The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…
Practice Area: Labour Relations
School Board Update – Arbitrator Rules in Board’s Favour in Lakehead DSB Prep Time Payback Case
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
PSLRTA Consultations Relating to Proposed Amalgamation of CASs Initiated by Ontario
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…
Mandatory Retirement Legislation For Firefighters Introduced (Age 60)
On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…
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…
Non-Construction Employer Declaration Provision in LRA Constitutional
On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…
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),…
TTC “Essential Service” Legislation Receives Royal Assent
On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, received Royal Assent and came into force. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining.
TTC “Essential Service” Legislation Passes Third Reading
On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, passed Third Reading. It will come into force upon Royal Assent. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be…
TTC “Essential Service” Legislation Ordered for Third Reading
On March 24, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, was reported without amendment from the Standing Committee on General Government and ordered for Third Reading. As previously reported, Bill 150 is proposed legislation that would designate the Toronto Transit Commission an essential service and provide for binding arbitration by…