“Non-Construction” Employer Deeming Provision under LRA Now in Force

On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…

The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos

An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…

Non-Construction Employer Declaration Provision in LRA Constitutional

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…