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Employer Alert: Ontario Government Moving Quickly to Introduce Employee Friendly Changes to the Employment Standards Act

By , June 26, 2017 10:02 am

The Ontario government is quickly moving Bill 148 through the provincial legislature.

Some Proposes Changes to the ESA

As discussed in a previous blog, Bill 148 proposes changes to the Employment Standards Act (the “ESA”) including a $ 15 minimum wage by January 1, 2019, an additional week vacation after 5 years service, and two paid personal emergency leave days for absences caused by, among other things, illness and bereavement leave. In addition, if Bill 148 becomes law an employer would no longer have the right to ask an employee to provide a medical note to verify an illness.

Public Hearings to Consider Proposed Changes

On June 1, 2017 Bill 148 was ordered Second Reading and referred to the Standing Committee on Finance and Economic Affairs (the “Committee”).

Public hearings on Bill 148 are scheduled for June and July.

There are a number of ways you can provide the government with feedback on Bill 148’s impact on the Ontario labour market:

  • Attend one of the public hearings being held in Thunder Bay, North Bay, Ottawa, Kingston and Windsor-Essex during the week of July 10, 2017. A contact name, mailing address, phone number and email address must be provided to the Clerk of the Committee by July 4, 2017 for anyone wishing to attend the hearings during the week of July 10, 2017. The Committee’s Clerk, Eric Rennie, at 416.325.3506 or by e-mail at ERennie@ola.org.
  • Additional public hearings will occur during the week of July 17, 2017 in London, Kitchener-Waterloo, Niagara, Hamilton and Toronto. A contact name, mailing address, phone number and email address must be provided to the Clerk by July 4, 2017 for anyone wishing to attend the hearings during the week of July 17, 2017.
  • Provide written submissions to the Committee no later than July 21, 2017 at 5:30 pm.

When Proposed Changes Expected to Take Effect

I expect these public consultations will be completed by September 11, 2017 when the legislature resumes. Bill 148 could be passed shortly thereafter and if so I expect many of the changes to the ESA will take effect on January 1, 2018.

Bill 148 is Just One of many Changes to Ontario’s Employment Laws

Ontario’s employment laws are constantly changing and Bill 148 is just one example. In recent years, the government has also introduced mandatory employee training, mandatory written policies, mandatory postings, and mandatory workplace harassment investigations.

Compliance rates are low for these new laws and the Ontario government recently announced it intends to hire 175 additional workplace inspectors and the Ministry of Labour intends to inspect 10% of Ontario workplaces each year. Bill 148 proposes increased fines for non-compliance with the ESA.

Feeling Overwhelmed?

Many small and medium size employers have a hard time keeping up with these new employment laws.

In October 2017, the MacLeod Law Firm is holding seminars in Toronto & Barrie which will discuss three important developments in Ontario’s employment laws. One of the topics we will address are the new obligations imposed on employers under Ontario’s employment laws including the likely changes to the ESA as a result of Bill 148 and what to do when a Ministry of Labour inspector comes calling.

For more information on these seminars click here.


 

For over 25 years, Doug MacLeod of the MacLeod Law Firm has been advising employers on all aspects of the employment relationship. If you have any questions, you can contact him directly at 416 317-9894 or at doug@macleodlawfirm.ca

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.

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