On December 8, 2022, Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022, as amended, received Royal Assent. We reported on the Bill in our FTR Now of October 28, 2022, Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner. In this FTR…
Insights
FTR Now
On October 27, 2022, the Ontario government tabled Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. If passed, Bill 26 would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to provide measures for post-secondary institutions to address faculty and staff sexual abuse towards students. Amendments to…
Case In Point
On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…
FTR Now
On April 22, 2022, the Ontario government announced that the Office of the Chief Medical Officer of Health (OCMOH) will be maintaining existing masking requirements in select higher-risk indoor settings, as well as all remaining directives issued by the OCMOH in response to COVID-19, until June 11, 2022. This marks a change from the government’s…
FTR Now
Remaining COVID-19 Orders to be Revoked
· 4 min readThe Ontario government has filed a regulation which will revoke all remaining COVID-19 regulations (Orders) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, effective April 27, 2022. This action is further to the government’s previous announcement of its intention to lift all remaining COVID-19 measures, directives and Orders by this date….
FTR Now
As we previously reported, effective January 5, 2022, all public health units in Ontario have been temporarily moved to modified Rules for Areas in Step 2 of the province’s Roadmap to Reopen. These changes will remain in effect until at least January 26, 2022, subject to “trends in public health and health system indicators.” As a result, all public health units in the province are now subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O. Reg. 2/22.
FTR Now
On October 22, 2021, the Ontario government announced its long-term plan for easing COVID-19-related public health and workplace safety measures, with the aim of lifting all restrictions by March 2022. The plan identifies a number of milestones, beginning October 25, 2021.
Human Resources Legislative Update
On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings. Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas…
Human Resources Legislative Update
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…
FTR Now
On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…
FTR Now
Ontario Moves to Step 3 of Reopening Plan
· 8 min readEffective July 16, 2021, all public health units in Ontario will be permitted to move to Step 3 of the province’s Roadmap to Reopen. This move comes ahead of schedule and is the result of improvements to key health indicators including decreasing COVID-19 case rates and high rates of vaccination. Once this occurs, all public…
FTR Now
Ontario Moves to Step 2 of Reopening Plan
· 6 min readEffective June 30, 2021, all public health units in Ontario will be permitted to move to Step 2 of the province’s Roadmap to Reopen. Once this occurs, all public health units in the province will be subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O….
FTR Now
Ontario to Enter Step 1 of Reopening on June 11, 2021
· 11 min readThe Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
Human Resources Legislative Update
On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…
FTR Now
On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…
Human Resources Legislative Update
The Ontario government has amended the Rules for Areas in Stage 1 to give effect to its recent announcement regarding the closure of public and private elementary and secondary schools, among other things. As a general rule, Ontario Regulation 278/21 amends the Shutdown Zone rules to require closure of all public and private schools within…
Human Resources Legislative Update
Further Amendments to Ontario’s Reopening Rules
· 3 min readOn March 26, 2021, the Ontario government announced changes to the Rules for Areas in Stages 1, 2 and 3. Numerous amendments have been made to the Shutdown Zone of the Rules for Areas in Stage 1 (note that no public health units are currently in this Zone). These include, but are not limited to:…
FTR Now
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.
FTR Now
On November 20, 2020 the Ontario government announced that it will be moving certain regions of the province to new levels of the Keeping Ontario Safe and Open Framework (Framework). This included moving the City of Toronto and Peel Region to the Grey Zone – Lockdown of the Framework, effective earlier today, November 23 at 12:01 a.m. These restrictions will be in effect for at least 28 days.
Human Resources Legislative Update
On October 16, 2020, the Ontario government announced that it is moving York Region into the Rules for Areas in Stage 2, effective October 19, 2020 at 12:01 a.m. due to the increase in COVID-19 cases in that area. This is in effect for 28 days. We discussed the modifications made to the Rules for…
FTR Now
Effective October 10, 2020, Ottawa, Toronto and Peel Region are subject to the Rules for Areas in Stage 2 as modified by O. Reg. 572/20 (Modified Rules) as a result of the increase in COVID-19 cases in these areas. The Office of the Premier has advised that the Modified Rules will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.
FTR Now
Ontario has again revised its Rules For Areas In Stage 3 (Rules) in light of the increasing numbers of COVID-19 cases in Ontario. The new rules include a province-wide mandatory masking requirement and additional restrictions for Ottawa, Toronto and Peel Region Public Health Units (defined as the “Enhanced Measures Zone”). The changes came into force on October 3, 2020.
