School Board Update

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. In addition…

Human Resources Legislative Update

Ontario Proposes Establishment of Pay Rate Minimums for Certain Government Contractors

On April 17, 2018, the Ontario government introduced Bill 53, the Government Contract Wages Act, 2018, legislation that would, if passed, permit minimum pay rates to be established for certain private sector construction sectors (roads; heavy engineering; sewers and water mains; and industrial, commercial and institutional), and building security or cleaning services in government owned…


Divisional Court Finds Breach of Sunset Clause Does Not Necessarily Render Employer Discipline Null and Void

In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.

College Update

Arbitrator Finds Co-ordinator Duties Should Be Considered in Assessing Whether a Professor Has Sessional Status

An arbitration award in St Lawrence College and OPSEU Local 417 rendered on March 26, 2018 is potentially very significant to the distribution of work between full-time, sessional, partial load and part-time professors by a college. This College Update reviews the award and its possible impact on college staffing decisions going forward.

Human Resources Legislative Update

Medical Marijuana in Your Workplace: Employer FAQs

Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…

Human Resources Legislative Update

Ontario Announces Health, Safety and Employment Standards Blitzes

The Ontario government has announced that it will be conducting more than 24 health, safety and employment standards inspection blitzes in 2018-2019 targeted at certain sectors in Ontario, with a view to ensuring statutory compliance. A number of workplaces will be visited, including those in the retail, manufacturing, construction and health care sectors, as well…

Case In Point

Court Finds Emails Between Management and HR Department Not Privileged

A Master of the Ontario Superior Court of Justice recently rejected an employer’s assertion that emails between management and its Human Resources (HR) department were privileged and therefore not subject to disclosure in a constructive dismissal action. He stated that if “management seeks confidentiality in dealing with an employee, it should consult with counsel and…

Human Resources Legislative Update

PIPEDA Breach of Security Safeguards Regulations Published

Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require private sector organizations to provide notice to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations, Breach of Security Safeguards…


Pension Funding Reform Continues: Taking Aim at Target Benefit Multi-Employer Pension Plans

Pension plans that meet the definition of specified Ontario multi-employer pension plans (SOMEPPs) are one step closer to having the option to convert accrued defined benefits (DB) to target benefits (TB) – and one step closer to a permanent exemption from solvency funding. If your organization participates in a SOMEPP, find out what this could mean for your organization in this FTR Now.