Canada: Employers Must Hop On Board The Omnibus | The HR Space

Last Updated: October 6 2017
Article by Hannah Roskey

Bill C-441 is the federal government's omnibus legislation enacting measures outlined in the 2017 budget. Hidden within Bill C-44 are sweeping reforms to the Employment Insurance Act and the Canada Labour Code. Since the tabling of Bill C-44, many provinces have followed suit and proposed similar amendments to provincial employment and labour legislation. These changes reflect a trend towards greater regulatory enforcement procedures in the labour and employment spheres, as well as a shift towards more employee-friendly rules, particularly relating to benefits and leaves. Employers should be cognizant of these changes as they are implemented at both the federal and provincial levels.

Federal Legislation

The federal government Bill C-44 was enacted into law on June 22, 2017. Three sections of the Bill came into force on that date, while those dealing with employment insurance amendments will come into force on a later date to be determined by the government.

Bill C-44 includes several revisions to the Employment Insurance Act, which operate to:

  • Extend parental benefits for an additional 26 weeks, for a total of 61 weeks;
  • Allow parental benefits for birth mothers to be paid over a longer period at a lower benefit rate;
  • Allow expectant mothers to collect benefits up to 12 weeks prior to their due date, as opposed to the current 8 week period; and
  • Create a "caregiving" benefit for family members caring for a critically ill adult or critically ill child.

The Bill also amends the Canada Labour Code to provide similar, slightly greater increases to parental leave and maternity leave, and to create a comparable leave for family members caring for critically ill adults or children for federal sector employees.

Additionally, amendments to the Canada Labour Code now significantly expand the authority of the Canada Industrial Relations Board (CIRB) by providing it with the powers, duties, and functions of appeals officers under the Canada Labour Code. This gives the CIRB the jurisdiction to consider:

  • Unjust dismissal adjudications of non-union employees;
  • Complaints relating to reprisals; and
  • Penalty appeals under the sections of the Code dealing with occupational health & safety and employment standards.

All Aboard the Omnibus

Alberta 

Similar changes were recently proposed in Alberta. Following a period of public consultation, Bill 17: The Fair and Family-friendly Workplaces Act2 was passed by the Alberta legislature on June 5, 2017, and received royal assent on June 7, 2017. Most of the changes come into effect on January 1, 2018.

To align with the federal amendments, Alberta will reduce timelines for leave eligibility, increase the terms of existing leaves, and add new types of leave, including for long term illness and injury, for domestic violence, or to care for a critically injured child. Other changes include amendments to overtime pay, holiday pay, rest periods, and minimum age requirements that are favourable to employees.

More controversial amendments will also been implemented. These include changes making it easier for workplaces to become unionized. Specifically, a secret ballot vote will no longer be required if more than 65% of the employees hold membership cards. The amendments also include new administrative penalties, mandatory audit procedures, and potential inspections by Employment Standards Officers of Alberta workplaces.

Ontario 

The Ontario provincial government has also taken steps to implement more employee-friendly laws. On June 1, 2017, it introduced Bill 148: The Fair Workplaces, Better Jobs Act, 2017. This Bill aims to make significant changes to several minimum employment standards and to the labour relations regime in Ontario.

Our previous bulletin discussed the anticipated legislative changes in detail.3

Takeaway for Employers

The next few months will be a period of significant change in Canadian employment and labour law. Employers should review existing policies, procedures, and documents to ensure they are in compliance with the new requirements. Management and staff should be educated about the upcoming changes and prepared to answer questions. Employers should also be conscious of the heightened enforcement and administration powers of government officials and administrative tribunals in matters of employment and labour. Considering the direction of the federal government and some of its provincial counterparts, employers in violation of employment and labour laws may now face swifter and more severe penalties.

Footnotes

Bill C-44

The Fair and Family-friendly Workplaces Act

Ontario Employers Brace for Employment and Labour Legislative Shakeup

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.

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