Bill 47, containing changes to  the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA) received royal assent on On November 21, 2018. For your reference, you can click here to access the full text of Bill 47.

The changes to the ESA come into force on January 1, 2019. The changes to the LRA came into force on November 21, 2018.

In the interests of clarity, rather than detail which changes were made and repealed and which amendments are new, this email outlines the legislation you should now follow. There are some exceptions in which it makes more sense to refer to entitlements that were introduced in the Liberal government’s Bill 148 and subsequently repealed by the current government in Bill 47. The most important aspects are outlined below.

Changes to Employment Standards Act, 2000 – In force January 1, 2019

Minimum Wage

Minimum wage is frozen at $14 until October 1, 2020
Starting October, 2020, minimum wage will be subject to an annual inflation adjustment.

Scheduling
All of the changes in respect of scheduling are repealed, except that employees who regularly work more than three hours a day and are required to present themselves for work, but who work fewer than three hours, will be entitled to a minimum of three hours’ pay

There is an exception to this three hour minimum if the shift is shortened because of events beyond the employer’s control (e.g. fire, power failure)Personal Leave

Personal emergency leave is repealed and is replaced with three broad categories of leave: Sick Leave, Family Responsibility Leave, and Bereavement Leave. Each applies separate from each other.

Entitlements:

• Sick leave: Three (3) days
• Family Responsibility: Three (3) days
• Bereavement: Two (2) days

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Evidence reasonable in the circumstances can be requested by an employer, including a doctor’s note
Eligibility for these leaves begins after two consecutive weeks of employment with the employer
These leave days are deemed to be taken as entire days, regardless of whether or not the employee is off work for the entire day
Each new category of leave is unpaid

Other Leaves
Domestic and Sexual Violence

• Up to ten (10) individual days and up to fifteen (15) weeks, with the first five (5) days 
• Up to two years (104) weeks

Death of a Child or Crime-related Disappearance:  Parental:  

• If the employee took a pregnancy leave: Sixty one (61) weeks
• If the employee did not take a pregnancy leave: Sixty three (63) weeks
• Twenty eight (28) weeks in a one year (52 week) period

Family Medical: Critical Illness Care:

• For a child: Thirty seven (37) weeks in a one year (52 week) period 
• For an adult: Seventeen (17) weeks in a one year (52 week) period

Employee Classification

Employers have the obligation to classify employees correctly

Public Holiday Pay
Public holiday pay is calculated as:
Total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, this amount then divided by 20 (This is a return to the pre-Bill 148 formula)

Vacation Time/Pay

• Employees with fewer than five (5) years of service: Two (2) weeks’ vacation time/pay

• Employees with five (5) or more years of service: Three (3) weeks’ vacation time/pay

Equal Pay for Equal Work

• On the basis of sex: Equal pay for equal work, on the basis of sex, applies to employees who perform substantially the same (but not necessarily identical) jobs for the same employer
• On the basis of employment status (part-time, full-time, seasonal, casual) and for temporary help agency employees: There is no obligation for the employer to pay equal pay for equal work on this basis.

Penalties for Contravention
Penalties are $250/$500/$1000 for first/second/third administrative contravention

Wage Review

The new bill repeals entitlements introduced by Bill 148. That is, as of January 1, 2019, employees are not entitled to request a review of their wages.

Scope of the Act

Persons who perform work in a simulated job or working environment (for the primary purpose of his or her rehabilitation) are covered by the Employment Standards Act.

Note: this change comes into force on a day to be named by proclamation of the Lieutenant Governor

Changes to the Labour Relations Act, 1995 – In force as of November 21, 2018

Union Certification
Card-based certification in each of these industries – home care and community services industries, building services industry, and temporary help agency industry – is repealed to certification regulations previous to Bill 148

Remedial Certification
Remedial certification is only available if no other remedy would be sufficient to counter the effects of the employer’s contravention (This is a return to the original pre-conditions for the OLRB to certify a union as a remedy for employer misconduct)

First Collective Agreement Mediation
The first collective agreement mediation and mediation-arbitration introduced in Bill 148 are repealed and Bill 47 returns first collective agreement arbitration provisions to the pre-Bill 148 legislation

Employee Lists
Trade unions are not entitled to obtain a list of employees or their contact information from an employer, even if there is evidence of 20% support of the employees involved.

IMPORTANT: In the previous bill, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), unions may have gained access to an employee list. A trade union must destroy any employee contact list obtained under the previous version of the LRA.

Educational Support

Employees are not entitled to request educational support in the practice of labour relations and collective bargaining

Review of Bargaining Unit Structure
An employer or union is not entitled to apply to the OLRB to review the structure of a bargaining unit after certification (but prior to entering into a collective agreement)

Strike or Lock-out Timelines
Where there is no collective agreement in force, no strike or lock-out is permitted until nine (9) days after the release of the conciliation report, or sixteen (16 days) after the release of a notice that the Minister will not appoint a conciliation board

Reinstatement of Employees after Strike
The pre-Bill 148 legislation is restored that an employer must reinstate an employee where an application is made within six months following the commencement of a lawful strike

Notices and Communication
For any proceeding under the LRA, any notice or communication may be sent by mail, courier, fax, or email

Penalties and Fines
The penalties are set at $2,000 for individuals and $25,000 for organizations. (This is a restoration of the Pre-Bill 147 amounts)