On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies (“CASs”). The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability…
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Ontario Court of Appeal Revisits Pension and Insolvency Principles: Indalex
INTRODUCTION On April 7, 2011, the Ontario Court of Appeal (the “Court”) released its decision in Re Indalex Limited. In this decision, the Court considers and revisits fundamental and established Canadian pension and insolvency law principles, making this decision required reading for members of pension committees, human resources professionals involved in pension plan administration, and…
Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction
Last year, Arbitrator Owen Shime issued his now well known decision against the Greater Toronto Airport Authority (“GTAA”) for the wrongful termination of an employee who had been on sick leave. The decision was judicially reviewed and the outcome highly anticipated given the significant principles at stake. This FTR Now reviews the recent decision of…
A Roadmap to Federal Pension Reform
On April 1, 2011, amendments to the Pension Benefits Standards Regulations (“PBSR“) came into effect that alter the rules regarding the funding and operation of pension plans governed by the Pension Benefits Standards Act, 1985 (“PBSA“). Since 2009, the Federal Government has taken a number of steps to reform the PBSA and the PBSR. This…
Ontario Budget 2011 – Highlights for Employers
INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…
Ontario 2011 Budget Introduced
On March 29, 2011, the Ontario government introduced its 2011 Budget, “Turning the Corner to a Better Tomorrow” (PDF). Highlights in the Budget of interest to employers include: a general consolidation effort in respect of the broader public sector, including moving to “more coordinated bargaining in sectors where it is appropriate” and pursuing options for…
Federal Budget 2011
The Minister of Finance, the Honourable James M. Flaherty, tabled the Government of Canada’s 2011 Budget “A Low-Tax Plan for Jobs and Growth” in the House of Commons on March 22, 2011. In this FTR Now we review the key aspects of the Budget that are of most interest to employers and human resources professionals….
Federal Mandatory Reporting of Internet Child Pornography Bill Receives Royal Assent
On March 23, 2011, Bill C-22, an Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, received Royal Assent. As previously reported, Bill C-22 imposes a mandatory duty on persons providing an “internet service” (a service providing internet access, e-mail or internet content hosting) to the public to…
Legislature Expresses Interest in Government Presenting Mandatory Retirement Legislation for Firefighters
On March 10, 2011, a private member’s motion calling upon the Ontario government to introduce legislation allowing for the mandatory retirement of firefighters involved in fire suppression duties at age 60 was passed in the Legislature. While there is no indication at this time as to whether the government will propose such legislation, the motion…
Ontario to Amend Occupational Health and Safety Legislation
On March 3, 2011, the Ontario government introduced Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 (“Bill 160”). The proposed Bill 160 amendments, which are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety, would significantly amend the Occupational Health and Safety Act (“OHSA“)….