Articles 2020

Several consortia and school boards across the province denied freedom of information requests pursuant to the Municipal Freedom of Information and Protection of Privacy Act requesting access to a variety of records related to the procurement of student transportation services. Here is a summary of the IPC's recent decisions following appeal.

In 2014, the Ontario Employment Standards Act, 2000, S.O. 2000 C. 41, which applies to most employees of all provincially-regulated employers in the province, including Ontario school boards, received some significant amendments. The most notable changes came in the form of three new leaves of absence, for which employees with specified length of service are eligible.

On July 29, 2014, the Ontario arbitration decision of Greater Essex County District School Board and CUPE, Local 27 (Retiree Benefits), Re, held that a collective agreement which mandated the school board to provide benefits to retired employees over the age of 65 was permissible under sections 177(3) and (4) of the Education Act.

In Rudkins v. Durham Catholic District School Board, 2014, the Human Rights Tribunal of Ontario was provided with the opportunity to reiterate and clarify the appropriate test for discrimination.

Teacher expression, such as posting on social media websites or discussing politics and public policy in the workplace, can have a profound effect on the employment relationship and the workplace, including a school board’s ability to maintain a good reputation in the community and deliver education to its students.

There is a lot of discussion around the use and distribution of medical marijuana. This is an issue that will increasingly affect both employers and service providers.

On December 9, 2014 the Ontario legislature passed Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014. Bill 8 gives the government the authority to establish new “compensation frameworks” for certain senior public sector executives and implement new accountability and transparency measures for the broader public sector.

The holiday season is around the corner – and with it comes festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority for employers. Below, we provide employers with a checklist of measures to consider implementing in planning for a safe holiday celebration.

In April, 2014, the Ontario Human Rights Commission released its Policy on preventing discrimination because of gender identity and gender expression, providing guidance with respect to recent amendments to the Human Rights Code. In this article, the authors provide an outline of the Policy, particularly with respect to the legal responsibilities owed by organizations to prevent, identify and address discrimination based on gender identity and expression.

The interpretation and application of the confidentiality provisions regarding the Ontario Student Record in the Education Act continue to arise in various proceedings and forums, as these two cases demonstrate.