Canada: Bill 66 Receives Royal Assent

Last Updated: April 26 2019
Article by Lucas Mapplebeck

Bottom Line

The Ontario Government's omnibus legislation, Bill 66, Restoring Ontario's Competitiveness Act, 2019, which received Royal Assent on April 3, 2019, amends the Employment Standards Act, 2000 (the "ESA"), the Labour Relations Act, 1995 (the "LRA") and the Pension Benefits Act (the "PBA"). Changes were made to the Bill by the Standing Committee on Central Government since we last reported on it at the Second Reading stage.

Bill 66 amendments relevant to employers include:

Amendments to the Employment Standards Act

Employers are no longer required to post the ESA poster in the workplace; however, they still have to provide their employees with a copy.

Bill 66 has also amended the ESA to remove the requirement for Director approval before:

  • employers enter into written agreements that allow their employees to exceed 48 hours of work in a work week.
  • employers enter into written agreements that allow them to average their employee's hours of work over a number of weeks for the purpose of determining the employee's entitlement to overtime pay.

To be enforceable, overtime averaging agreements must specify a start date and end date. The period of time over which the employee's hours may be averaged must not exceed four weeks.

If the employer and their employees agree, they can renew the averaging agreement after it expires.

These ESA amendments are now law, as they came into force upon Royal Assent on April 3, 2019.

Amendments to the Labour Relations Act, 1995

Bill 66 has amended the LRA so that the following employers are deemed to be non-construction employers:

  • municipalities;
  • local boards within the meaning of the Municipal Act, 2001 or the City of Toronto Act, 2006;
  • local housing corporations within the meaning of the Housing Services Act, 2011;
  • Corporations established under the Municipal Act, 2001 or under the City of Toronto Act, 2006;
  • district social services administration boards;
  • school boards;
  • public hospitals;
  • colleges of applied arts and technology;
  • universities that receive regular direct operating funding from the Government, and the university's affiliates and federates;
  • public bodies within the meaning of the Public Service of Ontario Act, 2006.

As a result of this amendment, the construction industry provisions of the LRA no longer apply to the above employers and trade unions that represent employees of the above employers who are  employed, or may be employed, in the construction industry no longer represent those employees. 

Moreover, a collective agreement binding any of the above employers and the corresponding trade union will cease to apply, in so far as the collective agreement applies to the construction industry.

One important change made by the Standing Committee was to include an opt-out option for the above employers, so that the employers could choose to remain bound by the applicable construction industry collective agreement. Deemed non-construction employers under Bill 66 may now choose to opt-out of the application of the LRA amendments if the following conditions are met:

  • the employer has employees represented by a trade union who are employed, or may be employed, in the construction industry;
  • the employer makes an election in writing, setting out the day the opt-out is made, and signed by a person or body with authority to bind the employer;
  • the opt-out is filed with the Minister of Labour within 3 months of Bill 66 receiving Royal Assent.

The LRA non-construction employer amendments are not yet in force; they will come into force upon proclamation. However, employers choosing to opt-out may start the process now, as the opt-out provisions under Bill 66 came into effect on April 3, 2019.

Amendments to the Pension Benefits Act

Bill 66 removes subsection 80.4 (1) of the PBA. This allowed only certain prescribed public sector pension plans to be converted from single employer pension plans to risk-shared jointly sponsored pension plans ("JSPP"). As a result of this amendment, private sector employers are no longer required to obtain a government regulation designating their pension plan as eligible for JSPP conversion.

The PBA amendments are now law, as they came into force upon Royal Assent on April 3, 2019.

Check the Box

As Bill 66 has now received Royal Assent, employers should review their current operations and decide whether they have a renewed interest in:

  • hours of work agreements;
  • overtime averaging agreements; or
  • a JSPP pension conversion.

Any existing Director approved agreements will remain in force until their expiry, so there is no need to arrange a new agreement where a Director approved agreement is in effect.

Public sector employers employing construction employees governed by provincial collective agreements should confirm whether or not they will be deemed a non-construction employer per Bill 66 and then decide whether or not to avail themselves of the opt-out option.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions