On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
Practice Area: Labour Relations
Ontario Releases Draft Compensation Restraint Legislation for Consultation
Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…
Court Pierces Corporate Veil in “Common Employer” Case
Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….
New PSFA Regulation Filed – Deductions From Wages
On September 21, 2012, the Ontario government filed a new regulation under the Putting Students First Act, 2012. O. Reg. 282/12 (Orders to Reimburse Boards – Deductions From Wages) applies with respect to the deduction, under subsection 9 (6) of the PSFA, from an employee’s wages for amounts the employee is required to reimburse to…
Bill 115, Putting Students First Act, 2012 Passes Third Reading
On September 11, 2012, Bill 115, Putting Students First Act, 2012, passed at Third Reading, as amended by the Standing Committee on Social Policy. The Act will come into force on a day to be proclaimed by the Lieutenant Governor. For background information on the Putting Students First Act, please see our FTR Now of…
Leave to Appeal Sought in Freedom of Association Case
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
Proposed Teacher Bargaining Legislation Passes Second Reading, Referred to Committee
On September 5, 2012, Bill 115, Putting Students First Act, 2012, carried at Second Reading and was ordered referred to the Standing Committee on Social Policy. For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”
Changes to Proposed Legislation on Teacher Bargaining
On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was released on August 16, 2012, including a key change to the proposed regulation-making powers about the imposition of…
Ontario Introduces Bill 115, Putting Students First Act, 2012
On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was first introduced on August 16, 2012. We are in the process of reviewing the proposed legislation. For background…