On October 23, 2018, the Ontario Government introduced Bill 47, Making Ontario Open for Business Act, 2018.
This new act repeals some of the reforms that were brought in by Bill 148, Fair Workplaces, Better Jobs Act, 2017. If passed, these amendments will come into force on January 1, 2019 or when the bill receives Royal Assent (whichever is later).
Below is a summary of some of the changes that Bill 47 would bring:
- Minimum wage; would remain at the current $14 per hour until 2020
- Personal Emergency Leave: in place of 10 (2 paid, 8 unpaid) days per calendar year, employees would be entitled to 3 unpaid personal illness days, 3 unpaid family responsibility days and 2 unpaid bereavement days per year
- Public Holiday Pay: calculation was rolled back to the former formula in July 2018. This calculation method will remain in place (cumulative earnings of past 4 weeks divided by 20)
- Equal Pay for Equal Work: employers will no longer be required to pay part-time, temporary or casual employees at the same rate as full-time employees. Equal pay between genders remains in effect.
- Scheduling: the right to refuse a shift scheduled less than 96 hours before it starts would be reversed. Employee’s right to request changes to his/her work schedule and location would also be rescinded.
- Misclassification of Employees: while it is a violation to misclassify an employee as self-employed, the burden of proof would not necessarily fall upon the employer
- On-Call Pay: employers would not be expected to pay on-call employees a minimum of 3 hours pay per 24 hours if not called in
Some of the legislation brought in by Bill 148 that would remain in place include the extended Parental Leave, Domestic Violence and Sexual Violence Leave, Child Disappearance or Death Leave, Vacation and Overtime Pay and Family Medical Leave.
Disclaimer: This article is intended for general information only and is not intended as legal opinion or advice. The views and opinions expressed do not reflect the official position of BNG Bossy Nagy Group or any other affiliate.