Spurred on by the current economic unrest, the Ontario Government announced yesterday that it will introduce legislation in early 2009 to provide pension plans with solvency funding relief. Following on the heels of the release of the Report of the Expert Commission on Pensions, the proposed temporary solvency relief is intended to better ensure the…
Publication Name: FTR Now
Newsflash: Ontario Government to Amend the Employment Standards Act, 2000
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
Ontario Expert Commission on Pensions Releases Report
The Ontario Expert Commission on Pensions (the “Expert Commission”) released its much anticipated Report “A Fine Balance” to the public today. The full Report is 222 pages and contains 142 recommendations “for reforming and reinvigorating Ontario’s pension system”. HIGHLIGHTS OF KEY FINDINGS AND RECOMMENDATIONS New Regulatory Regime Recommended The Expert Commission recommended that the current…
Court of Appeal Considers Scope of Right to Collectively Bargain
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
Ministry of Labour Blitz of Industrial Workplaces for Electrical Hazards
The Ministry of Labour is currently conducting a blitz of workplaces, where the regulation for Industrial Establishments applies, to ensure compliance with the electrical hazard provisions of the regulation. Inspectors will take a “zero tolerance” approach to any contraventions. “Since 1998 there have been 69 workers killed, 263 critically injured and 844 workers who received…
New Framework Proposed for the Regulation of Multi-Jurisdictional Pension Plans
On October 21, 2008, the Canadian Association of Pension Supervisory Authorities (“CAPSA”) released the Proposed Agreement Respecting Multi-Jurisdictional Pension Plans (the “Proposed Agreement”), which aims to provide a clearer, more detailed framework for the administration and regulation of pension plans that have members in more than one Canadian jurisdiction (“multi-jurisdictional pension plans”, or “MJPPs”). If…
Ontario and BC Privacy Commissioners Release Guidance on Violence Prevention at Universities and Colleges
The Ontario and BC Privacy Commissioners have released a Practice Tool for Exercising Discretion in the context of violence prevention at universities, colleges and other educational institutions. A copy of the Practice Tool can be found here. The Practice Tool is an important part of the Commissioners’ attempts to educate institutions about their abilities to…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
Preventing Workplace Violence: Ontario Looks at Amending the Occupational Health and Safety Act
On September 17, 2008, the Ontario Ministry of Labour released a Consultation Paper on Workplace Violence Prevention. The Consultation Paper seeks input from workplace parties on whether and how Ontario should address workplace violence under the Occupational Health and Safety Act (“OHSA”). The Consultation Paper asks for input on whether OHSA should be amended to…