On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Human Resources Legislative Update
Ontario Introduces New BPS Accountability, Transparency Legislation (Bill 179)
On March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014, proposed legislation intended to enhance oversight and increase transparency in the broader public sector (“BPS”). Proposed measures in the Bill identified in the government’s press release would, among other matters: authorize the government to control compensation…
Human Resources Legislative Update
Federal Government Implements Transitional Pension Funding Relief Regulations (Canada Post)
On March 12, 2014, the federal government published final pension funding relief regulations temporarily relieving Canada Post Corporation from the requirement to make special payments to its defined benefit employee pension plan, as ordinarily required under the Pension Benefits Standards Act, 1985 (“PBSA”). Under the Canada Post Corporation Pension Plan Funding Regulations (“Regulations”), the Corporation will only…
FTR Now
Canada Labour Code Amendments (Bill C-45) to Come into Force April 1, 2014
Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….
Human Resources Legislative Update
Canada Labour Code Amendments (Bill C-45) Come into Force April 1, 2014
On March 12, 2014, the federal government published an order fixing April 1, 2014 as the date on which key amendments to Part III of the Canada Labour Code (“Code”) outlined in Bill C-45, the Jobs and Growth Act, 2012, come into force. In part, the Bill C-45 amendments will implement a statutory complaints framework…
Case In Point
B.C. Court of Appeal Stays Decision Rendering Teachers’ Collective Bargaining Legislation Unconstitutional, Pending Appeal
In our blog post of February 18, 2014, “British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation,” we reported that the B.C. Supreme Court declared Bill 22, legislation relating to teachers’ collective bargaining rights, unconstitutional. The Court concluded that this legislation was “essentially identical” to earlier legislation (Bill 28) that…
Human Resources Legislative Update
Ontario Adopts “10% Rule” Exemption for U.S. Government Securities
On March 7, 2014, the Ontario government filed regulatory amendments to General Regulation 909 under the Pension Benefits Act. O. Reg. 51/14 (General) exempts investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to…
FTR Now
Ontario Moving Closer to Creating Statutory Presumption for PTSD Claims Made by Emergency Response Workers
Managing mental illness flowing from workers’ compensation claims may become more difficult for emergency management services employers in Ontario. On February 27, 2014, Bill 67, the Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014, passed Second Reading in the Ontario legislature with all-party support, and was referred to Committee for consideration. If passed,…
School Board Update
Arbitrator’s Remedy Includes Waiver of Sunset Provision
In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…
News
Finding of Charter violation leads to $2 million award against the B.C. government
In British Columbia Teachers’ Federation v. British Columbia, the B.C. Supreme Court awarded $2 million in damages against the B.C. Government for its violation of the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). The British Columbia Teachers’ Federation (“BCTF”) successfully argued that legislation enacted by…