Algoma District Services Administration Board

CAO Report – Applicable Legislation

October 2003

 

Legislation:  The purpose of this report is to summarize the various legislative controls and constraints which impact on the Board’s activities and which govern the actions of staff.  All of the following pieces of legislation impact either directly and specifically on the Board’s five major programs or generally on all Board activities.  The pieces of legislation are grouped by Program or under General Program Support if the impact is across all programs.

 

These pieces of legislation are often supplemented by specific program directives, provincial program policies and Local Services Realignment (LSR) program transfer orders. These directives, provincial program policies and LSR program transfer orders go well beyond the legal requirements of the legislation.  The impact of these will be the subject of another separate report.

 

There are also numerous external review processes and appeal mechanisms which control and constrain Board actions and these will also be dealt with in another separate report. 

 

All provincial legislation is now very conveniently online at http://www.e-laws.gov.on.ca/.  and federal legislation at http://laws.justice.gc.ca/en/index.html    The titles in the following text which appear underlined are hot linked so that you can get directly to that piece of legislation.  To activate the link: put the cursor over the text, hit the control (Ctrl) button and the left side button of your mouse simultaneously.

 

Programs

 

The following legislation is applicable to Children's Services, North Intake Screening Unit, Ontario Works and Social Housing.

 

Canada Pension Plan -- R.S., 1985, c. C-8  (Federal) 

Allows for the provision of Canada Pension Plan benefits.  Applicants have an obligation to apply for any/all sources of income for which they may be eligible.  Awareness is necessary to appropriately advise applicants regarding potential eligibility for benefits and to assist them in the application process.

 

Canada Student Loans Act (see Student Loans Act, Canada) (Federal) 

Allows for loans for students in full time attendance at an approved educational institution.  Awareness of this act is necessary to appropriately assist and guide applicants applying for post secondary education.  Application of this Act varies according to Program.

  

Child and Family Services Act, R.S.O. 1990, c. C.11 

Provides for the protection of children through the services of Children’s Aid Societies.  Application of this Act varies according to Program.

 

Children's Law Reform Act, R.S.O. 1990, c. C.12 

Establishes the rules of parentage and provides for the application of a party in a civil proceeding of which the court is called upon to determine parentage.  The court may give the party leave to obtain blood tests to assist it the determination of parentage.

 

Divorce Act -- R.S., 1985, c. 3 (2nd Supp.)  (Federal)

Allows for a person to apply for divorce.  Applicants may have assets that would normally make them ineligible, however during divorce proceedings they are considered matrimonial assets that may or may not be accessible to them.  Application of this Act varies according to Program.

 

Employment Insurance Act -- 1996, c. 23  (Federal) 

Allows for the provision of benefits to individuals who have been laid off from their employment.  Applicants have an obligation to apply for any/all sources of income of which they may be eligible.  Awareness is necessary to appropriately advise applicants regarding potential eligibility for benefits and to assist them in the application process.

 

Family Law Act, R.S.O. 1990, c. F.3 

Provides for the definition of spouse and recognizes marriages as a partnership.  Establishes law for an orderly and equitable settlement of the affairs of the spouses upon breakdown of the marriage.  Awareness of the definition of spouse under the Family Law Act is necessary in determining eligibility.  Application of this Act varies according to Program.

 

Family Responsibility and Support Arrears Enforcement Act,  

Allows for the enforcement of support orders.  Awareness of this act is necessary to appropriately advise clients\applicants of their ability to have support orders enforced.  As well, we would advise applicants of the potential for the assignment of support through the Family Responsibility Office.

 

Freedom of Information and Protection of Privacy Act

Allows for the access and protection of information collected by institutions.  Awareness of this act is necessary to ensure the privacy of individuals is adhered to and to provide appropriate right of access to that information.

 

Labour Relations Act, 1995, S.O. 1995 c. 1, Sched. A & Occupational Health & Safety Act 

All issues not covered specifically by a collective agreement as well as standards relating to facilities for staff are found here.

