Section 3 of Schedule 44 to the Strong Action for Ontario Act (Budget Measures), 2012, has been proclaimed into force effective January 1, 2013. This section repeals and replaces 55.2(12) of the Pension and Benefits Act to provide that section 55.2, Letters of Credit, will not apply with respect to a jointly sponsored pension plan…
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Regulatory Proposal Issued Regarding School Bus Driver Requirements
On November 22, 2012, the Ontario government (Ministry of Education) issued a regulatory proposal regarding the requirement that school bus drivers have a clear criminal record check report in order to qualify for and hold the requisite driver’s licence. That requirement is currently found in a regulation under the Highway Traffic Act. Under this proposal,…
Regulation Filed under Public Sector Salary Disclosure Act
On November 22, 2012, the Ontario government filed O. Reg. 385/12 made under the Public Sector Salary Disclosure Act, 1996. It provides that the following amounts are to be considered “salary” for the purposes of the Act for each year, commencing in 2012: 1. An amount received by an employee as remuneration on a per…
Proposed Amendments to CIRB Regulation Published for Comment
On November 17, 2012, the federal government published proposed Regulations Amending the Canada Industrial Relations Board Regulations, 2001, inviting interested parties to comment on the proposed regulatory text within two weeks of the date of publication. The proposed Regulations follow consultations conducted by the Canada Industrial Relations Board (“CIRB”) throughout 2011 with labour and management…
Letters of Credit Amendment to PBA Proclaimed into Force
Section 18 of the Securing Pension Benefits Now and for the Future Act, 2010 has been proclaimed into force effective January 1, 2013. This section amends the Pension Benefits Act (“PBA”) to add section 55.2, Letters of Credit. As previously reported, the supporting regulation to section 55.2, O. Reg. 364/12, was filed on November 15,…
Letters of Credit Pension Regulation Filed
On November 15, 2012, the Ontario government filed O. Reg. 364/12, which amends Regulation 909 made under the Pension Benefits Act (“PBA”) and implements the framework for letters of credit under the yet to be proclaimed section 55.2 of the PBA. Section 55.2 of the PBA will allow the use of letters of credit in…
Federal Committee Considers Bill Requiring Disclosure of Information by Labour Organizations
On November 7, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) was considered before the House of Commons Standing Committee on Finance. Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file a public information return…
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos
An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…