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Published on: 21 Mar 2012 By (Dianne Saxe)

Is public consultation a political activity forbidden to charities?

With the launch of Conservative Senator Nicole Eatonโ€™s inquiry into the โ€œInvolvement of Foreign Foundations in Canadaโ€™s Domestic Affairsโ€, increased scrutiny is being focused on the activities of Canadaโ€™s charitable environmental groups. In particular, is participating in public consultations, or encouraging others to do so, a political activity forbidden to charities?

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Published on: 21 Mar 2014 By

Confidentiality Provisions – What are they good for?

In resolutions of disputes between both unionized and non-union employees, confidentiality provisions are often employed and, depending on the circumstances, they may be viewed as a critical component of any settlement.ย  I have written previously about the enforcement of confidentiality provisions (see Silence is Golden – what happens when confidentiality provisions are breached?).ย The case which...

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Published on: 24 Sep 2015 By

Ontario Labour Relations Board (โ€œOLRBโ€) increases demands on employers in construction sector Certification Applications

From the โ€œare you kidding me??โ€ file โ€ฆ When employers in the construction sector receive an Application for Certification by a Union, they have two business days to file a Response. You can imagine the whirlwind of activity this creates even if the Application comes to the attention of the right person at the company...

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Published on: 4 Jul 2013 By

When Is a Layoff Not a Layoff?

Q.ย  When Is a Layoff Not a Layoff? A.ย  When itโ€™s a termination. A recent decision of the Ontario Superior Court has given some employers confidence that they will always be allowed to lay off employees provided they follow the requirements of the Employment Standards Act, 2000 (โ€œthe ESAโ€).ย Unfortunately, we think that confidence may well...

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Published on: 6 Jan 2012 By

2012 begins with much-needed clarity from the Ontario Human Rights Tribunal

Itโ€™s a Happy New Year indeed for labour/employment lawyers and their clients, who now have clear direction from the Ontario Human Rights Tribunal on the thorny issue of when duplicative litigation will be permitted (or not!) before the Tribunal. Previously, the Tribunal had issued conflicting case law interpreting s. 45.1 of the Code, which provides...

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Published on: 16 May 2011 By (Dianne Saxe)

Was I right about air?

Was I right about air regulation 419/05? Ten years ago, the Ministry of the Environment asked for my opinion on the regulatory reform initiative that culminated in the new air regulation, O.Reg. 419/05. I wrote a column about it in the August/September 2001 issue of Hazardous Materials Management. (reproduced below). It is reassuring, in a...

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Published on: 31 May 2011 By (Dianne Saxe)

How reliable are odour units?

345 Given that there are many steps in the process of attempting to calculate odour units which are problematic, and which contain so many points of bias and subjectivity, the Panel finds that the ultimate number or value coming out of an odour unit measurement cannot be relied upon as meaningful, particularly for the purposes of evaluating compliance with a mandatory term of a permit.

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Published on: 17 Jun 2011 By (Dianne Saxe)

New brownfield cleanup standards- what dates?

Under regulation 153/04, the benchmark for contaminated site cleanups in Ontario has, since ย October 1, 2004, been the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act, ย March 9, 2004. This standardย becomes obsolete July 1, 2011, when substantial amendments to the contaminated sites rules come into effect. Since...

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Published on: 11 Jan 2012 By (Dianne Saxe)

Ponoka fined $70,000 for sewage discharge permitted by province

While federal environmental enforcement is less frequent these days, the fines imposed are getting larger. The small town of Ponoka, Alberta (population about 7000) was fined $70,000 after pleading guilty to one count under the Fisheries Act. The Town was releasing effluent from their wastewater lagoon in the Battle River, as permitted by the Province,...

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