The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Industry: Education
Federal Cannabis Act Passes Third Reading in Senate
On June 7, 2018, Bill C-45, the Cannabis Act, passed Third Reading in the Senate as amended. Bill C-45 will now return to the House of Commons where the House will decide whether to accept or reject the Senate’s amendments. We will continue to monitor and report on the progress of the Bill.
New Smoke-Free Ontario Act, 2017 in Force July 1, 2018: What Employers Should Know
On July 1, 2018, the Smoke-Free Ontario Act, 2017 (SFO Act) and accompanying regulation will come into force. It was enacted as part of the omnibus Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. The SFO Act repeals and replaces the Electronic Cigarettes Act, 2015 and the Smoke-Free Ontario Act (Earlier Acts), consolidating many provisions of those two statutes into one place. It also contains new requirements for employers and others.
Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional
The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.
Election Update: Is Your Employee Entitled to Paid Time Off to Vote?
The Ontario provincial election will be held on June 7, 2018. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours in order to vote. Learn more in this FTR Now.
Update on Personal Emergency Leave in the Municipal Sector
The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.
Ontario Implements Anti-Racism Act Regulations
On April 20, 2018, the Ontario government filed regulations under the Anti-Racism Act, 2017 (ARA) setting out personal information that certain public sector organizations (PSOs) will be authorized or required to collect under the ARA for the purpose of eliminating systematic racism.
Ontario Budget Bill Passes
On May 8, 2018, Bill 31, the Plan for Care and Opportunity Act (Budget Measures), 2018, passed Third Reading and received Royal Assent. As previously reported, Bill 31 is omnibus legislation implementing some of the key initiatives outlined in the government’s 2018 Budget. Bill 31 makes the following pension-related changes: Increases Pension Benefits Guarantee Fund…
The Dawn of a New Day: Ontario Pension Funding Rules Are Here
Effective today, May 1, 2018, the funding rules for Ontario defined benefit (DB) pension plans are fundamentally changed. Learn how they apply to your plan – and how your organization can prepare for implementation.
Ontario Passes Pay Transparency Legislation
On April 26, 2018, Bill 3, the Pay Transparency Act, 2018, passed Third Reading, as amended by the Standing Committee on Social Policy. As we previously reported, Bill 3 enacts new rules governing the disclosure of information about the compensation of employees and prospective employees. Among other things, it requires “employers” (as the term is…