Bill 148 Highlights

Bill 148, Fair Workplaces, Better Jobs Act, 2017 received Royal Assent in November 2017. Below we outline a few highlights to help you navigate the changes to the employment/labour law landscape in Ontario.

Note: Not all amendments are shown below, to view all changes and the specific details of each, please go to Legislative Assembly of Ontario – Bill 148 Fair Workplaces, Better Jobs Act, 2017.

If you have any questions about the information provided below, or about Bill 148, please feel free to contact your CBA consultant.

Employment Standard Act

Current

Change

Minimum Wage $11.40/Hr $14/Hr January 1, 2018

$15/Hr January 1, 2019

Vacation Time/Pay 2 weeks/4% 3 weeks after 5 years/6%
Public Holiday Pay New formula, no “time off in lieu”
Part-Time, Casual, Temporary, Seasonal
Equal pay for equal work
Same pay rate as comparable full-time (exceptions apply)
Scheduling Right to request changes in work hours or location
3-Hour Rule 3 hours deemed if regular shift reduced to under 3 hours Minimum 3 hours pay for shifts <3 hour or shift cancellation
Independent Contractors Violation to misclassify
Record Keeping Requirements Scheduling, leaves, on-call shifts, vacation time, pay
Family Medical Leave 8 weeks 27 weeks
Parental Leave Up to 37 weeks Up to 63 weeks
Critical Illness Leave Up to 37 weeks to provide support to critically ill minor who is family member

Up to 17 weeks to provide support to critically ill adult who is family member

Pregnancy Leave (miscarriage or stillbirth) 6 weeks 12 weeks
Personal Emergency Leave 10 days/50+ employees 10 days (first 2 paid)/all employers, no note required
Domestic Violence Leave n/a Up to 10 days, up to 15 weeks

(first 5 days paid)

Crime-related Child Disappearance Leave 52 weeks 104 weeks
Child Death Leave n/a 104 weeks

 

Labour Relations Act

Current

Change

Union Certification Remedial union certification if no other remedy would be sufficient for employer contravention Union access to employee list, broader remedial union certification more accessible votes outside workplace
No discharge or discipline Between certification and agreement (or when union no longer represents bargaining unit)
Return to Work Rights Within 6-months of strike At conclusion of strike/lock-out
First Collective Agreement Mediation-Arbitration 20 day waiting period (no strike/ lock-out, applications for decertification or applications for settlement of first agreement) Increased to 45 day waiting period

(no strike/ lock-out, applications for decertification or applications for settlement of first agreement)

Transitional Provision Related to “Scheduling” Collective agreement prevails over conflicts with ESA scheduling provision if agreement in place on January 1, 2019 (conflicting provisions expire January 1, 2020)