School Board Update
The Latest Updates for School Boards Before the Summer
· 14 min readAs the 2019 – 2020 school year draws to a close, it would be an understatement to say that the year did not go as expected. From the hurried transition to online learning to the ongoing adjustment to the “new normal” of synchronous learning, we know that our clients have successfully navigated unprecedented and difficult challenges – and that there will be more to come.
FTR Now
Reopening of Postsecondary Education in Ontario
· 4 min readIn a series of announcements and regulatory changes from last week, the Ontario government provided guidance on the reopening of postsecondary education in the province. The developments reviewed in this FTR Now apply to universities, colleges of applied arts and technology, private career colleges and other postsecondary institutions.
School Board Update
Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.
School Board Update
Welcome Back to School!
· 17 min readWe hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
School Board Update
As another academic year draws to a close and we are finally getting a glimpse of summer, we bring you our last School Board Update of the Spring term. In it, we discuss two arbitration awards
School Board Update
Recent Developments of Note
· 11 min readOn March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.
School Board Update
School Boards Take Note: Recent Developments of Interest
· 20 min readIn this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.
School Board Update
That’s a Wrap – Final School Board Update of 2018
· 10 min readIn this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.
School Board Update
Welcome Back to School!
· 14 min readWith this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.
School Board Update
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
FTR Quarterly
FTR Quarterly – Issue 8
· 12 min readIn This Issue 10 Top Developments in Human Resources Law in 2017 The Road Ahead: Key 2018 Implementation Dates Cross-Border Expertise Featured Articles 10 Top Developments in Human Resources Law in 2017 By: Amanda Lawrence-Patel 2017 was quite a year for news – with harassment revelations that have rocked institutions across North America, a new…
School Board Update
In an important decision which weighs competing rights, the Ontario Court of Appeal dismissed an appeal on the basis that the appellant had failed to provide any evidence that the inclusion of what he referred to as “false teachings” in the school curriculum interfered with or violated his or his children’s religious freedom. Learn more in this School Board Update.
School Board Update
Welcome back to school! We hope everyone enjoyed a restful summer season. To kick off the school year, we bring you the latest edition of our School Board Update with particular emphasis on legislation and decisions involving the student body…
Human Resources Legislative Update
On September 1, 2017, sections 1, 2, 3 and 5 of Schedule 2, Bill 87, the Protecting Patients Act, 2017, amending the Immunization of School Pupils Act (Act) will come into force. Among other things, the amendments require that the parent of a pupil complete an immunization education session with a medical officer of health…
School Board Update
A Legislative and Case Law Update for School Boards
· 12 min readIn this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…
Human Resources Legislative Update
The Ontario government has announced that nine central agreements have been reached between trustees’ associations and education workers’ unions and teachers’ federations. These agreements will be in force from September 1, 2017 to August 31, 2019. The government has also announced additional funding for the following: to hire approximately 875 teachers and 1600 education workers…
School Board Update
Leaves of Absence, Procedural Matters and More
· 17 min readIn this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Human Resources Legislative Update
Protecting Students Act Passes Third Reading
· 3 min readOn November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading…
Case In Point
In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
FTR Quarterly
FTR Quarterly – 2016, Issue 2
· 4 min readIn this issue: “Bad Customer Service” – or Breach of Human Rights Legislation?” and “Lifecycle of a Rental Tenancy: Human Rights Code Considerations and Best Practices for Compliance”
FTR Quarterly
Service-based organizations – such as restaurants – have obligations to their customers under human rights legislation. But how far do these obligations go? Two recent cases help to define the line.
Case In Point
In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…
Raising the Bar
Raising the Bar – Tenth Edition
· 15 min read“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…
Case In Point
In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…
Case In Point
In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…
School Board Update
In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…
School Board Update
School Board Client Update
· 12 min readThe following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…
Reaching Out
Reaching Out – Fourth Edition
· 29 min readDear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Raising the Bar
Raising the Bar – Fourth Edition
· 17 min read“I’m so glad I live in a world where there are Octobers.” L.M. Montgomery Dear Friends, We are pleased to provide you with the fourth issue of Raising the Bar. Our batteries are recharged following a summer break, and we are ready for autumn! In this issue, we share with you recent decisions that you…