The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…
Industry: Universities
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:…
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…
Colleges and Universities: Who is the Health Information Custodian under PHIPA?
This is a short note to our college and university clients – all of whom provide various services to their communities that are properly characterized as “health care” and therefore governed by the Personal Health Information Protection Act. Recent amendments to PHIPA give rise to questions about personal health information governance and the proper identity…
Ontario Human Rights Commission Releases New Inquiry Report on Post-Secondary Student Mental Health Accommodations
The Ontario Human Rights Commission (Commission) has released an Inquiry Report regarding its inquiry into the systemic barriers facing post-secondary students with mental health disabilities entitled “With Learning in Mind.” Find out more about the Commission’s initiative and its impact on Colleges and Universities in this FTR Now…
Equity, Diversity and Inclusion Action Plan Mandated for Canada Research Chairs
A new Equity, Diversity and Inclusion Action Plan to address the under-representation of women, Indigenous peoples, persons with disabilities and members of visible minorities among Canada Research Chairs will soon affect certain universities – and require proactive compliance within specified timelines…
Ontario Budget 2017
On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario” (Budget) and Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017 (Budget Bill), omnibus legislation designed to implement some of the proposals contained in the Budget. In this FTR Now, we highlight key proposals that are of particular interest to…
Executive Compensation Program Implementation – Lessons Learned to Date
Much has happened since the Ontario government released Regulation 304/16 (Regulation), made under the Broader Public Sector Executive Compensation Act, in September 2016. The Regulation provided long-anticipated direction to broader public sector employers…
Reminder: Universities and Colleges to Have Student-Specific Sexual Violence Policies in Place by January 1, 2017
On January 1, 2017, amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 made by Bill 132 (Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015) come into force…