School Board Update

ECE Representation Disputes: OLRB Rules on Appropriate Venue

In a decision dated November 9, 2010, the Ontario Labour Relations Board (“OLRB”) considered the impact of an ongoing arbitration proceeding on an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent designated early childhood educators (“DECEs”) at the District School Board of Niagara. The Canadian Union of Public Employees (“CUPE”),…

Human Resources Legislative Update

New OHSA Regulations Filed

On November 5, 2010, the Ontario government filed a number of regulatory amendments under the Occupational Health and Safety Act, including: O. Reg. 419/10, amending Table 1 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents); and O. Reg. 420/10, amending Regulation 851 (Industrial Establishments). The…

Human Resources Legislative Update

WSIB Releases Work Reintegration Policies for Consultation

The Workplace Safety and Insurance Board has released interim Work Reintegration policies and a draft Work Reintegration NEER policy for stakeholder consultation. Stakeholders can submit their responses in writing until February 15, 2011. The interim Work Reintegration policies integrate Early and Safe Return to Work, Re-Employment and Labour Market Re-entry and are to become effective…

Human Resources Legislative Update

Pension Reform Bill Referred to Committee Under Accelerated Schedule for Consideration and Debate

On November 3, 2010, the Ontario government passed a special time allocation motion setting out an accelerated timetable for the full consideration and debate of Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010, by December 2, 2010.

Human Resources Legislative Update

Ontario’s Good Government Bill Referred to Committee

On November 4, 2010, Bill 110, the Good Government Act, carried at Second Reading and was referred to the Standing Committee on General Government. As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.

FTR Now

Government Introduces Public Sector Accountability Legislation

On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. In addition, the Bill would…

FTR Now

Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older

On October 31, 2010, Arbitrator Etherington issued a significant award on the interpretation of the provisions of the Ontario Human Rights Code (the “Code”) and the Employment Standards Act, 2000 (the “ESA, 2000” ), which effectively permit an employer to reduce or eliminate employee benefits once an employee reaches age 65. Arbitrator Etherington found that…

Human Resources Legislative Update

Federal Mandatory Reporting of Internet Child Pornography Bill Reported As Amended

On October 25, 2010, Bill C-22, the Protecting Children From Online Sexual Exploitation Act, was reported to the House of Commons as amended by the Standing Committee on Justice and Human Rights. As previously reported, Bill C-22 would impose a mandatory duty on “persons” (defined to include individuals, corporations, partnerships, unincorporated associations or organizations) providing…