Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…

Executive Compensation for Ontario BPS Organizations – A Summary of Recent Changes

On June 8 and 9, 2017, the Ontario government made a series of significant changes to the BPSECA Executive Compensation Framework. The changes include amendments to the content required of compensation programs, the timing of the development of those programs, and the process organizations must follow to implement their compensation programs…

Ontario Moves Forward with BPS Executive Compensation Restraint

On September 6, 2016, the Ontario government published Ontario Regulation 304/16 “Executive Compensation Framework” (Regulation) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA), which provides the compensation framework in accordance with which compensation programs for “designated executives” under the BPSECA must be developed, including a detailed process and specific one-year timeline for their development…

Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract

In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…

Perquisites Directive Issued by Ontario Government Now in Effect

INTRODUCTION Management Board of Cabinet (“MBC”) has issued a “Perquisites Directive” effective June 1, 2011 (“OPS Directive”) establishing rules regarding the provision of perquisites and an accountability framework for decision-makers. The OPS Directive will apply to certain public service employees and appointees of, for example, all ministries of the Ontario Government. It will not apply…

Ontario Budget 2011 – Highlights for Employers

INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…