The Ontario government is proposing to repeal amendments made by the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) that are reportedly causing employers the most concern and unnecessary burden.The proposed Bill 47 "Making Ontario Open for Business Act" has been introduced as part of an omnibus bill in legislature today, and according to the government, would "remove the worst burdens that prevent Ontario businesses from creating jobs while expanding opportunities for workers".The government undertook a thorough review of Bill 148 with consideration given to the impacts on Ontario's job creators and the opportunities for vulnerable workers. As part of this review dozens of employers and labour unions were consulted, and every clause of Bill 148 was considered with an eye to its impact on job creation in Ontario.It is expected that bill 47 will move through the Legislature quickly. If passed in its current form, the amendments to the Employment Standards Act, 2000 (“ESA”) will probably come into effect either on January 1, 2019 or the actual date of Royal Assent - whichever occurs first. The amendments to the Labour Relations Act, 1995 (“LRA”) will come into force on the actual date of Royal Assent.When the legislation passes, the amendments that would be repealed include major portions of bill 148 including:
- Minimum wage as of January 1st 2019
- Scheduling changes that were to come into force January 1st 2019
- The three hour rule that was to come into effect January 1st 2019
- Changes to Personal Emergency Leaves
- Changes to Vacation allocation of 3 weeks paid vacation after 5 years of service
- Public holiday pay calculation formula
- Mis-classification - requirement for the employer to prove that an individual is not an employee
- Equal pay for equal work
- The penalties for contravention
- All of the changes to the Labour Relations Act (LRA)
- Fines under the Labour Relations Act (LRA)
More details on the repeal of bill 148 available in the government of Ontario's Press ReleaseThe issue in the news, as it unfolds.Stay tuned for additional updates on this from Beneplan.