 

Municipal Freedom of Information and Protection of Privacy Act,  

Allows for the access and protection of municipal information collected by institutions.  Awareness of this act is necessary to ensure the privacy of individuals is adhered to and to provide appropriate right of access to that information.

 

Children’s Services

 

Note: All of the income support legislation listed under North Intake Screening Unit  / Ontario Works sections applies to the Child Care Fee Subsidy calculation process.

  

Canada Health Care, Early Childhood Development and Other Social Services Funding Act -- 2000, c. 35  (Federal)

This Act provides for the provision of increased funding for early childhood development and amends the Federal-Provincial Fiscal Arrangement Act.  The federal government has increased funding to the provinces and the territories for the purposes of early childhood development.

 

Charitable Institutions Act, R.S.O. 1990, c. C.9

This act provides the opportunity for some of our Service Providers to apply and receive approval where the Minister is satisfied that their corporation has met the criteria and the affairs are carried on under competent management in good faith for charitable purposes. One of the benefits of this designation is that the Service Provider is than able to provide official charitable receipts for income tax purposes.

 

Co-operative Corporations Act, R.S.O. 1990, c. C.35

This Board purchases services on behalf of eligible clients from non-profit and for profit corporations.  These corporations are required under the purchase of service agreements to meet the requirements of this Act.

 

Corporations Act, R.S.O. 1990, c. C.38 

This Board purchases services on behalf of eligible clients from non-profit and for profit corporations.  Those corporations are required under our purchase of service agreements to meet the requirements of this Act.

 

Day Nurseries Act, R.S.O. 1990, c. D.2

This Act provides authority for the Ministry to designate district social services administration boards as child care delivery agents respecting the provision of prescribed child care services including licensed programs, resource centres and special needs resources.

 

This Act also provides the Ministry with authority to issue licences to operators of day nurseries and private-home day care agencies.

 

Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20

Describes the powers and duties of the Minister of Community and Social Services.  The Day Nurseries Act falls under the power of the Minister of Community, Family and Children’s Services.

 

Occupational Health and Safety Act, R.S.O. 1990, c. O.1

This Act requires employers to have both a health and safety policy and program.  This law establishes the rights of workers and duties of employers and others who have a degree of control over the workplace with respect health and safety issues.  The Service Providers are required under our purchase of service agreements to meet the requirements of this act.  On an annual basis, if financial resources are available under the fee subsidy funding envelope, the Service Providers are encouraged to apply for dollars to assist them with meeting their requirements under this Act.

 

Pay Equity Act, R.S.O. 1990, c. P.7

This Act requires that action be taken to redress gender discrimination in the compensation of employees employed in female job classes in Ontario.  This Act applies to the Service Providers and as a result of this they are obligated to meet the requirements of this Act.  As the delivery Agent we provide some funds to assist them with meeting their obligations.

 

Note:  In addition to the above specific listed Acts and Program Acts, there are other legislative Acts that impact on Children's Services through the administration of service agreements with providers.  These include Employment Standards, French Language Services and Municipal Conflict of Interest.

 

Emergency Medical Services

 

Ambulance Act, R.S.O. 1990, c. A.19 

This is the main regulatory Act that dictates how the Ambulance service shall be operated and who can operate a service.

 

Ambulance Services Collective Bargaining Act, 2001, S.O. 2001,  

Provides for the establishment of an “Essential Services Agreement” to ensure minimum ambulance service is provided in case of a labour dispute which includes a withdrawal of normal services by Paramedics.

 

Coroners Act, R.S.O. 1990, c. C.37 

Because Paramedics deal with so much unexpected death, there are sections of this Act that we have to deal with, such as notification and transport of a person’s remains and the preservation of evidence. Paramedics are called to give evidence in many Coroner’s Inquests.

 

Highway Traffic Act, R.S.O. 1990, c. H.8 

Since Ambulances are a mode of conveyance and operate on the Highways, we must adhere to this Act.  Ambulances (Emergency Vehicles) have been given special privileges under this act.

