On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…
Industry: Mining & Natural Resources
Ontario Publishes Review of AODA and Recommendations
On February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…
Ontario to Launch Public Consultations on Labour and Employment Legislation
On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…
Supreme Court Expands “Freedom of Association” and Recognizes Right to Strike
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
Court of Appeal Holds that Counsel May Review Draft Expert Witness Reports
The Court of Appeal for Ontario has clarified the law in deciding that it is appropriate for counsel to review and discuss draft reports of expert witnesses. In so doing, the Court rejected the reasoning in an earlier trial court decision. In Moore v. Getahun, the Court of Appeal concluded that the practice of counsel…
Federal Court of Appeal Breaks the Tie: Without Cause Dismissals Permitted Under Canada Labour Code
The Federal Court of Appeal has acted as a “tie-breaker” on a “nagging legal point” as to whether Part III of the Canada Labour Code (“Code”) permits dismissals on a without cause basis. In Wilson v. Atomic Energy of Canada Limited, the Court unanimously held that it does, bringing welcome clarity to an area of…
Ontario Proposes PBA Regulations For Merging or Converting SEPPs into JSPPs
On January 20, 2015, the Ontario government released proposed new regulations (“proposed Regulations”) under the Pension Benefits Act (“PBA”) for public comment. The proposed Regulations are designed to facilitate the merger of broader public sector (“BPS”) single employer pension plans (“SEPPs”) and jointly-sponsored pensions plans (“JSPPs”), either through (a) a transfer from the SEPPs to…
Ontario Consults on Mandatory LTD Insurance Regulations
On January 16, 2015, the Ontario Ministry of Finance launched a public consultation on regulations to support the new requirement to insure long-term disability benefits. As previously reported, the Ontario government passed as yet unproclaimed amendments to the Insurance Act requiring employers who provide their employees with long-term disability (“LTD”) plan benefits to insure the…
Court Upholds Two-Year Limit on LOE Benefits for Workers Age 63 or Older
The Ontario Divisional Court’s recent decision upholding the two-year limitation on loss of earnings (“LOE”) benefits for workers age 63 and older should reassure employers that Ontario courts take notice that LOE benefits are not meant to be paid for life. Section 43(1)(c) of the Workplace Safety and Insurance Act (“WSIA”) limits LOE entitlement for…
New Federal Holiday Pay Formula Effective March 16, 2015
Effective March 16, 2015, significant reforms to the general holiday provisions of Part III of the Canada Labour Code will come into force. The amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements. In this FTR Now, we highlight key aspects of these pending changes and the…