Human Resources Legislative Update

Draft Regulation under Sections 80 and 81 of the PBA Posted for Comment

On July 2, 2013, the Ontario government posted a draft regulation made under the Pension Benefits Act (“Act”) regarding pension transfers under sections 80 and 81 of the Act. A summary of the draft regulation has also been posted. Approval of the draft regulation is required before the amendments to sections 80 and 81 of…

Human Resources Legislative Update

PBA Regulatory Amendment Will Change Locked-In Retirement Fund Withdrawal Process

On June 20, 2013, the Ontario government filed O. Reg. 185/13 amending Regulation 909 (General) made under the Pension Benefits Act. As announced by the government, this amendment to Regulation 909 will permit individuals to apply to their financial institutions for financial hardship withdrawals of their locked-in retirement funds, rather than to the Superintendent of…

Human Resources Legislative Update

Time Period for Filing Solvency Funding Relief Reports Extended

On June 20, 2013, the Ontario government filed O. Reg. 186/13 amending O. Reg. 177/11 (as amended by O. Reg. 330/12) which amended Regulation 909 (General) made under the Pension Benefits Act. As previously reported, the definition of “solvency concerns” sets out the circumstances under which defined benefit pension plans are required to file annual actuarial…

Human Resources Legislative Update

Access to Information Act/Privacy Act Regulatory Amendments Update Schedules of Designated Investigative Bodies

On May 31, 2013, the federal government registered Regulations Amending the Access to Information Regulations made under the Access to Information Act. These Regulations amend Schedule I (Investigative Bodies) of the Access to Information Regulations to delete the names of investigative bodies that are no longer in existence and to replace the name of one…

News

Significant decision on establishing “prima facie discrimination” rendered by the Court of Appeal for Ontario

The Court of Appeal for Ontario has rendered a significant decision in Peel Law Association v. Pieters regarding the test for establishing a prima facie case of discrimination. The Court upheld a finding of the HRTO that race and colour were factors in the questioning by a librarian of three applicants (two lawyers and a…

Human Resources Legislative Update

Amendment to Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed

On June 19, 2013, the Ontario government filed O. Reg. 184/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. O. Reg.1/13, as amended, gives regulatory effect to the sick leave provisions in the various recent Memoranda of Understanding between the Ministry of Education and teachers’ federations….

FTR Now

The Supreme Court of Canada Strikes Down Random Alcohol Testing Policy

On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…

News

Court Upholds Discharge for Sexual Harassment

In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…

Human Resources Legislative Update

Long-Term Care Homes Act Regulatory Amendment Proposed

The Ontario government has proposed a regulatory amendment to O. Reg. 79/10 made under the Long-Term Care Homes Act, 2007. The proposed amendment would permit nursing students to administer drugs in long-term care homes under the supervision of a registered nurse or registered practical nurse, in accordance with certain conditions. Any comments on the proposed…