Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed

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…

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…

Court Finds Bill 124 to Be Unconstitutional

On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…

Temporary Pandemic Pay – Update on Recent Developments

There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.

Update on Ontario Government Wage Restraint Initiatives

In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).

Proposed Public Sector Wage Restraint Legislation Referred to Committee

On October 31, 2019, Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, passed Second Reading and was referred to the Standing Committee on General Government. The Committee will meet on Monday, November 4, 2019 from 9:00 a.m. to 10:00 a.m. and from 2:00 p.m. to 6:00 p.m. for public hearings on…

Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Public Sector

Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.