On February 22, 2011, the Ontario government announced plans to introduce the Toronto Transit Commission Labour Disputes Resolution Act, 2011, legislation designating the Toronto Transit Commission an essential service. The legislation, if passed, would provide for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining, effectively banning strikes…
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Solvency Funding Relief Details for Broader Public Sector Released by Ontario Government
On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…
Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed
The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…
Bill C-28 Receives Royal Assent
On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…
ECEs and Principals: “Unexpected Bargaining Challenges”
Fee Each participating Board will pay a fee of $225.00 plus $29.25 HST (13%), totalling $254.25, and may involve as many participants as it pleases. This fee will apply whether the Board participates in person, online or both. Who should attend: This Conference will be of interest to labour relations practitioners and supervisory officers responsible…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….
FSCO Releases Plan Administrator Guideline for Public Consultation
On December 15, 2010, the Financial Services Commission of Ontario (“FSCO”) posted a draft consultation policy (the “policy”) regarding the management of inquiries and complaints by plan administrators. FSCO also posted a draft consultation guideline for developing a written policy (the “guideline”) on managing inquiries and complaints from plan beneficiaries for public review and commentary….
Federal Pension Regulations Proposed
On Tuesday, December 14, 2010, the federal government proposed a number of regulatory amendments to the Pension Benefits Standards Regulations, 1985 for public commentary. The proposed amendments are designed to increase protection of plan members and retirees and would, in part: permit plan sponsors to secure properly structured letters of credit in lieu of making…
Expert Panel Tables Recommendations To Improve Health and Safety
On December 16, 2010, the Expert Advisory Panel on Occupational Health and Safety tabled its Report and Recommendations to the Minister of Labour (“Report”) on ways to improve workplace health and safety in Ontario. As recommended by the Report, the government announced the creation of a Chief Prevention Officer position, which will be tasked with…
Ontario’s Good Government Bill Ordered for Third Reading
On November 30, 2010, Bill 110, the Good Government Act, was reported to the House without amendments by the Standing Committee on General Government, and ordered for Third Reading. 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.