Human Resources Legislative Update

2012 EI Premium Rate Set

On November 14, 2011, the Board of Directors of the Canada Employment Insurance Financing Board passed a resolution setting the 2012 Employment Insurance (“EI”) premium rate for residents of all provinces, with the exception of Quebec, at $1.83 per $100 of insurable earnings. The EI premium rate for Quebec residents has also been set, at…

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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…

Human Resources Legislative Update

Ontario Introduces Family Caregiver Leave

On December 8, 2011, the Ontario government introduced Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011, legislation that, if passed, will amend the Employment Standards Act, 2000 to create Family Caregiver Leave, effective July 1, 2012. The initiative to provide eligible employees with up to eight weeks of job-protected unpaid leave was first…

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Supreme Court of Canada Upholds Finding of Wage Discrimination

In a federal sector pay equity complaint that stretched on for nearly 30 years, the Supreme Court of Canada has upheld a finding of the Canadian Human Rights Tribunal of gender-based wage discrimination. The result is an order to compensate employees for lost wages over a 20 year period. This FTR Now discusses the Supreme…

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Supreme Court of Canada Grants Leave to Appeal in Indalex Decision

Earlier today, the Supreme Court of Canada granted leave to appeal in Sun Indalex Finance, LLC v. United Steelworkers (“Indalex“). The appeal relates to a decision rendered by the Ontario Court of Appeal in April 2011 in which that Court granted “super priority” to pension funding deficits in a Companies’ Creditors Arrangement Act proceeding. A…

Human Resources Legislative Update

Ontario Introduces Anti-Bullying Legislation

On November 30, 2011, the Ontario government tabled Bill 13, the Accepting Schools Act, 2011, legislation intended to address the issue of bullying in schools. This Bill, if passed, would amend the Education Act to include, among other things: a definition of bullying; a requirement that school boards implement policies promoting positive school environments that…

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Court Finds Tort of Conspiracy in Case of Departed Insurance Producers

On October 6, 2011, Justice Stinson released an important decision finding two insurance producers liable for departing and taking a book of business without paying for it. Neither producer had signed written contracts regarding who owned the books of business. Justice Stinson held that one of the producers breached his verbal agreement that he would…

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Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in the Fire Sector

INTRODUCTION In recent years, the issue of whether or not to adopt a 24 hour shift schedule has become one of the top demands that fire associations are seeking at the bargaining table and at interest arbitration. Fire associations have sought the 24 hour shift regardless of the size of the department, population served or…

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Pooled Registered Pension Plan Framework Introduced

On November 17, 2011, the federal government introduced the much anticipated Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, also known as the Pooled Registered Pension Plans Act (the “PRPP Act”). The proposed legislation follows high-profile consultations with the provinces and the industry, which resulted in…