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…
Practice Area: Labour Relations
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.
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 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…
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…
TTC “Essential Service” Legislation Passes Second Reading, Referred to Committee
On March 8, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, carried at Second Reading and was ordered referred to the Standing Committee on General Government. As previously reported, Bill 150 is proposed legislation that would designate the Toronto Transit Commission an essential service and provide for binding arbitration by a…
TTC Labour Disputes Resolution Act, 2011 (Bill 150)
Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, proposed legislation announced yesterday by the Ontario government, has now been posted on the Legislative Assembly website.
TTC “Essential Service” Legislation to be Introduced
On February 22, 2011, the Ontario government announced plans to introduce the Toronto Transit Commission Labour Disputes Resolution Act, 2011, legislation designating the Toronto Transit Commission an essential service. The legislation, if passed, would provide for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining, effectively banning strikes…
School Board Update – The Prep Time Payback Saga
School boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…