On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
Publication Type: Article
Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…
Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
IPC Power to Determine Administrative Monetary Penalties Takes Effect
On January 1, 2024, changes to the General Regulation made under the Personal Health Information Protection Act (PHIPA) took effect (see O. Reg. 343/23). The changes stipulate how the Information and Privacy Commissioner of Ontario (IPC) determines the amount of administrative monetary penalties (AMPs) issued as part of its enforcement powers for violations of PHIPA….
Looking Ahead to 2024: A Newsletter for Social Services Employers
Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Significant Changes to Ontario Policing Legislation Coming Into Force April 1, 2024
The Ontario government has proclaimed into force key provisions of Bill 68, Comprehensive Ontario Police Services Act, 2019 which enacts the Community Safety and Policing Act, 2019 (Act). Effective April 1, 2024, the Ontario Police Services Act, 1990 will be repealed and replaced with the Act. For further information about these changes, see our FTR…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
Final Phase of 2016 CPP Enhancements Takes Effect January 1, 2024
Starting in 2024, mandatory contributions to the Canada Pension Plan (CPP) will increase with the introduction of additional CPP contributions up to a second earnings ceiling. The increase comes as part of the final phase of enhancements to the CPP that was introduced in 2016 through the federal Bill C-26, An Act to amend the…
Employment Equity Act Task Force Releases Final Report
On December 11, 2023, the federal Employment Equity Act Review Task Force (Task Force) released its final report titled A Transformative Framework to Achieve and Sustain Employment Equity (Final Report). The Final Report included 187 recommendations on improving the federal Employment Equity Act (Act) and its framework. The Process The Act came into force in…