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…
Industry: Social Services
PSLRTA Consultations Relating to Proposed Amalgamation of CASs Initiated by Ontario
On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies (“CASs”). The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability…
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.
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…
Ontario 2011 Budget Bill Introduced
On March 29, 2011, the Ontario government introduced Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011 (PDF), omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on that date. Highlights in Bill 173 of interest to employers include: amendments to the Pension Benefits…
Federal Parliament Dissolved; Writs of Election Issued
On March 26, 2011, Parliament was proclaimed dissolved following adoption of a motion of non-confidence in the House of Commons. As a result, all outstanding business before the House, including all government and Private Members’ Bills, expired on the Order Paper. At the present time, Parliament is scheduled to reconvene on May 30, 2011, following…
Ontario 2011 Budget Introduced
On March 29, 2011, the Ontario government introduced its 2011 Budget, “Turning the Corner to a Better Tomorrow” (PDF). Highlights in the Budget of interest to employers include: a general consolidation effort in respect of the broader public sector, including moving to “more coordinated bargaining in sectors where it is appropriate” and pursuing options for…
Federal Pension Regulations in Effect April 1, 2011
On April 1, 2011, regulatory amendments to the Pension Benefits Standards Regulations, 1985 will come into force. These amendments support the changes to the Pension Benefits Standards Act, 1985 (PBSA) made by Bill C-9, which is discussed here. As previously reported, these amendments will: permit plan sponsors to secure properly structured letters of credit in…