Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…
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2012 EI Premium Rate Set
On November 14, 2011, the Board of Directors of the Canada Employment Insurance Financing Board passed a resolution setting the 2012 Employment Insurance (“EI”) premium rate for residents of all provinces, with the exception of Quebec, at $1.83 per $100 of insurable earnings. The EI premium rate for Quebec residents has also been set, at…
School Board Update – Anti-Bullying Legislation Tabled in Ontario Legislature
Last week, both the Ontario government and the Progressive Conservatives tabled legislation to put in place measures to combat the problem of bullying in schools. The government’s version, Bill 13 (the Accepting Schools Act, 2011), and the Progressive Conservatives’ version, Bill 14 (the Anti-Bullying Act, 2011), have the same broad goals but have established some…
IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
Supreme Court of Canada Upholds Finding of Wage Discrimination
In a federal sector pay equity complaint that stretched on for nearly 30 years, the Supreme Court of Canada has upheld a finding of the Canadian Human Rights Tribunal of gender-based wage discrimination. The result is an order to compensate employees for lost wages over a 20 year period. This FTR Now discusses the Supreme…
Ontario Introduces Anti-Bullying Legislation
On November 30, 2011, the Ontario government tabled Bill 13, the Accepting Schools Act, 2011, legislation intended to address the issue of bullying in schools. This Bill, if passed, would amend the Education Act to include, among other things: a definition of bullying; a requirement that school boards implement policies promoting positive school environments that…
Court Finds Tort of Conspiracy in Case of Departed Insurance Producers
On October 6, 2011, Justice Stinson released an important decision finding two insurance producers liable for departing and taking a book of business without paying for it. Neither producer had signed written contracts regarding who owned the books of business. Justice Stinson held that one of the producers breached his verbal agreement that he would…
Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in the Fire Sector
INTRODUCTION In recent years, the issue of whether or not to adopt a 24 hour shift schedule has become one of the top demands that fire associations are seeking at the bargaining table and at interest arbitration. Fire associations have sought the 24 hour shift regardless of the size of the department, population served or…
Stephen Shamie Quoted in Queen’s Law Reports
Hicks Morley partner Stephen Shamie was quoted in the 2011 edition of Queen’s Law Reports. In an article entitled “Centre for Law in the Contemporary Workplace,” Stephen comments on the end of mandatory retirement and identifies that when challenges arise in areas where mandatory retirement can be justified, such as jobs where strenuous physical activity…
Pooled Registered Pension Plan Framework Introduced
On November 17, 2011, the federal government introduced the much anticipated Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, also known as the Pooled Registered Pension Plans Act (the “PRPP Act”). The proposed legislation follows high-profile consultations with the provinces and the industry, which resulted in…