Effective January 1, 2015, the Canada Revenue Agency (“CRA”) is changing the tax withholding requirements for benefits paid under a “wage loss replacement plan” (“WLRP”). The CRA will now require the withholding of income tax from benefit payments under a WLRP, even if the benefits are not subject to Canada Pension Plan (“CPP”) contributions or…
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Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable
The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…
After Keewatin: The Use of Exclusions
Overview In a recent case, the Human Rights Tribunal of Ontario served clear notice that excluding a student under s. 265(m) of the Education Act, because of behavioural issues arising from the student’s disability, must not offend human rights principles. In R.B. v. Keewatin Patricia District School Board, the Tribunal found that the exclusion of…
EMS Matters Publishes an Article by Mark Mason and Stephanie Jeronimo
An article authored by Hicks Morley’s Mark Mason and Stephanie Jeronimo was published in the Winter 2014/2015 edition of EMS Matters. The article entitled, “Accommodating Mental Health Disabilities: What are Employers Obligated to Do?” discusses the importance of the duty to accommodate within the workplace. Mark and Stephanie address key issues that employers in the…
Amendments Filed to Regulation Made Under Ontario Pension Benefits Act
The Ontario government has filed O. Reg. 235/14, amending Regulation 909 of the Pension Benefits Act (“PBA”) in respect of new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”), requirements to provide periodic statements to former and retired members and the content of annual member statements. Draft regulations (“Draft Regulations”) were previously released for…
Ontario Files Regulation under PBA Regarding SIPPs and Requirements for Disclosure Statements
On November 27, 2014, the Ontario government filed O. Reg. 235/14, amending Regulation 909 made under the Pension Benefits Act (“PBA”). O. Reg. 235/14 establishes new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”). It requires that a SIP&P be filed with the Superintendent of Financial Services within 60 days after January 1, 2016…
Human Rights in the School Board Sector
Agenda Human rights issues are becoming increasingly complex and more difficult to understand and manage. As both employers and service providers, school boards are faced with human rights challenges on a daily basis. As employers, human rights issues can arise in a variety of contexts – from benefits to accommodation to attendance management. As…
OLRB Refuses to hear CUPE Job Security Complaint
In a significant unfair labour practice case, Canadian Union of Public Employees v. Algoma District School Board, the Ontario Labour Relations Board (“OLRB”) held that CUPE’s complaints regarding the alleged alteration of employment terms by ten school boards during the statutory freeze period had to proceed through local grievance and arbitration procedures, rather than as an…
Arbitrators Address Off-Duty Social Media Comments
Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…
Human Rights Update 2014: Accommodation and the Diverse Workforce
Materials Case Law Summaries PowerPoint Presentation Slides Agenda As the workforce in Ontario has become increasingly diverse, the range and complexity of accommodation issues facing Ontario employers have also grown substantially. Keeping up with the continually-evolving legal landscape with respect to accommodation issues can be a challenge for many busy Corporate Counsel and Human Resources…