Practice Area: Labour Relations

Amendments to CIRB Regulations Now in Force

· 2 min read

On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…

PSFA “General” Regulation Filed

· 1 min read

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…

Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration

· 4 min read

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…

SCC Grants Leave to Appeal in Freedom of Association/Collective Bargaining Case

· 2 min read

On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…

Reaching Out – Second Edition

· 21 min read

Dear Friends, Happy Holidays! Since our first edition of Reaching Out this past summer, the fall has managed to fly by and we find ourselves already gearing up for the holiday season. We hope you found our first edition of our social services update informative and we always appreciate your feedback. In our Winter edition,…

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

· 1 min read

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…

Bill Requiring Disclosure of Information by Labour Organizations Reported Back to House of Commons

· 1 min read

On November 27, 2012, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was deemed reported without amendment back to the House of Commons from the Standing Committee on Finance. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to…