Human Resources Legislative Update - Legislative Developments in Human Resources Law

On April 8, 2013, O. Reg. 421/12 (General), as amended by O. Reg. 130/13, made under the Ontario College of Trades and Apprenticeship Act, 2009 (“OCTAA”) came into force. O. Reg. 421/12 establishes certain exemptions under OCTAA and contains transitional provisions regarding, for example, certificates of qualification and statements of membership issued under either the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998.

On April 5, 2013, O. Reg. 128/13, amending O. Reg. 175/11 (Prescribed Trades and Related Matters) made under OCTAA, came into force. O. Reg. 128/13 deletes “Cement Mason” from the prescribed trades, construction sector and makes certain other amendments.

As previously reported, parts of the OCTAA came into force on April 8, 2013. Among other matters, OCTAA creates the Ontario College of Trades (“College”). Effective April 8, 2013, OCTAA repealed the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act, thereby transferring most responsibility for skilled trades and certificates issued under those Acts from the Minister of Training, Colleges and Universities to the College.

On November 17, 2012, the federal government published proposed Regulations Amending the Canada Industrial Relations Board Regulations, 2001, inviting interested parties to comment on the proposed regulatory text within two weeks of the date of publication.

The proposed Regulations follow consultations conducted by the Canada Industrial Relations Board (“CIRB”) throughout 2011 with labour and management stakeholders in the federally regulated sector, and are made under authority of the Canada Labour Code (“Code”). If registered, they will amend the Canada Industrial Board Regulations, 2001. Among other matters, the amendments would include:

• A requirement that a party applying for intervenor status describe its interest in a matter before the CIRB, including an explanation of any prejudice it would suffer if the application were denied and how its interest is different from that of other parties.
• A requirement that the CIRB place a document on the public record where that document is relevant to the proceeding, except where it declares that document confidential. In declaring a document confidential, the CIRB may take into account specific direct harm to any party and whether that harm would outweigh the public interest in disclosure.
• Permitting the CIRB to make certain orders where a document is declared confidential, including an order that a portion of the document from which the confidential information has been removed be placed on the public record, that any portion of a hearing dealing with the confidential document be conducted in private, or that the document or any part of it be provided to the parties or only to their legal representatives.
• A new Part 5.1, “Maintenance of Activities.” This Part pertains to essential services applications made under section 87.4 of the Code by either a trade union or an employer where no agreement has been reached with respect to the ongoing maintenance of activities during a strike or lockout, required to the extent necessary to prevent an immediate and serious danger to the safety or health of the public. Part 5.1 stipulates the information to be included in these applications, such as a description of the services the applicant alleges are required and the immediate and serious risks to the public health or safety that the applicant alleges would occur if the CIRB does not allow the application.
• Numerous procedural changes to the conduct of proceedings before the CIRB, as well as a number of “housekeeping” type amendments.

Details on how to make submissions on the proposed regulatory text is found in the Canada Gazette of November 17, 2012.

On May 3, 2012, Bill 77, Labour Relations Amendment Act (Fairness for Employees), 2012, a Private Member’s Bill, passed at Second Reading and was referred to the Standing Committee on Finance and Economic Affairs; the Bill was considered on June 7, 2012.

Bill 77 proposes a number of amendments to the Labour Relations Act, 1995 (“Act”). These include:

• amendments permitting a trade union to ask the Ontario Labour Relations Board (“Board”) to direct an employer to provide the trade union with a list of employees in a bargaining unit that could be appropriate for collective bargaining. 
• Currently, the Act sets out procedures for representation votes when a trade union applies for certification as a bargaining agent. Proposed amendments would empower the Board to direct that representation votes be held at a neutral site, electronically, or by telephone.
• Currently, parties who are unable to enter into a first collective agreement may apply to the Board to direct the settlement of a first collective agreement by arbitration. Proposed amendments would provide that as an alternative, either party may request first agreement arbitration by contacting the Minister. The Minister would be required to refer the matter to a board of arbitration, if certain conditions are met.
• Currently, the Act includes provisions governing successor rights when a business is sold. Proposed amendments would extend the rules to the contract services sector.
• Section 98 of the Act currently allows the Board to make interim orders reinstating employees in certain circumstances when proceedings are pending. The Bill would amend the interim order provisions.

If passed, the Bill would come into force on Royal Assent.

While the provisions of Bill 77 are potentially far-reaching, it is important to recall that it is a Private Member’s Bill. Historically, very few Private Member’s Bills are passed by the Legislature into law. At this time, it remains to be seen to what extent Bill 77 will be amended at the Committee stage of the legislative process, prior to its reintroduction in the House. We will continue to monitor its status, and update you accordingly.

On April 14, 2011, the Ontario Ministry of Labour announced public consultations relating to the proposed amalgamation of 13 Childrens’ Aid Societies ("CASs”).

The initiative was proposed by the Commission to Promote Sustainable Child Welfare (the “Commission”), which the Ontario government established in 2009. In part, the Commission is tasked with supporting the financial sustainability and viability of CASs over the long-term through the exploration of measures that may streamline and enhance access.

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Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, proposed legislation announced yesterday by the Ontario government, has now been posted on the Legislative Assembly website.