – Anti-Bullying Legislation Tabled in Ontario Legislature
Last week, both the Ontario government and the Progressive Conservatives tabled legislation to put in place measures to combat the problem of bullying in schools. The government’s version, Bill 13 (the Accepting Schools Act, 2011), and the Progressive Conservatives’ version, Bill 14 (the Anti-Bullying Act, 2011), have the same broad goals but have established some…
School Board Update
IN THIS ISSUE Arbitrator Provides Helpful Award in Ontario’s First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissions…
Perquisites Directive Issued by Ontario Government Now in Effect
INTRODUCTION Management Board of Cabinet (“MBC”) has issued a “Perquisites Directive” effective June 1, 2011 (“OPS Directive”) establishing rules regarding the provision of perquisites and an accountability framework for decision-makers. The OPS Directive will apply to certain public service employees and appointees of, for example, all ministries of the Ontario Government. It will not apply…
School Board Update – Arbitrator Rules in Board’s Favour in Lakehead DSB Prep Time Payback Case
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
Ontario Budget 2011 – Highlights for Employers
INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…