On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
Industry: Universities
University Disciplinary Decisions: Are they Reasonable? Are they Subject to the Charter?
On May 9, 2012, the Alberta Court of Appeal released its judgment in the case of Pridgen v. University of Calgary. Justice Paperny identified the issue before the Court as follows: “Are students at public universities entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said “no” and…
The Drummond Report – Impact on the Broader Public Sector
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 (“BPS”). In our companion FTR Now, Drummond Commission Reports on Elementary and…
IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
Amy Tibble Quoted in The Toronto Star
Hicks Morley’s Amy Tibble was quoted in the June 13, 2011 edition of The Toronto Star‘s online section, MoneyVille. In an article entitled “Top civil servants lose their perks,” Amy discusses how the limits issued by the Ontario Public Service Perquisites Directive, regarding non-business related perks, may lead public sector organizations to rethink how to…
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…
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),…
Solvency Funding Relief Details for Broader Public Sector Released by Ontario Government
On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Interest Arbitrator Awards Wage Increase to Unionized Nursing Home Employees
On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…