On September 12, 2012, sections 1 through 19 (inclusive) and 21 of the Putting Students First Act, 2012 (”PSFA”) were proclaimed in force. The restraint period applies retroactively, as outlined in the Act. On that date, the Ontario government filed a new regulation under the Education Act with respect to hiring practices. It is important…
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Operation of Pension and Benefit Plans do not Discriminate on the Basis of Age: Human Rights Tribunal of Ontario
Recent decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) provide welcome guidance for employers who have been confronted with allegations that provisions of their pension and benefit plans discriminate on the basis of age under the Ontario Human Rights Code (the “Code”). In several decisions the Tribunal has held that some age-based distinctions…
New Regulation Gives Pharmacists Ability to Administer Flu Shots, Renew Prescriptions
On October 1, 2012, O. Reg. 302/12 made under the Pharmacy Act, 1991 was filed. The regulation amends O. Reg. 202/94 (General) by adding “Controlled Acts” provisions permitting, among other things: a pharmacist to administer the influenza vaccine to a patient five years or older in accordance with prescribed conditions; and a pharmacist or other…
Raising the Bar – Fourth Edition
“I’m so glad I live in a world where there are Octobers.” L.M. Montgomery Dear Friends, We are pleased to provide you with the fourth issue of Raising the Bar. Our batteries are recharged following a summer break, and we are ready for autumn! In this issue, we share with you recent decisions that you…
EI Rates Set for 2013
On September 14, 2012, the 2013 employment insurance premium rate for residents of all provinces (with the exception of Québec) was set at $1.88 per $100 of insurable earnings by resolution of the Canada Employment Insurance Financing Board. The 2013 employment insurance premium rate for Québec residents was set at $1.52 per $100 of insurable…
The Proposed Protecting Public Services Act Would Significantly Change Terms and Conditions of Employment for Directors, Superintendants and Senior Board Officials
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would, if enacted, implement new compensation restraint measures for the Broader Public Sector (“BPS”) and would impose a significant new provincially mandated collective bargaining regime. At first glance, the Draft Bill may…
Appeal Heard in Blue Mountain OHSA Critical Injury Reporting Case
The Ontario Court of Appeal heard oral arguments in the Blue Mountain Resorts Ltd v. Ontario appeal on September 27, 2012. The issue in that case centres on the determination by the Ontario Labour Relations Board that a hotel guest’s drowning in the hotel swimming pool was reportable under the Occupational Health and Safety Act,…
October 1 Deadline to Display New Health and Safety Poster
Ontario employers must find room on their bulletin boards by October 1, 2012 to display a new Ministry of Labour poster entitled “Health and Safety at Work: Prevention Starts Here.” The poster was developed in response to a recommendation of the Expert Advisory Panel to review Ontario’s occupational health and safety system and summarizes key…
Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Broader Public Sector
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
Ontario Releases Draft Compensation Restraint Legislation for Consultation
Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…