On April 19, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. As previously reported, the legislation…
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
PSLRTA Consultations Relating to Proposed Amalgamation of CASs Initiated by Ontario
On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies (“CASs”). The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability…
FTR Now
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…
Human Resources Legislative Update
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On April 18, 2011, the Ontario government introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011, legislation that would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppresion duties, in certain circumstances. In addition, the legislation…
FTR Now
Ontario Court of Appeal Revisits Pension and Insolvency Principles: Indalex
INTRODUCTION On April 7, 2011, the Ontario Court of Appeal (the “Court”) released its decision in Re Indalex Limited. In this decision, the Court considers and revisits fundamental and established Canadian pension and insolvency law principles, making this decision required reading for members of pension committees, human resources professionals involved in pension plan administration, and…
FTR Now
Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction
Last year, Arbitrator Owen Shime issued his now well known decision against the Greater Toronto Airport Authority (“GTAA”) for the wrongful termination of an employee who had been on sick leave. The decision was judicially reviewed and the outcome highly anticipated given the significant principles at stake. This FTR Now reviews the recent decision of…
FTR Now
Federal Election 2011: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for May 2, 2011. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. Under the Canada Elections Act, voting…
FTR Now
Non-Construction Employer Declaration Provision in LRA Constitutional
On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…
FTR Now
A Roadmap to Federal Pension Reform
On April 1, 2011, amendments to the Pension Benefits Standards Regulations (“PBSR“) came into effect that alter the rules regarding the funding and operation of pension plans governed by the Pension Benefits Standards Act, 1985 (“PBSA“). Since 2009, the Federal Government has taken a number of steps to reform the PBSA and the PBSR. This…
Human Resources Legislative Update
Consolidated “Confined Spaces” OHSA Regulation Filed
On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011. O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities…