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Amendments to FIPPA/MFIPPA To Come Into Force January 1, 2016

Schedule 6 of the Public Sector and MPP Accountability and Transparency Act, 2014, which amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, has been proclaimed into force effective January 1, 2016. Among other things, the amendments will: require institutions to ensure that…

ESA Provisions Imposing Shared Liability for Temporary Help Agencies and Their Clients Coming into Force

On November 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA”) which affect Ontario’s temporary help industry and its clients will come into force. The amendments were contained in Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014, which we previously discussed in our FTR Now of July 21, 2014, Ontario Reintroduces Legislation…

Arbitrators Consider Whether Statutory Freeze Applies to MOU Provisions

In an award dated July 30, 2015 [1] (“CSDCEO Award”), Arbitrator Rowan held that the 97-day delay in salary grid movement for teachers, imposed in various teacher collective agreements by a centrally agreed Memorandum of Understanding (“MOU”), was subject to the statutory freeze in the Labour Relations Act, 1995 (the “LRA”). Therefore, the provision could not…

Changes to Personal Health Information Privacy Legislation Introduced

On September 16, 2015, the Ontario government introduced Bill 119, Health Information Protection Act, 2015, which would amend the Personal Health Information Protection Act, 2004 (“PHIPA”) and repeal and replace the Quality of Care Information Protection Act, 2004 (“QCIPA”). With respect to PHIPA amendments, if passed Bill 119 would, among other things: require health custodians to…

ORPP: Ontario Government Announces Implementation Details

Editor’s Note: Following publication of this communication, the Ontario government announced that the first wave of ORPP implementation will be delayed by one year to January 1, 2018. Please be sure to read our FTR Now of February 17, 2016 for updated information on this significant development, or contact your regular Hicks Morley lawyer for…

Ontario Government Announces ORPP Implementation Details

On August 11, 2015, the Ontario government released new details about the Ontario Retirement Pension Plan (“ORPP”) and its implementation. As previously reported, the ORPP was announced in the 2014 Ontario Budget. A consultation paper entitled “Ontario Retirement Pension Plan: Key Design Questions” was released in December, 2014 for public comment. In particular, the paper…

Union Financial Disclosure Bill Receives Royal Assent

On June 30, 2015, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), received Royal Assent. Bill C-377, a private member’s bill, requires unions to file certain financial information with the Canada Revenue Agency (“CRA”) within six months from the end of each fiscal period. Among other things, information to…

Draft Regulations Governing Transfers and Conversions to JSPPs under Sections 80.4 and 81.0.1 of Pension Benefits Act Published

On June 26, 2015, the Ontario government published draft regulations (the “Draft Regulations”) setting out the proposed rules governing the merger or conversion of single employer pension plans (“SEPPs”) to jointly sponsored pension plans (“JSPPs”) in the broader public sector (“BPS”). The draft regulations will support sections 80.4 and 81.0.1 of the Pension Benefits Act…

New Police Record Checks Reforms Introduced

On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…