Effective April 1, 2011 and July 1, 2011, certain sections of the federal Jobs and Economic Growth Act (Bill C-9) and the Pension Benefits Standards Act, 1985 (“PBSA”) come into force. As previously reported, amendments to the PBSA which were brought into force effective April 1, 2011 include provisions: permitting plan sponsors to secure letters…
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There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
PSLRTA Consultations Relating to Proposed Amalgamation of CASs Initiated by Ontario
On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies (“CASs”). The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On April 18, 2011, the Ontario government introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011, legislation that would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppresion duties, in certain circumstances. In addition, the legislation…
Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction
Last year, Arbitrator Owen Shime issued his now well known decision against the Greater Toronto Airport Authority (“GTAA”) for the wrongful termination of an employee who had been on sick leave. The decision was judicially reviewed and the outcome highly anticipated given the significant principles at stake. This FTR Now reviews the recent decision of…
Federal Election 2011: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for May 2, 2011. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. Under the Canada Elections Act, voting…
Non-Construction Employer Declaration Provision in LRA Constitutional
On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…
A Roadmap to Federal Pension Reform
On April 1, 2011, amendments to the Pension Benefits Standards Regulations (“PBSR“) came into effect that alter the rules regarding the funding and operation of pension plans governed by the Pension Benefits Standards Act, 1985 (“PBSA“). Since 2009, the Federal Government has taken a number of steps to reform the PBSA and the PBSR. This…
Consolidated “Confined Spaces” OHSA Regulation Filed
On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011. O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities…