Occupational Health & Safety Legislation Tracker

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Year Bill/Reg./Act Jurisdiction Status
2017 C-63 Federal
Royal Assent
OHS Impact

This Bill will, make a number of changes to scheduling practices and leaves of absence under the Canada Labour Code impacting all employers within the federal jurisdiction.

Changes

The amendments include the following:

  • Providing employees with a formal right to request flexible work arrangements from their employers
  • Providing employees with at least 24 hours' notice of a change in shift
  • Providing employees with a right to refuse overtime in order to fulfill a family responsibility
  • A new three-day unpaid family responsibility leave
  • A new 10-day unpaid leave for victims of family violence
  • A new three-day unpaid leave for traditional Aboriginal practices
  • Extending the current paid bereavement leave by an additional two unpaid days, and extending the time period in which bereavement leave can be taken
  • Other modifications to provisions on work schedules, overtime, annual vacation and general holidays intended to provide greater flexibility in work arrangements.
Year Bill/Reg./Act Jurisdiction Status
2017 C-65 Federal
Royal Assent
OHS Impact

This amendment will strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the workplace, and will extend the occupational health and safety provisions of the Canada Labor Code to Parliamentary employers and employees.

Changes

Part 1 of the Act amends the Canada Labor Code to strengthen the current framework for the prevention of workplace harassment and violence, including sexual harassment and violence, by requiring employers to:

  • Investigate, record and report all accidents, occurrences of harassment or violence, occupational illnesses and other hazardous occurrences known to the employer
  • Take prescribed measures to prevent and protect against harassment and violence and to offer support to employees affected
  • Prescribe appropriate procedures to handle investigations of complaints

Legislation Briefing
Year Bill/Reg./Act Jurisdiction Status
2018 Bill 203 Provincial
Royal Assent
OHS Impact

The Act establishes requirements relating to the disclosure of information about the compensation of employees and prospective employees. The legislature was prorogued on March 19, meaning that all outstanding Bills including Bill 203 Pay Transparency Act, 2018 died on the order paper and have to be reintroduced by the government. This bill was reintroduced as Bill 3, the Act establishes requirements relating to the disclosure of information about the compensation of employees and prospective employees.

Changes
  • Sections 4-7 of this bill would require all publicly advertised job postings to include a salary rate or range, bar employers from asking about past compensation and prohibit reprisal against employees who do discuss or disclose compensation.
  • Sections 8 to 11 address the powers and duties of compliance officers who may be appointed to enforce the Act.
  • Compliance officers may conduct compliance audits, and if an officer believes that a person has contravened a provision of this Act or the regulations, the officer may issue a notice of contravention to the person under section 12.
  • Sections 13 to 15 specify the procedures that apply for disputing a notice of contravention before the Ontario Labour Relations Board and enforcing the notice in a court.
Update:
On November 15, 2018, the Ontario government introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018  in the Ontario legislature. Bill 57 proposes to amend Pay Transparency Act, 2018, which was scheduled to come into effect on January 1, 2019.
If passed, Bill 57 would change the commencement date of Ontario’s Pay Transparency Act, 2018 to a date to be determined by the cabinet


Legislation Briefing
Year Bill/Reg./Act Jurisdiction Status
2018 Bill 57 Provincial
Royal Assent
OHS Impact
Bill 57 proposes to amend a significant number of Ontario’s statutes, including the Pay Transparency Act, 2018, which was scheduled to come into effect on January 1, 2019. If passed, Bill 57 would change the commencement date of Ontario’s Pay Transparency Act, 2018 to a date to be determined by the cabinet.

 
Changes
As stated under the Pay Transparency Act, 2018, Certain employers would have increased reporting requirements relating to compensation.
  • Every employer with 100 or more employees (and every prescribed employer) would be required to prepare pay transparency reports.
  • Reports would include information relating to the employer, its workforce composition, and differences in compensation in the workforce with respect to gender and other prescribed characteristics.
  • Post these reports online or in a conspicuous place in every workplace of the employer, pay transparency reports would also have to be submitted to the Ministry, which would then publish these reports or otherwise make them available to the public.
The 2018 Ontario Economic Outlook and Fiscal Review (Review), provides that “the government is proposing to delay the implementation date for the Pay Transparency Act, 2018 to allow for consultation.”
Year Bill/Reg./Act Jurisdiction Status
2018 Bill 66 Provincial
Royal Assent
OHS Impact
The proposed legislation includes amendments to several of Ontario’s workplace laws, including both the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). The bill proposes changes to regulations relating to toxic chemicals, employment standards, child care caps, safety in assembly plants, pawnbrokers, food safety testing, wireless cellphone contracts, agriculture, water extraction permits, wastewater treatment, private career colleges and more.
Changes
Employment Standards Act, 2000
  • Posting ESA Posters: proposes that employers no longer be required to post in the workplace a poster providing information about the ESA and its associated regulations. Instead, employers would only be required to give each employee a copy of the most recent version of the poster.
  • Eliminating Requirement to Obtain Approval: Employers would no longer be required to seek the approval of the Director approval to make agreements that allow their employees to exceed 48 hours of work in a work week (entering overtime).
  • Duration of Overtime Averaging Agreements: Under the current terms of the ESA, averaging agreements applicable to unionized employees cannot be valid for more than one year after they take effect.  Under Bill 66, these agreements will continue to be effective until a subsequent collective agreement applicable to the employees comes into operation.
  • Existing Averaging Agreements: Existing averaging agreements would be deemed to have met the requirements set out in the ESA, and would continue to be valid until the employer and employee agree to revoke it, the Director revokes it, or the Director’s approval expires.
Labour Relations Act, 1995
  • Deeming Non-Construction Employers: proposes to amend the LRA to deem municipalities and certain local boards, school boards, hospitals, colleges, universities, and public bodies to be non-construction employers.  Hence, these entities would not be bound to the construction industry collective agreements, and all existing agreements would be terminated.
  • Amending the Bargaining Unit: Trade unions that represent employees of these employers who are employed, or who may be employed, in the construction industry no longer represent those employees. These entities would be able to apply to the Ontario Labour Relations Board to have the composition of such bargaining units redefined.
The new legislation also impacts other areas of workplace law, including:
  • Pension Benefits Act: Remove restrictions on the ability of private-sector employers to merge their single-employer pension plans with jointly sponsored pension plans.
  • Agriculture: The proposed amendments would apply the Agriculture Employees Protection Act (AEPA) to ornamental horticultural workers. Employees covered by AEPA are not permitted to unionize, but they have the right to form associations for the purposes of making representations to their employer regarding working terms and conditions.
Legislation Briefing
Year Bill/Reg./Act Jurisdiction Status
2018 Bill C-86 Federal
Royal Assent
OHS Impact
If passed, the Bill will make substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things.
 
Changes
​On October 29, 2018, the Federal Government introduced Bill C-86, the Budget Implementation Act, 2018.  In addition to introducing long-anticipated pay equity legislation, the proposed legislation would make significant changes to the labour standards in Part III of the Canada Labour Code.

The highlights of the proposed legislation are:
Proposed new Pay Equity Legislation:
  • If passed, Bill C-86 will enact a new Pay Equity Act that establishes a "proactive" pay equity framework under which employers will need to take up-front steps to eliminate pay differences between men and women.
  • The pay equity framework will apply to public and private sector employers that have 10 or more employees.
  • Employers will be required to establish and maintain a pay equity plan that identifies and corrects differences in compensation between jobs of equal value.
  • A Pay Equity Commissioner will facilitate the resolution of disputes, conduct compliance audits, investigate disputes, objections, and complaints, and have the power to make orders and impose administrative monetary penalties for violations of the legislation.   
Changes to the Canada Labour Code:
  • Pay Equity between Employment Statuses  - Employers will be prohibited from paying employees different rates of pay because of their "employment status" (i.e. full-time vs. part-time, casual, temporary, etc.) subject to narrow exceptions.
New Leaves - Employees will be entitled to new leaves, including:    
  • Five days of personal leave, including three paid days;
  • Five days of paid leave for victims of family violence; and,
  • The current minimum length of service requirements for leaves and holiday pay will be eliminated.
Notice of Termination - Employees will be entitled to significantly greater notice of termination or pay in lieu.  Specifically:    
  • Individual employees will be entitled to two weeks' notice if the employee has completed at least three months and less than three years of continuous employment.  After at least three years of continuous employment, the entitlement is one week's notice or pay in lieu for each year of continuous employment up to a maximum of eight (8) weeks' notice.
  • Employees who are terminated in a "group termination" would be entitled to a minimum of eight (8) weeks' notice of termination or pay in lieu thereof.
  • Vacation - Employees will be entitled to paid vacation as follows:    
  • Two weeks' vacation after one year of employment;    
  • Three weeks' vacation after five years of employment;    
  • Four weeks' vacation after 10 years of employment
Enforcement - The legislation would establish a Head of Compliance and Enforcement who will exercise most of the powers and perform most of the functions and duties that are related to Part II (Occupation Health and Safety), Part III (Labour Standards), and the still not-in-force Part IV, which relates to compliance with the Code.

Update: Sections 303-307 (Parental Benefits and related leave) and 310-311 (CLC)-which extend leave, are In Force March 17, 2019.

Legislation Briefing
Year Bill/Reg./Act Jurisdiction Status
2018 Schedule 5 Bill 18 Provincial
Royal Assent
OHS Impact

On April 6th, 2018 the Ontario government proclaimed Schedule 5 of Bill 18, Stronger Workplaces for Stronger Economy Act (passed November 6th, 2014), which enables the Lieutenant Governor in Council to table new regulations to protect temporary help agency workers. (Reasons for Schedule 5 not coming into force at the time Bill 18 received Royal Assent are not disclosed).

Changes

As a result of Schedule 5 being proclaimed, the Workplace Safety and Insurance Act can be amended by adding a definition for 'temporary help agency'. The Lieutenant Governor in Council may now table regulations that amend the WSIA and require the Workplace Safety and Insurance Board (WSIB) to:

  • Deem all wages paid by the agency employer for work at the specific client employer to have been paid by the client employer
  • Attribute the injury and accident costs to the client employer
  • Increase or decrease the client employer's premiums.

If such regulations were to proceed, client employers (organizations contracting temporary help agency) would be required to:

  • Send notice of workplace injury requiring health care or an injury preventing a worker from earning full wages to the WSIB
  • To provide additional information as necessary.
  • Failure to meet notice requirements would result in set fines
Legislation Briefing

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