Ontario school boards should note that Bill 8 and Bill 10 became
law on December 4, 2014, with important ramifications for the
Bill 10: The Child Care Modernization Act, 2014
The Child Care Modernization Act, 2014 repeals the
Day Nurseries Act and replaces it with the Child Care
and Early Years Act, 2014. School boards are exempt from
almost all provisions of this Act, unless they operate and
maintain child care centres within the meaning of the
More significantly for school boards, the new legislation
includes amendments to the Education Act requiring school
boards to provide before and after school programs for students in
grades 1 to 6, in addition to the programs already in place for
Junior and Senior Kindergarten students. The Minister may regulate
the amount that school boards charge operators of third party
programs and/or child care and early years programs for the use of
Bill 8: The Public Sector and MPP Accountability and
Transparency Act, 2014
We discussed Bill 8 in our
December, 2014 Newsletters and drew particular attention to its
amendments to the Ombudsman Act. With the passage of Bill
8, the reach of the Ontario Ombudsman has expanded to include the
authority to investigate any decision or recommendation made, act
done, or act omitted to be done, in the course of the
administration of a school board. Investigations may be initiated
on the basis of a complaint from a member of the public, or by the
Ombudsman. The Ombudsman's authority includes the power to
summon an individual to give evidence under oath, and to require
the production of documentary evidence.
We also noted the Bill 8 wage restraint measures applicable to
"Designated Executives" entitled to receive more than
$100,000.00 in compensation per calendar year. These measures are
now in effect and prevail over any previous compensation plan.
Under the Broader Public Sector Executive Compensation Act,
2014, the government may establish "compensation
frameworks" which may include "hard caps" on salary,
benefits, perquisites, bonuses and severance payments.
We will be discussing the potential impact of the Ombudsman on
boards and, in particular, what it may mean for Trustees in our
January 22, 2015Morning
Recess webinar on "The Role of
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guide to the subject matter. Specialist advice should be sought
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The recent decision of the Ontario Court of Appeal in BMW Financial Services Canada, a Division of BMW Canada Inc. v. McLean provides some useful insight into the relationship between automobile dealers and the financing arms of the manufacturers for whom those dealers are franchisees.
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