On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013: Regulation 287 of R.R.O. 1990 – Designation of School Divisions Regulation 288 of R.R.O. 1990 – Designation of Support Staff Regulation 289 of R.R.O….
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Education Act Regulation “Sick Leave Credits and Sick Leave Credit Gratuities” Amended
On January 21, 2013, the Ontario government filed O. Reg. 11/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. Among other things, O. Reg. 11/13: increases to 11 (from 10) the number of sick leave days per year for which an applicable permanent employee is eligible;…
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…
Regulatory Changes to 2013-2014 Professional Activity Days Filed under Education Act
On January 21, 2013, the Ontario government filed O. Reg. 13/13, amending Regulation 304, School Year Calendar, Professional Activity Days, made under the Education Act. Among other things, O. Reg. 13/13 amends subsection 2(3.1) (requirement that every school year shall include a minimum of 194 school days as designated) to add that for the school…
Frank Cesario Quoted in Law Times
Hicks Morley’s Frank Cesario was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Cole prompts vigorous debate on privacy at work”. The Supreme Court of Canada’s recent decision in R v. Cole suggests that employees do retain some reasonable expectation of privacy in personal data stored on employer-owned…
Nortel Pension Plans Regulation Filed
On January 15, 2013, the Ontario government filed O. Reg. 10/13, Nortel Pension Plans, made under the Pension Benefits Act (“Act”) In May 2011, the Act was amended to allow all pensioners of two specified Nortel Networks pension plans to transfer the commuted value of their benefits out of the plans. O. Reg. 10/13 prescribes…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…
Ontario Court Provides Useful Guidance to Employers on Supervision and Training Obligations
The Ontario Court of Justice recently overturned a trial decision which convicted an employer of various infractions under the Occupational Health and Safety Act, finding that numerous errors of law had been made. Of interest for employers is the Court’s conclusion an employer is not obligated to provide training to a worker regarding a specific…
Algoma Steel Pension Plan Regulation Amended
On January 11, 2013, the Ontario government filed O. Reg. 7/13, amending O. Reg. 202/02 “Algoma Steel Inc. Pension Plans” made under the Pension Benefits Act. The regulation is effective as of the date of filing. It makes a number of housekeeping amendments to O. Reg. 202/02 by changing the name “Algoma Steel Inc.” to…
AODA Accessible Built Environment: Consultation Paper on Proposed Changes to Building Code Released
The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including: Renovations…