On November 22, 2012, the Ontario government (Ministry of Education) issued a regulatory proposal regarding the requirement that school bus drivers have a clear criminal record check report in order to qualify for and hold the requisite driver’s licence. That requirement is currently found in a regulation under the Highway Traffic Act. Under this proposal,…
Publication Type: Blog Post
Regulation Filed under Public Sector Salary Disclosure Act
On November 22, 2012, the Ontario government filed O. Reg. 385/12 made under the Public Sector Salary Disclosure Act, 1996. It provides that the following amounts are to be considered “salary” for the purposes of the Act for each year, commencing in 2012: 1. An amount received by an employee as remuneration on a per…
Helping Families in Need Act Passes Third Reading
On November 20, 2012, Bill C-44, Helping Families in Need Act, was passed at Third Reading in the House of Commons and was referred to the Senate. As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his…
Proposed Amendments to CIRB Regulation Published for Comment
On November 17, 2012, the federal government published proposed Regulations Amending the Canada Industrial Relations Board Regulations, 2001, inviting interested parties to comment on the proposed regulatory text within two weeks of the date of publication. The proposed Regulations follow consultations conducted by the Canada Industrial Relations Board (“CIRB”) throughout 2011 with labour and management…
Letters of Credit Amendment to PBA Proclaimed into Force
Section 18 of the Securing Pension Benefits Now and for the Future Act, 2010 has been proclaimed into force effective January 1, 2013. This section amends the Pension Benefits Act (“PBA”) to add section 55.2, Letters of Credit. As previously reported, the supporting regulation to section 55.2, O. Reg. 364/12, was filed on November 15,…
Improperly Sent Email Has Legal Consequences For Employer
In a fast-paced workplace, misdirected emails can easily happen and may occasionally result in an embarrassing disclosure of information to the wrong person. A recent decision of the Divisional Court confirms that the inadvertent email can also result in significant legal consequences for employers. In Fernandes v. Marketforce Communications, the employer forwarded the email of a…
Letters of Credit Pension Regulation Filed
On November 15, 2012, the Ontario government filed O. Reg. 364/12, which amends Regulation 909 made under the Pension Benefits Act (“PBA”) and implements the framework for letters of credit under the yet to be proclaimed section 55.2 of the PBA. Section 55.2 of the PBA will allow the use of letters of credit in…
Morneau Report on Pooling of Pension Fund Assets in BPS Released
On November 16, 2012, the Ontario government released “Facilitating Pooled Asset Management for Ontario’s Public-Sector Institutions,” a report from Pension Investment Advisor, William Morneau, to the Deputy Premier and Minister of Finance (“Morneau Report”). As previously reported, the Ontario government appointed Mr. Morneau further to its Budget 2012 initiatives, specifically to develop recommendations for the…
Federal Committee Considers Bill Requiring Disclosure of Information by Labour Organizations
On November 7, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) was considered before the House of Commons Standing Committee on Finance. Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file a public information return…
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…