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.