Proposed Changes to Ontario’s Employment and Labour Laws

Government introduced Bill 148, the Fair Workplaces, Better Jobs Act  on June 1, 2017 with a goal to achieve better jobs and fairer workplaces for Ontarians and in response to the Changing Workplaces Review.

The Bill proposes the following major changes to the Employment Standards Act, 2000:

  • Section 23.1 (Determination of minimum wage) is amended to increase the minimum wage to $14 per hour on January 1, 2018, and then to $15 on January 1, 2019, followed by annual increases at the rate of inflation

  • Part XII (Equal Pay for Equal Work) is amended.  Mandate equal pay for part-time, temporary, casual and seasonal employees doing the same job as full-time employees; and equal pay for temporary help agency employees doing the same job as permanent employees at the agencies’ client companies

  • Part XIV (Leaves of Absence) has expanded personal emergency leave to include an across-the-board minimum of at least two paid days per year for all workers

  • Part XI (Vacation With Pay) is amended to provide a minimum of three weeks of vacation entitlement to employees whose period of employment is five years or more, beginning after the end of the employee’s vacation entitlement year.  

  • New Part VII.2 (Scheduling) sets out new scheduling provisions.  These include a minimum of three hours’ pay for shifts that are under three hours, minimum pay for being on call, a right to refuse requests of demands to work on a day that an employee is not scheduled to work with insufficient notice and entitlement to pay for three hours of work in the event of cancellation with insufficient notice.

  • New Part VII.1 (Requests for Changes to Schedule or Work Location) adds an ability for employees to request changes to their schedule or work location

  • Part VII (Overtime Pay) is amended to establish a rule for overtime pay for employees who have two or more regular rates for work performed for the same employer

  • Part X (Public Holidays) is amended.  The rules for the calculation of public holiday pay under section 24 are amended to be based on the number of days actually worked in the pay period immediately preceding the public holiday 

  • Employee Misclassification - The proposed legislation would prohibit employers from misclassifying employees as "independent contractors." This is intended to address cases where employers improperly treat their employees as if they are self-employed and not entitled to the protections of the ESA. Employers that misclassify their employees could be subject to penalties including prosecution, public disclosure of a conviction and monetary penalties.

View government’s background for more information here.

Implications for Occupational Therapists

Occupational Therapists who are employed or contracted as independent contractors or those who are employers of others will be both interested and affected by passage of this bill.  When passed, members are encouraged to review the implications for their employment situation, ensuring transparent discussions with their employer/contractor.  Employers will be bound to these amendments of the Employment Standards Act and Labour law.