legal words
Bill 148 Amendments to
Ontario’s Employment
Standards and Labour Laws
AN EXPENSIVE ROLLER COASTER RIDE FOR EMPLOYERS –
AND AN ACTION PLAN
By George Vassos
This has been a roller coaster ride like no other for HR
professionals.
The ride started in May 2015 when the Ontario government
appointed two special advisors to conduct the
“Changing Workplaces Review.” The top of the ride came two
years later on May 23, 2017, when the special advisors issued their
extensive final report (and a summary report) with 173 recommendations
for amendments to the Employment Standards Act,
2000 (ESA) and Labour Relations Act, 1995 (LRA).
Since May 23, employers have been on the downside of the roller
coaster ride. With lightning speed, the government announced
on May 30 its intention to pass The Fair Workplaces, Better Jobs
Act, 2017 and details of same. Only two days later on June 1, Bill
148 was introduced, and it passed First Reading unanimously.
Bill 148 has been referred to the Standing Committee on Finance
and Economic Affairs for review (and public input). Committee
meetings were announced for June 22; July 10-14 and 17-21; and
August 21-25.
The small piece of good news for employers is that Bill 148
amendments are not as extensive as originally feared in light of the
173 recommendations. Beyond that, most employers see nothing
more than higher costs flowing from those amendments, including
significant increases in minimum wage and equal pay for equal
work (e.g., full-time vs. part-time). The proposed effective date
for most ESA amendments is
January 1, 2018, and six
months after Royal
Assent for LRA
amendments.
The Ontario Legislative Assembly is now in recess until
September 8. A “broad consultation process” has been promised
with respect to Bill 148, but that process will likely be limited to
the committee’s summer review (when many individuals are away
on vacation).
There are many initiatives employers should consider
undertaking.
1. CONDUCT AN ESA SELF-AUDIT NOW
A self-audit is an important tool to evaluate legal compliance,
effectiveness of HR and recordkeeping
systems and recommended
practices; create proactive protection;
and develop staff
(usually HR).
Every employer should ask
whether it is aware of all of its
ESA obligations and whether
it is currently compliant with
all obligations (even before addressing
Bill 148 amendments).
In addressing these two questions,
start with a focus on simple
issues:
■■ Is the required ESA poster
posted in the workplace, has it
been provided to all existing
employees and is there a
system in place to provide
it to all new employees?
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HRPROFESSIONALNOW.CA ❚ JULY 2017 ❚ 13