On December 9, 2009, the Ontario Legislature passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. Bill 168 will come into effect on June 15, 2010. Bill 168, which requires employers to develop policies to address workplace violence and harassment and to assess the risk of violence…
Practice Area: Workplace Safety & Insurance
Firefighters’ Presumptive Legislation Now Applies To Volunteers
Effective November 4, 2009, the Ontario Government has expanded its presumptive occupational disease coverage legislation for firefighters to volunteer and part-time firefighters and to fire inspectors. This coverage will apply on the same terms and for the same diseases, in accordance with the Workplace Safety and Insurance Act (“WSIA”). This change will have very significant…
WSIB Launches SIEF Pilot Project
On September 21, 2009, the Workplace Safety and Insurance Board (“WSIB”) launched a pilot project implementing important new changes to the way it administers its Second Injury and Enhancement Fund (“SIEF”). In this FTR Now, we discuss the new SIEF administrative process. SIEF POLICY SIEF was established to provide cost relief to employers where a…
Ban on Hand-Held Devices And Display Screens Starts In October
In our FTR Now of September 24, 2009, “Cell Phone and Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?,” we provided you with a detailed overview of the new legislation restricting the use of hand-held mobile technology devices and presence of display screens while driving. Yesterday, the Ontario Government announced that…
Hicks Morley Ranks #1 in Labour and Employment Law
Hicks Morley once again ranked #1 in Canada in the field of Labour and Employment Law in Best Lawyers® in Canada 2010. Hicks Morley has more listed lawyers (19 in total) in this field than any other firm in Canada and is also the #1 ranked firm in Ontario. Toronto John C. Field Labour and…
Municipalities and Occupational Diseases
Occupational disease claims can be very expensive for Schedule 2 employers, particularly those that have a fire department. However, the Workplace Safety and Insurance Tribunal (WSIAT) has recently provided employers with some relief from the costs of occupational disease claims. BACKGROUND In 2007, the Provincial Government passed Bill 221, which introduced a presumption that various…
Ontario Government Introduces Workplace Violence Legislation
On April 20, 2009, the Ontario Government introduced amendments to the Occupational Health and Safety Act (Act) to address workplace violence and harassment. If passed, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, would require employers to develop policies to address workplace violence and harassment and to…
Supreme Court of Canada Issues Landmark Judicial Review Decision
On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…
Students at Risk – Maintaining Balance After Virginia Tech
IN THIS ISSUE: What would the reasonable administrator do? When there is imminent risk of serious harm Managing non-imminent risks is challenging but possible Conclusion – Schools should assert their right to information