Tag: Labour Relations Act

Ontario to Consult on Labour and Employment Reform

· 3 min read

On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…

Ontario to Launch Public Consultations on Labour and Employment Legislation

· 1 min read

On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…

Significant ESA, WSIA, OHSA, LRA Amendments Proposed (Bill 146, Stronger Workplaces for a Stronger Economy Act)

· 2 min read

On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…

John Field and Lauri Reesor Quoted in Canadian Labour Reporter

Hicks Morley’s John Field and Lauri Reesor were quoted in the May 27, 2013 edition of Canadian Labour Reporter in an article entitled, “Navistar workers lose bid for class-action lawsuit.” The article discusses the Ontario Superior Court’s recent dismissal of a proposed class action brought by unionized employees who alleged that they were constructively or…

The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights

· 14 min read

On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…

Non-Construction Employer Declaration Provision in LRA Constitutional

· 5 min read

On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…

Municipalities Exposed To Construction Collective Agreements

· 3 min read

In a recent decision, the Ontario Labour Relations Board (“OLRB”) held that key non-construction employer provisions of the Ontario Labour Relations Act, 1995 (the “Act”) were unconstitutional. In this FTR Now, we discuss how the decision could have an impact on the ability of municipalities to tender construction work. BACKGROUND The construction industry labour relations…

Supreme Court Extends Constitutional Protection to Collective Bargaining Process

· 19 min read

IN THIS ISSUE: Introduction The Factual Context: The Health and Social Services Delivery Improvement Act Collective Bargaining Protected by the Charter The Test for “Substantial Interference” The Majority’s Conclusions Justice Deschamps’ Partial Dissent Concluding Comments INTRODUCTION On June 8, 2007, the Supreme Court of Canada issued a ground-breaking decision in Health Services and Support –…