The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
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Survivor Benefits Amendments Proclaimed in Force October 1, 2012
On September 8, 2012, amendments to section 44 of the Pension Benefits Act were proclaimed in force effective October 1, 2012. Specifically, the amendments clarify (1) that survivor benefits can be reduced on the death of either spouse, and (2) that consent will be required in order to commute small survivor benefits where the member…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
AODA Legal Compliance from A to Z: Staying Ahead of the Curve (Accredited)
This session is a review and update for in house legal counsel and human resources professionals on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) and will focus on: Reviewing key requirements of the Integrated Accessibility Standards (“IAS”) – including policy development, training, employment practices, website content and design, general communications Reviewing timelines…
Education Act Regulations Filed: Extended Day and Third Party Programs
On August 31, 2012, the Ontario government filed the following two regulations under the Education Act: O. Reg. 245/12 (Full Day Junior Kindergarten and Kindergarten) revokes and substitutes the table of school boards and schools listed in Schedule 1 of O. Reg. 224/10; and O. Reg. 246/12 (Extended Day and Third Party Programs) revokes and…
Québec VRSPs Bill Expires on Order Paper
As previously reported, in its March 2012 Budget the Québec government signalled its commitment to establish Voluntary Retirement Savings Plans (“VRSPs”), mandatory group pension plans that all employers in Québec employing at least five employees would have been required to implement, if they did not already provide a retirement savings plan for employees. The VRSPs…
Hicks Morley Information and Privacy Post – 2011/2012
Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…
Pension Assignments Must be Clear and Unambiguous
On July 27, 2012, the Ontario Superior Court of Justice held that if a pension plan member wishes to assign an interest in his or her pension entitlement to a former spouse, the language of the separation agreement or divorce order must be clear and unambiguous. Since the language of the separation agreement and divorce…
Putting Students First Act to be Introduced August 27, Legislature Recalled
The Ontario government announced that the Legislature has been recalled for August 27, 2012 to permit the introduction of the government’s Putting Students First Act Bill. As previously reported, the government first released a draft of the Putting Students First Act on August 16, 2012, legislation that would, if passed, impose a two-year freeze on…
Ontario To Introduce Wage Freeze Legislation for Teachers
On August 16, 2012, the Ontario government announced its intention to introduce the Putting Students First Act, legislation that would, if passed, impose a two-year freeze on teacher salaries and prohibit labour disruption, among other matters. Specifically, the Bill would require school boards and local bargaining units of teachers and support staff to accept local…