 

Regulated Health Professions Act, 1991, S.O. 1991, c. 18 

This pertains to the Base Hospital Physician and his legislated ability to delegate medical acts such as symptom relief procedures to the Paramedics.

 

Labour Relations Act, 1995, S.O. 1995 c. 1, Sched. A & Occupational Health & Safety Act 

All issues not covered specifically by a collective agreement as well as standards relating to facilities for the Paramedics are found here.

 

Child and Family Services Act, R.S.O. 1990, c. C.11 

The duty to report perceived child/family abuse situations is mandatory for Paramedics under this legislation.

 

Mental Health Act, 

Provides for patient rights and outlines steps necessary to transport patients in crisis.

  

North Intake Screening Unit

  

Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20 

Describes the powers and duties of the Minister of Community and Social Services.  The Ontario Works Act falls under the power of the Minister of Community, Family and Children’s Services.

 

Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, 

Allows for provision of benefits for people who are determined to be disabled.  Persons who consider themselves disabled may apply for ODSP which provides a higher rate of benefit.  Knowledge of the application process and eligibility criteria is essential in making appropriate referrals to ODSP.

 

Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A 

Provides the legislative direction in administering and delivering the first step of the two step application process for the Ontario Works program.

  

Ontario Works

 

Bankruptcy Act   (Federal) 

Allows for an individual to claim bankruptcy and debtors to make claims.  An existing or previous Ontario Works client who applies for bankruptcy and has an existing overpayment with our agency, upon discharge may have their overpayment written off. 

  

          Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24         

C       Allows for the provision of compensation to victims of crime.  Staff need to be aware of such provisions to appropriately advise clients should they be eligible.  Compensation received under the Victims of Crime Act is exempt as income for the purposes of Ontario Works.

  

Homemakers and Nurses Services Act, R.S.O. 1990, c. H.10 

Allows for the provision of homemakers services.

 

Indian Welfare Services Act, R.S.O. 1990, c. I.4 

Provides the right to first nations governments to deliver Ontario Works.  Under that authority, the Michipicoten First Nations currently contracts with ADSAB to deliver services on their behalf.

 

Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13  

Allows for a resident of Ontario to begin court proceedings for support against a spouse in a reciprocating jurisdiction and may result in a support order being made in the reciprocating jurisdiction.  Awareness of this act is necessary to appropriately advise Ontario Works clients regarding their pursuit of support.

 

Legal Aid Services Act, 1998, S.O. 1998, c. 26 

Allows for legal services representation for individuals in need.  Awareness of this act assists in providing direction to clients regarding potential eligibility for legal aid assistance and making appropriate referrals.

 

Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20

 Describes the powers and duties of the Minister of Community and Social Services.  The Ontario Works Act falls under the power of the Minister of Community, Family and Children’s Services.

  

Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25,  

Allows for provision of benefits for clients who are determined to be disabled.  Clients who consider themselves disabled may apply for ODSP which provides a higher rate of benefit.  Awareness of the application process and eligibility criteria is essential in making appropriate referrals to ODSP.

 

Ontario Drug Benefit Act, R.S.O. 1990, c. O.10 

Allows for the provision of drug benefits to Ontario Works and Ontario Disability Support Plan clients.

 

Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A 

Provides the legislative direction in administering and delivering the Ontario Works program.

 

Trustee Act, R.S.O. 1990, c. T.23 

Provides for the ability to act as a trustee on behalf of an individual.  Awareness of this is necessary as 16/17 year old applicants must have a trustee to act on their behalf when collecting Ontario Works benefits.  As well, those who may be determined unable to act on their own behalf may be required to have a trustee.  Ie. Addictions Initiative clients

 

          Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5  

Was replaced in 2002 in by the Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13, however individuals who began court proceedings prior to the introduction of the replacement act still fall under the Reciprocal Enforcement of Judgements Act.  Awareness necessary to appropriate assist and advise clients in their pursuit of support arrangements.

