On January 2, 2013, the Ontario government filed O. Reg. 3/13, Sick Leave Provisions, 2012-2013, amending O. Reg. 313/12 made under the Putting Students First Act, 2012 (“PSFA”). O. Reg. 3/13 revokes and replaces subsection 2(3) of O. Reg. 313/12 with a provision that states any rule made before September 1, 2012 requiring an employee…
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PSFA “General” Regulation Filed
On January 2, 2013, the Ontario government filed O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“PSFA”). Among other things, O. Reg. 2/13 establishes additional prescribed terms further to subsection 2(1) of the PSFA for employees who do not bargain collectively. The terms include, among other things: terms that shall be…
Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed under Education Act
On January 2, 2013, the Ontario government filed O. Reg. 1/13, “Sick Leave Credits and Sick Leave Credit Gratuities” made under the Education Act. The Regulation establishes: a board employee’s eligibility for sick leave credits; the day during a board’s fiscal year on which an employee eligible for sick leave credits will be provided with…
Numerous Errors by Justice of the Peace Result in Overturned OHSA Conviction
In R. v. 679052 Ontario Limited (c.o.b. Auction Reconditioning Centre), the Ontario Court of Justice reaffirmed that active supervision of an employee is not required at all times. Moreover, where an employee is properly instructed not to do a task and the employer has no reason to believe the employee will do that task, the…
Regulatory Amendments Enacted to Allow CPPIB/PSPIB to Rely on Prudent Person Standard
On December 14, 2012, Regulations Amending the Canada Pension Plan Investment Board Regulations were registered. As previously reported and of particular note, this amendment repeals section 12 of the Canada Pension Plan Investment Board Regulations (“CPPIBR”) which established quantitative investment limits in respect of Canadian resource and real properties. The repeal of this section aligns…
Supreme Court of Canada to Hear Appeal in Mounted Police Association Case
The Supreme Court of Canada will be providing further clarification on the freedom of association guarantee in the Charter and the scope of collective bargaining. The Court has recently granted leave to appeal in Mounted Police Association of Ontario v. Canada, where the Court of Appeal for Ontario found that a separate labour relations scheme…
Health and Safety Case May Clarify Employer Obligations
The Alberta Court of Appeal recently granted leave to appeal in a case which will be of interest to employers generally, to clarify the scope of their health and safety obligations, and more particularly to employers who host events at which they rent equipment for use by guests. An Alberta employer had rented a calf-roping…
Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations
Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…
Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration
An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…
Amendment to EI Act on Employer Repayment Obligations Proclaimed Into Force
Sections 605 and 607 of the Jobs, Growth and Long-term Prosperity Act, which amend the Employment Insurance Act (“EI Act”) have been proclaimed into force effective January 6, 2013. Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations…