Effective April 15, 2012, certain provisions of the Retirement Homes Act came into force, including sections 34 to 49 of Part III (Licence to Operate a Retirement Home). Sections dealing with safety standards and compliance, staff skills, prescribed qualifications and training as well as Orders of the Registrar and Appeals (Part V), among other matters,…
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Ontario Budget – Highlights for Employers
On Tuesday, March 27, the Ontario Government introduced its 2012 Budget, which is entitled Strong Action for Ontario (the “Budget”). The Government also introduced Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”), omnibus legislation designed to implement a number of the proposals contained in the Budget. The Budget sets out…
Bill 160 OHSA Amendments Coming Into Force
The Ontario government has proclaimed that effective April 1, 2012, certain amendments to the Occupational Health and Safety Act (the “Act”) outlined in Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, will come into force. These include: amendments to s. 50 of the Act that allow an inspector to refer a…
Bill 119 – What You Need To Know
Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, makes insurance coverage mandatory for certain categories of persons operating in the construction industry (independent operators, sole proprietors, partners in partnerships and executive officers of a corporation). This FTR Now outlines these significant new changes and suggests the next steps individuals contracting with contractors and…
Ontario Introduces Education Act Amendments Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012. If passed, the Bill would rename Part XIII.1 of the Education Act “Pupil Health,” and create new provisions for concussions. These provisions would authorize the Minister to make policies and guidelines relating to the following: the distribution of head injury…
Ontario Confirms Full-Day Kindergarten Class Size at Average of 26
On March 2, 2012, the Ontario government filed amendments to O. Reg. 399/00 (Class Size) under the Education Act. O. Reg. 26/12 provides that effective September 1, 2012, the average size of junior kindergarten and kindergarten classes that a school board is required to operate under Ontario regulation 224/10 (Full Day Junior Kindergarten and Kindergarten)…
Bill 28, Registered Human Resources Professional Act, 2011, referred to Committee
On March 1, 2012, Bill 28, Registered Human Resources Professional Act, 2011, was referred to the Standing Committee on General Government. Bill 28 is a private member’s bill which is co-sponsored by three Members of Provincial Parliament, one from each of the Liberal, PC and NDP parties. If passed, Bill 28 will repeal the Registered…
The Drummond Report – Impact on the Broader Public Sector
On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service (“BPS”). In our companion FTR Now, Drummond Commission Reports on Elementary and…
Super Priority for CCAA Charges Granted Preference Over Pension Deficits
On February 2, 2012, in On Re Timminco, the Commercial Court granted an order for “super priority” for an Administration Charge ($1,000,000) and Directors’ and Officers’ Charge ($400,000) in preference to other encumbrances, including pension deficits in Timminco’s pension plans (aggregate deficit is in excess of $11,000,000). Justice Morawetz found that federal insolvency legislation, specifically…
How the New Privacy Tort Will Affect Employers
On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…