 

Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, 

Allows for the provision of financial benefits should an individual be injured on the job.  Awareness of this act is necessary to appropriately advise Ontario Works clients if they have been injured on the job.  As well, participants involved in Ontario Works placements can access benefits through WSIB should they be injured on a placement. 

               

Social Housing

 

Note: All of the income support legislation listed under North Intake Screening Unit / Ontario Works section applies to the Social Housing Rent Geared to Income calculation process.

 

Building Code Act, 1992, S.O. 1992, c. 23

This Act sets out the roles and responsibilities of Chief building officials, role of designers,  builders and manufacturers.  It empowers the inspection and enforcement authorities.  This law outlines the requirements for construction, demolition, and building permits.  It set the Conditions for Occupation, Property Standards as well as Standards for Maintenance and Occupancy. It defines Dispute Resolution, Reviews and Appeals. It also provides Authorizations and Rulings Building Materials Evaluation.

 

Business Corporations Act, R.S.O. 1990, c. B.16

This Act provides definitions and interpretation for the relationships among a corporation, its directors and officers.  The Non-Profit Housing Corporation are governed by this act.  Each Non-Profit corporation is incorporated under this Act with its powers restricted by its articles.  This act sets out the requirements of corporate finance and seal as well as directors and officers responsibilities and liabilities.  It also addresses corporate powers, and the duties of the corporation; the requirements of records, auditors and financial statement reporting.

 

Elderly Persons' Housing Aid Act, R.S.O. 1990, c. E.5

This Act allow the Minister to grant aid to any corporation whose objects are exclusively for charitable purposes or any limited-dividend housing corporation incorporated by or on behalf of a municipality or approved by a municipality that has had a loan made to it under the National Housing Act (Canada) to assist it in any project for the construction and equipment of low rental housing units for elderly persons.

 

Housing Development Act, R.S.O. 1990, c. H.18

Provides for the building development, repair, rehabilitation or improvement of housing accommodation with or without public buildings, recreational facilities, industrial and commercial buildings.  This act permits the Lieutenant Governor in Council to guarantee money loaned to persons to be used in the construction of a building development.  This act set out parameters for the Incorporation of non-profit housing corporation.  This act outlines  powers of municipalities under joint housing agreements as well as the acquisition of lands for housing projects.

 

Land Titles Act, R.S.O. 1990, c. L.5

The Land Titles Act set up the Land titles system registration.  It provides for the rules governing Easements and Mining Rights, also the Registration rights. It also is the governing act that allows the Transfer of land between owners.

 

Ontario Housing Corporation Act, R.S.O. 1990, c. O.21

This act is the governing body which permits this corporation to own and manage rent geared to income housing units.  Also, this Corporation, with the approval of the Lieutenant Governor, may make any loan, grant, guarantee or enter into agreements under section 2 of the Housing Development Act . This corporation has the power to acquire and dispose of property.

 

Social Housing Reform Act, 2000, S.O. 2000, c. 27

This is the main regulatory Act that dictates Social Housing.  The purpose of this Act is to provide for the efficient and effective administration of housing programs by service managers.  The ADSAB is a service manager as define under this act.  This act defines the powers and duties of services managers.  It establishes Service Level Standards the number of rent geared to income households we provide subsidy assistance to.  It provides for the establishment of the local housing corporation, as well as the governance activities and operations.  Most importantly this act sets out the requirements for Eligibility for Assistance, for Rent-geared-to-Income Assistance, for Special Needs Housing as well as the Occupancy Standards and Priority Rules.  This act also establishes the governing Operating Framework (duties)  of Non-Profit Housing Providers. This act also outlines the Operating Standards, the  targeting plans, the mandates as well as the Subsidy Payable to the Non-Profit Housing Providers.  It empowers the services manager as the Enforcement Agent of the Act.  The Act sets out the triggering events that require service manager action. It also provides for set Remedies such as the discontinuing or suspend the subsidy payments required to be made to the housing provider or the service manager ability to seek the appointment by the Superior Court of Justice of a receiver.  This Act provides the Distribution of Federal Funding and the established the SOCIAL HOUSING SERVICES CORPORATION.

