On May 4, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, received Royal Assent. As previously reported, Bill 140 carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy on April 19, 2011. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000…
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Ontario 2011 Budget Bill Ordered for Third Reading
On May 5, 2011, Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011, was reported as amended by the Standing Committee on Finance and Economic Affairs. As previously reported, Bill 173 is omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on March 23,…
FTR Quarterly – 2011 Spring Issue
FOCUS ON PAY EQUITY Avoiding the pay equity shock GREAT MOVES Movin’ on up LEGAL DEVELOPMENTS Redefining “employee” under the Occupational Health and Safety Act Social media harms PROFILE Hospitality plus Download PDF
The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights
On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
Supreme Court of Canada Considers Scope of Collective Bargaining Rights
The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…
Ontario Announces Safety Blitz Focusing On Young Workers
On April 27, 2011, the Ontario government announced that it will launch a safety blitz on May 1 intended to protect young workers by ensuring that employers are complying with regulations under the Occupational Health and Safety Act. In part, the initiative will focus on whether young workers are: being instructed, trained and supervised on…
School Board Update – Arbitrator Rules in Board’s Favour in Lakehead DSB Prep Time Payback Case
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
Bill C-9 Pension Reforms Come Into Force
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…
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…
Affordable Housing Legislation (Bill 140) Passes Third Reading
On April 19, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. As previously reported, the legislation…