On March 10, 2011, a private member’s motion calling upon the Ontario government to introduce legislation allowing for the mandatory retirement of firefighters involved in fire suppression duties at age 60 was passed in the Legislature. While there is no indication at this time as to whether the government will propose such legislation, the motion…
Practice Area: Human Rights
Giving Accessibility the Green Light: Ontario Government Moves Forward With a Draft “Integrated Accessibility Standards” Regulation Under the AODA
The Ministry of Community and Social Services (the “Ministry”) has released for public comment the long-awaited draft Integrated Accessibility Standards regulation (the “Draft Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The 54-page Draft Regulation combines accessibility standards in three areas: information and communication, employment, and transportation. It…
Proposed AODA Integrated Accessibility Regulation Posted For Public Comment
On February 1, 2011, the Ontario government published its proposed Integrated Accessibility Regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for final public review and commentary. This draft regulation reflects public input received on the initial draft Integrated Accessibility Standard summary of proposed regulatory requirements released in September 2010. Among the…
Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed
The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…
2011 Winter Issue
FOCUS ON MUNICIPAL Municipal miracles – doing more with less LEGAL DEVELOPMENTS Attendance management and innocent absenteeism Child-related responsibilities and family status protection PROFILE From farm to firm Download PDF
Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older
On October 31, 2010, Arbitrator Etherington issued a significant award on the interpretation of the provisions of the Ontario Human Rights Code (the “Code”) and the Employment Standards Act, 2000 (the “ESA, 2000” ), which effectively permit an employer to reduce or eliminate employee benefits once an employee reaches age 65. Arbitrator Etherington found that…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Proposed Integrated Accessibility Regulation Under the AODA: FTR Now
On Friday, September 10, 2010, Hicks Morley published a detailed overview of the “Integrated Accessibility Regulation Proposed Under the AODA” in an FTR Now, which is available on our website. As previously reported, the proposed Integrated Accessibility Regulation was published by the Ontario government on September 2, 2010.
Integrated Accessibility Regulation Proposed Under the AODA
On September 2, 2010, the Ontario Ministry of Community and Social Services proposed an Integrated Accessibility Regulation (the “proposed Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The proposed Regulation would combine three accessibility standards into one – information and communication, employment and transportation. In addition, the proposed Regulation includes detailed compliance…
Ontario Proposes Integrated Accessibility Regulation Under AODA
On September 2, 2010, the Ontario government published the proposed integrated accessibility regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for public review and commentary. As previously reported, the IAR initiative combines the information and communications, employment and transportation standards into a single, integrated regulation, intended to make them “more flexible”…