 

Tenant Protection Act, 1997, S.O. 1997, c. 24

This act sets out the parameters for the landlord and tenant relationship. This act establishes the rights, duties and responsibilities of landlord and tenant.  It requires landlords to follow specific rules regarding Tenancy agreements, Entry into Rental Unit and the Landlord's responsibility to repair.  It also sets out Tenant requirements to pay the rent, keep the unit clean and free of damage.  It provides for Security of Tenure. This act outlines the Power of Tribunal. The requirements relating to tenancy terminated, Eviction Orders, arrears collection, amount of rent charged, and illegal rent charges. The Ontario Rental Housing Tribunal has the power of administration and Enforcement of rental offences.

 

Note:  In addition to the above specific listed Acts and Program Acts, there are other legislative Acts that impact on Social Housing through the administration of service agreements with providers.  These include Employment Standards and Municipal Conflict of Interest.

 

 

General Program Support

 

Administrative

 

Note:  Legislation listed under Administrative apply to Operations, Finance and Human Resources.

 

Copyright Act ( R.S. 1985, c. C-42 )

This Act sets copyright laws.  These laws are applicable to publications, music and software.

 

Corporations Act, R.S.O. 1990, c. C.38

 The DSSAB is a corporation and must conform to the Corporations Act.

 

District Social Services Administration Boards Act, R.S.O. 1990,  

This Act sets the boundaries, membership and mandate of each DSSAB.  It specifically sets out rules for the functioning of the Board and rules which directly impact on the Board members.  This act provides for levy powers and the method of determining cost apportionment.

 

Employment Insurance Act -- 1996, c. 23  (Canada)

The Act is intended to provide workers with “Redesigned Income Benefits and Active Re-employment Benefits” to help unemployed workers re-enter the workforce as quickly as possible.  Employers are required to deduct premiums from the remuneration of persons they employ in insurable employment, and to remit these premiums along with the employer’s premium to the Receiver General for Canada. This act also requires employers to provide oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits.

 

Freedom of Information and Protection of Privacy Act

Allows for the access and protection of information collected by institutions.  Awareness of this act is necessary to ensure the privacy of individuals is adhered to and to provide appropriate right of access to that information.

 

             French Language Services Act, R.S.O. 1990, c. F.32

          This Act specifically requires this DSSAB to provide services in French and English.

 

Land Titles Act, R.S.O. 1990, c. L.5

The Land Titles Act set up the Land titles system registration.  It provides for the rules governing Easements and Mining Rights, also the Registration rights. It also is the governing act that allows the Transfer of land between owners.

 

Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20 

This Act provides the Minister with powers which can directly impact on the programs, mandate and powers of the Board.

 

Municipal Act, 2001, S.O. 2001, c. 25 

This Board is not a local board under the Municipal Act. However, the Act specifically requires the DSSABs to develop purchasing and hiring policies by specific dates.

 

Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 

This Act does considers the DSSABs as local boards.  It sets out specific requirements to ensure there is no conflict of interest.

 

Municipal Freedon of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56

Allows for the access and protection of municipal information collected by institutions.  Awareness of this act is necessary to ensure the privacy of individuals is adhered to and to provide appropriate right of access to that information.

 

Occupational Health and Safety Act, R.S.O. 1990, c. O.1

This Act establishes an internal responsibility system involving all workplace parties.  It requires employers to have both a health and safety policy and program, and sets out the basic rules of operation for Joint Health and Safety Committees and Health and Safety Representatives.  This law establishes the rights of workers and the duties of employers and others who have a degree of control over the workplace with respect to health and safety issues.  This law also gives the Ministry of Labour the power of enforcement.

 

Ontario Municipal Employees Retirement System Act, R.S.O.

This Act establishes the Ontario Municipal Employees Retirement Board, which is responsible for the governance of Ontario Municipal Employees Retirement System (OMERS) pensions.  This Act sets out the pension contributions for both employers and employees and the pension entitlements.

