GSB# 2024-02268

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Association)

Association

-and-

The Crown in Right of Ontario (Treasury Board Secretariat)

-and-

Canada Life

Employer Intervenor

BEFORE

Marilyn A. Nairn

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock and Daniel Sheppard Goldblatt Partners LLP Co-Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

FOR THE INTERVENOR

Iris Fischer and Holly Reid Blake, Cassels & Graydon LLP Co-Counsel

HEARING

February 5, 2026

Decision

1This hearing convened and the Employer raised a preliminary objection to the Board’s jurisdiction to hear the claim. Canada Life attended the hearing, and the parties are agreed that Canada Life is to be treated as a party to these proceedings for purposes of the preliminary issue.

2AMAPCEO’s claim is that the Employer, in violation of the collective agreement and the Charter of Rights and Freedoms, is imposing an unreasonable precondition on AMAPCEO members’ ability to receive the negotiated health and welfare benefits under the collective agreement, such that members must provide a ‘blanket’ consent in advance to Canada Life, allowing it to obtain personal health care and other information from the members’ benefit providers in order to receive benefits. Included is the allegation that service providers are being coerced to cooperate with Canada Life’s requests for medical and personal information or face being de-listed. AMAPCEO also alleges that this requirement constitutes an impermissible, unilateral change to the benefits negotiated under the collective agreement.

3The Employer, supported by Canada Life, asserts as a preliminary issue that the Board has no jurisdiction over the manner in which Canada Life administers this provision.

4The hearing is scheduled to continue on March 27, 2026. The parties have agreed to provide will-say statements for purposes of providing evidence in chief, which may be subject to cross-examination. The Employer and Canada Life are to provide to AMAPCEO and to each other, by no later than March 13, 2026, will-say statements for those witnesses they intend to call. Any arguably relevant documentary material is also to be produced by both the Employer and Canada Life to AMAPCEO by no later than March 13, 2026.

5It is expected that an additional four hearing days will be required, and the Board will contact the parties (including Canada Life) for that purpose. It is further expected that the evidence relevant to the preliminary issue will commence on March 27, 2026. Having received the will-say statements, AMAPCEO is to advise the Employer and Canada Life whether it wishes to cross-examine the witness and counsel are to confer such that arrangements are to be made to have the witness(es) available for March 27, 2026.

6Should any procedural issues arise that require attention prior to March 27, 2026, the Board is to be advised, and a case conference will be scheduled.