The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…
Practice Area: Labour Relations
Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed
On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…
Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
Ontario Launching New Long-Term Care Home Investigations Unit
The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Significant Changes to Ontario Policing Legislation Coming Into Force April 1, 2024
The Ontario government has proclaimed into force key provisions of Bill 68, Comprehensive Ontario Police Services Act, 2019 which enacts the Community Safety and Policing Act, 2019 (Act). Effective April 1, 2024, the Ontario Police Services Act, 1990 will be repealed and replaced with the Act. For further information about these changes, see our FTR…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
Federal Prompt Payment for Construction Work Act Now in Force
On December 9, 2023, the Federal Prompt Payment for Construction Work Act (Act) was proclaimed into force. The Act was originally introduced in 2019 as part of the omnibus Budget Implementation Act, 2019, No. 1. As stated in the government’s news release, the Act is designed to address the construction industry’s long-standing concerns around doing…
Raising the Bar – Year-End Edition
As we welcome the holidays, we thought it would be a perfect time to share our latest edition of Raising the Bar. We hope you enjoy it and have some well-deserved time off over the holiday break. In this issue, we review i) the threshold Ontario courts expect employers to meet in justifying terminations for…