 

Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32 

This Act sets out the rights of disabled persons to barrier free access to services.

 

Personal Information Protection and Electronic Documents Act (PIPEDA), 2000, c. 5 (Canada)

This Act was created to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances and to provide for the use of electronic means to communicate or record information or transactions.  This law requires employers to take significant measures to protect and manage personal information in their possession.  This applies to all organizations in Canada effective 01 January 2004, unless the province of jurisdiction enacts equal or greater legislation.  As of September 2003, Ontario has not enacted such legislation, and the impact on ADSAB and other like employers has yet to be determined.

 

Safe Drinking Water Act, 2002

This Act sets the standard for public drinking water and specific requirements with regard to testing, treating, notification of adverse water quality and penalties for non-compliance for designated facilities.

 

Smoking in the Workplace Act, R.S.O. 1990, c. S.13 

This Act governs smoking in the workplace and impacts on all Board properties and vehicles.

 

Territorial Division Act, 2002, S.O. 2002, c. 17, Sched. E

This Act sets the physical boundaries of the territorial districts.  These boundaries impact on the area of jurisdiction set out in the DSSAB act.

 

        Trespass to Property Act, R.S.O. 1990, c. T.21 

        This Act provides the Board with the power to exclude persons from it’s property.

 

Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16,

This Act establishes the Workplace Safety and Insurance Board, which administers no-fault workplace insurance for employers and their employees and is committed to the prevention of workplace injuries and illnesses.  The Act defines participating employers and states their obligations for providing information and submitting premiums.

 

        Financial

 

Assessment Act, R.S.O. 1990, c. A.31

This Act establishes the rules used to determine assessment for municipalities including property classes, exemptions, current value and the appeal process.  Assessment is used to calculate the apportionment to member municipalities.

 

Canada Pension Plan ( R.S. 1985, c. C-8 )

The Canada Pension Plan sets the legal requirement for employers to collect payroll deductions, make contributions, hold contributions in trust until due, maintain accurate records, and remit pension funds to the Canada Customs and Revenue Agency.

 

Generally Accepted Accounting Principles

Although not a legislated Act, District Social Services Administration Boards are required to follow accounting principles generally accepted in Canada for government organizations as recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.

 

Excise Tax Act

This Act requires the Board to be registered for GST.  Specific guidelines with regard to collection and reporting related to the Board can be found at Canada Customs and Revenue Agency.

 

Income Tax Act, R.S.C. 1985, Chapter 1 (5th Supp.) (Federal)

This Act requires employers to withhold or deduct from the payment of salary or other taxable benefit, the prescribed amount of tax and to remit this amount to the Receiver General for Canada on the taxpayer’s behalf.  It also requires corporations to file various returns relating to operating activity.

 

Income Tax Act, R.S.O. 1990, Chapter I.2

Permits the Government of Ontario to enter an agreement with the Government of Canada, under which applicable taxes are deducted at source and remitted to the Receiver General for Canada, to be forwarded to the Province of Ontario.

 

Municipal Property Assessment Corporation Act, 1997, S.O.

This Act establishes the Municipal Property Assessment Corporation and its administrative powers.  This corporation determines current value assessment used in the apportionment formula.

 

Provincial Land Tax Act, R.S.O. 1990, c. P.32 

This Act provides for tax collection in the unincorporated townships.  The assessment information used for PLT impacts on the share of costs allocated to the various Ministries to pay their portion of the costs.

 

Public Sector Salary Disclosure Act, 1996, S.O. 1996, C. 1

This law requires public sector employers in Ontario to report the salaries of employees who were paid a salary of $100,000.00 or more.  The purpose of this law is to provide a more open and accountable system of government and to provide taxpayers with more details on how their tax dollars are spent.

 

Note:  In addition to the above specific listed Acts and Administrative Acts, there are Program related Acts that impact on Finance as they determine funding, eligible expenditure and required reporting.  These include the Ministry of Community and Social Services Act, Day Nurseries Act, Ambulance Act, Ontario Works Act and the Social Housing Reform Act.

