The Financial Services Tribunal (the “Tribunal”) recently released a decision that discusses, in detail, who is the employer for funding purposes under the Pension Benefits Act (“PBA”). This decision will be of interest to employers who participate in pension plans with more than one employer, but are not multi-employer pension plans or “MEPPs”, if the…
Publication Name: FTR Now
Critical Injury or Fatality of a Non-Worker: To Report or Not To Report?
A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act (“OHSA”)? According to a recent decision by the Ontario Labour Relations Board, the answer is “yes”. The Labour Board found that employers and contractors are…
Solvency Funding Relief is Here
This week saw the culmination of many months of work by the Ontario and Federal Governments with respect to solvency funding relief measures. As of yesterday, June 24, 2009, both sets of solvency funding relief regulations have been enacted. The new regulations attempt to balance the goals of maintaining benefit security for employees and retirees,…
Court Dismisses Motion to Certify Class Action for Overtime Wages
On June 18, 2009, Madam Justice Lax of the Ontario Superior Court of Justice released her decision, in which she dismissed the motion for certification of a proposed class action brought by Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce (“CIBC”) with respect…
Access and Production Requirements and Records Possessed by Faculty Members
The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…
Pension Funding In CCAA Restructuring Proceedings
The pension plan funding difficulties of cash strapped companies have been the focus of significant media attention over the last few months. It is no surprise that two recent decisions of the Quebec Superior Court have gained considerable attention. This FTR Now looks at the AbitibiBowater proceedings and the court’s consideration of a company’s ability…
Employer Bulletin: Influenza A(H1N1)
You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…
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…
Amendments Made to Temporary Help Agency Bill
On December 10, 2008, we notified clients of the Ontario Government’s plan to amend the Employment Standards Act, 2000 to regulate temporary help agencies. In our FTR Now, “Newsflash: Ontario Government to Amend the Employment Standards Act, 2000”, we discussed the content and impact of Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies),…
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…