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Employer Must Pay New Ontario Health Premium, Arbitrator Rules

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October 1, 2004

A number of cases have advanced to arbitration on the issue of whether employers should be responsible for payment of the new Ontario Health Premium ("OHP") introduced by the McGuinty government in its 2004 budget. In many cases, unions are relying on language originally drafted to deal with the premium system that existed before the introduction of the Employer Health Tax ("EHT"). Employers have assumed that in light of Ministerial assurances and since there are significant differences between the OHP, which is essentially an individual tax, and the old Ontario Health Insurance Plan ("OHIP") premiums, such language could not be interpreted as including the OHP. However, in the first decision released on this issue so far, Lapointe Fisher Nursing Home v. UFCW, Local 175/633, Arbitrator Anne Barrett has decided otherwise.

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