Human Resources Legislative Update

Education Act Regulations Filed: Extended Day and Third Party Programs

On August 31, 2012, the Ontario government filed the following two regulations under the Education Act: O. Reg. 245/12 (Full Day Junior Kindergarten and Kindergarten) revokes and substitutes the table of school boards and schools listed in Schedule 1 of O. Reg. 224/10; and O. Reg. 246/12 (Extended Day and Third Party Programs) revokes and…

Case In Point

No Duty to Mitigate Where Employment Contract Silent on Mitigation

The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…

Human Resources Legislative Update

Québec VRSPs Bill Expires on Order Paper

As previously reported, in its March 2012 Budget the Québec government signalled its commitment to establish Voluntary Retirement Savings Plans (“VRSPs”), mandatory group pension plans that all employers in Québec employing at least five employees would have been required to implement, if they did not already provide a retirement savings plan for employees. The VRSPs…

Human Resources Legislative Update

Changes to Proposed Legislation on Teacher Bargaining

On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was released on August 16, 2012, including a key change to the proposed regulation-making powers about the imposition of…

Human Resources Legislative Update

Ontario Introduces Bill 115, Putting Students First Act, 2012

On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was first introduced on August 16, 2012. We are in the process of reviewing the proposed legislation. For background…

Human Resources Legislative Update

Fall 2012 Safety Blitzes Announced by Ontario Government

The Ontario government has announced the launch of four targeted safety blitzes at workplaces across the province this Fall. The planned blitzes will focus on: supervision at construction sites (September and October); machine guarding hazards and repetitive strain injuries in manufacturing and industrial workplaces (October and November); infection prevention and control in health care workplaces…

Information, Privacy and Data Security Post

Hicks Morley Information and Privacy Post – 2011/2012

Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…

News

Pension Assignments Must be Clear and Unambiguous

On July 27, 2012, the Ontario Superior Court of Justice held that if a pension plan member wishes to assign an interest in his or her pension entitlement to a former spouse, the language of the separation agreement or divorce order must be clear and unambiguous. Since the language of the separation agreement and divorce…

FTR Now

Court Imposes Criminal Code Fines for Workplace Accident

In a recent case, R. v. Metron Construction Corporation, the Ontario Court of Justice imposed one of the first sentences rendered under the Bill C-45 amendments to the Criminal Code of Canada. Those amendments impose criminal liability on organizations (including companies) for the actions of their “representatives” or “senior officers” and require that anyone who…

School Board Update

Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining

On August 16, 2012, the Ontario government announced its intention to introduce the Putting Students First Act (the “Bill”). If passed, this legislation would, among other matters, establish unprecedented controls on current school board collective bargaining, freeze current teacher salary grids, require the radical alteration of existing sick leave and retiring gratuity plans, permit regulations…