 

Human Resources  

 

Ambulance Act, R.S.O. 1990, Chapter A 19

This Act establishes the responsibilities for provision of ambulance services throughout Ontario.  This law also requires operators to be certified, and allows inspectors and investigators to enter premises to conduct their work.  As well, the qualifications of EMA’s and Paramedics, and patient care and transportation are defined.

 

Ambulance Services Collective Bargaining Act, 2001 S.O. 2001 c.10

This Act applies to ADSAB and all EMS employees.  This Act sets special conditions for collective bargaining which supercede any conflicting conditions set out in the Labour Relations Act.  This Act requires ADSAB and CUPE Local 3631 to negotiate an Essential Ambulance Service Agreement (Schedule “B” of the current collective agreement.)

 

Arbitration Act, 1991, S.O. 1991, c. 17

The Arbitration Act sets the rules by which an employer and an employee bargaining unit may enter into an arbitration agreement.  Under such agreement, both parties consent to submit to arbitration to resolve a dispute that has arisen or may arise between them.  The Arbitration Act also sets the conditions for court intervention.

  

        Employment Standards Act, 2000, S.O. 2000, c. 41

The Employment Standards Act provides the minimum standards for working in this province and sets out the rights and responsibilities of employees and employers in Ontario workplaces.  The wide range of subjects covered under the ESA includes: hours of work, eating/rest periods, wages and overtime, maternity/parental leave, termination and severance, public holidays, vacation entitlements, etc.

 

Human Rights Code, R.S.O. 1990, c. H.19

The Ontario Human Rights Code gives everybody equal rights and opportunities without discrimination in specific areas such as jobs, housing and services.   With respect to Human Resources management, this law requires that employees or potential employees be treated equally and be protected from workplace harassment, with respect to the sixteen protected grounds of the Code.

 

Income Tax Act, R.S.C. 1985, Chapter 1 (5th Supp.) (Federal)

This Act determines taxable benefits and other deductions that impact employees that can be key in determining content and operation of the Collective Agreement.

 

Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A

The Labour Relations Act is intended to facilitate positive relations between employers and trade unions.  It guarantees freedom of membership in both trade unions and employer organizations, and establishes the bargaining rights of trade unions.  It sets out the requirements for negotiation, content and operation of Collective Agreements.  This law also sets requirements for termination of bargaining rights, including decertification. 

   

Pay Equity Act, R.S.O. 1990, c. P.7

The Pay Equity Act requires that affirmative action be taken to redress gender discrimination in the compensation of employees employed in female job classes in Ontario.  This Act applies to ADSAB, as a public sector employer.  This Act establishes the Pay Equity Commission, consisting of the Pay Equity Office, which is responsible for administration and enforcement of the Act, and the Pay Equity Hearings Tribunal, which is responsible for adjudicating disputes arising from the Act.

 

Pension Benefits Act, R.S.O. 1990, c. P.8

This Act sets the standards for registration and administration of pension plans in the province of Ontario.  It also prohibits the administration of an unregistered pension plan and defines the eligibility of pension administrators.  This Act sets the rules by which pension systems like OMERS must operate.

 

Social Work and Social Service Work Act, 1998, S.O. 1998, c. 31

This Act establishes the Ontario College of Social Workers and Social Service Workers, with the objectives of regulating these practices, establishing and enforcing professional and ethical standards, and providing quality assurance.  Employers benefit from an additional level of employee accountability when hiring registered workers.  Employers who have registered members on staff are also obligated to report wrongdoing or violation of professional standards to the college.

 

Note:  In addition to the above specific listed Acts and Administrative Acts, there are Program related Acts that impact on Human Resources as they determine resources required and educational requirements.  These include the Ministry of Community and Social Services Act, Day Nurseries Act,  Ontario Works Act and the Social Housing Reform Act.

 

In addition, various Finance specific acts can impact Human Resources related to negotiation, content and operation of the Collective Agreement and Management compensation.