Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Industry: Universities
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Update on Ontario Government Wage Restraint Initiatives
In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).
Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities
The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…
FTR Quarterly – Issue 13
In This Issue: The Gig Economy, AI In the Workforce and more!
MOL Announces Safety Blitz Targeted at Summer Students
The Ministry of Labour has announced that it will be conducting safety blitzes focused on summer students with targeted inspections of the retail, restaurant, food, beverage, hospitality and recreational services industries. The blitz will continue until the end of August 2019.
“Non-Construction” Employer Deeming Provision under LRA Now in Force
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…
Ontario Proposes Increase to Hours for Unionized Employees Under ESA Overtime Averaging Agreements
On June 19, 2019, the government published two regulatory proposals which relate to the Employment Standards Act, 2000 (ESA) and for which the government is inviting feedback by August 5, 2019.
Ontario Health and Safety Regulations Amended
On June 10, 2019, the Ontario government filed a number of amendments to regulations made under the Occupational Health and Safety Act. O. Reg. 186/19 replaces the “Equivalency” provision of Regulation 851 (Industrial Establishments) with a new provision entitled “Alternative methods and materials.” It now requires employers to provide written notice to the joint health…
Ontario Clarifies DB Funding Reforms under the Pension Benefits Act
On May 21, 2019, the Ontario government filed Regulation 105/19 amending Regulation 909 (General Regulation) under the Pension Benefits Act (PBA). The amendments mainly relate to clarifying elements of the defined benefit (DB) funding rules that took effect on May 1, 2018. Many of the new clarifications have been requested by the pension industry over…