The Federal Government has launched a consultation process to determine whether changes should be made to federal labour standards legislation, which is found in Part III of the Canada Labour Code (the “Code”) and the Canada Labour Standards Regulations. The consultations cover a wide range of subjects, and, if acted upon, would have a significant…
Publication Name: FTR Now
Federal Budget 2009
INTRODUCTION Acknowledging that Canada is “passing through an extraordinary time”, including the twin threats of a global financial crisis and deepening economic recession, the federal Government tabled its 2009 budget (the “Budget”), “Canada’s Economic Action Plan”, in the House of Commons yesterday. The Budget is designed to improve access to financing, strengthen Canada’s financial system,…
The Supreme Court Rules on the Enforcement of Restrictive Covenants
In an important decision released today, the Supreme Court of Canada has found that restrictive covenants in employment contracts intended to limit an employee’s right to compete against its employer after the employment relationship ends will be unenforceable if they contain ambiguous language or unreasonable terms, subject only to very limited exceptions. This case sends…
Towards Meaningful Solvency Funding Relief
Last month, the Ontario Government announced that it will be implementing regulations to the Pension Benefits Act aimed at providing solvency funding relief to pension plan sponsors in Ontario. As set out in Hicks Morley’s FTR Now: Ontario Government Announces Pension Funding Relief, the exact details of what form the regulatory relief will take are…
What Educational Organizations And Regulatory Bodies Need To Know About Proposed AODA Standard
In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The proposed Accessible Information and Communications Standard (the “Standard”) addresses all manner of conveyance of information and communications, whether orally, in print or electronic, and will impose a variety of requirements and…
Proposed “Accessible Information And Communications Standard” Under The AODA
In late 2008, a proposed new standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) was released for public comment. The standard relates to accessible information and communications, and if approved in its present form, will have a significant impact on employers and most organizations in Ontario. BRIEF OVERVIEW OF THE AODA…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
As we enter 2009, many Social Services organizations are looking ahead to upcoming negotiations with unions for the renewal of their collective agreements. Some of our clients have already reported an increasing trend among unions to initiate broad disclosure requests well in advance of actual bargaining. However, employers in Ontario are not necessarily obliged to…
Human Rights Tribunal Upholds Mandatory Retirement at Age 60 for Firefighters
In an important decision issued December 18, 2008, the Human Rights Tribunal of Ontario has upheld a provision in a Collective Agreement which requires mandatory retirement at age 60 for firefighters. In the City of London decision, Adjudicator David A. Wright found that while the provision was prima facie discriminatory, it could be reasonably justified…
Ontario Government Announces Pension Funding Relief
Spurred on by the current economic unrest, the Ontario Government announced yesterday that it will introduce legislation in early 2009 to provide pension plans with solvency funding relief. Following on the heels of the release of the Report of the Expert Commission on Pensions, the proposed temporary solvency relief is intended to better ensure the…
Newsflash: Ontario Government to Amend the Employment Standards Act, 2000
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…