Ontario's Bill 148, Fair Workplaces, Better Jobs Act, 2017 received Royal Assent yesterday, becoming law.
The Bill is now law, amending Ontario's Employment Standards Act and Labour Relations Act in substantial ways. Gowling WLG's comprehensive guide to the Bill 148 changes can be found here.
The chart below details the coming-into-force provisions of the Fair Workplaces, Better Jobs Act, 2017. This information is based on the most recent version of the Act, which received Royal Assent on Nov. 27, 2017.
Provision |
Cross-referenced Provisions |
Outcome |
|
---|---|---|---|
General Commencement |
2(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent. |
Not applicable. |
Does not have a practical effect given the various coming into force dates for each Schedule. |
General Commencement |
2(2) The Schedules to this Act come into force as provided in each Schedule. |
Please refer to the commencement provisions of each Schedule. |
Please refer to Schedules. |
General Commencement |
2(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions. |
The term "proclamation" was not included in any provision of the current version of Bill 148. |
No terms provide for coming into force upon proclamation. |
Schedule 1, Employment Standards Act, 2000 |
72(1) Subject to subsections (2) to (5), this Schedule comes into force on January 1, 2018. |
Not applicable. |
Unless provided below, all Schedule 1 (ESA) provisions are effective January 1, 2018. |
Schedule 1, Employment Standards Act, 2000 |
72 (2) Section 5 and
this section come into force on the day the Fair Workplaces,
Better Jobs Act, 2017 receives Royal |
5 The Act is amended by adding the following section: No treating as if not employee Onus of proof |
"No treating as if not employee" provision and burden of proof on employer to disprove employee status effective November 27, 2017. |
Schedule 1, Employment Standards Act, 2000 |
72(3) Subsection 8(7), sections 32, 33 and 36 come into force on the later of December 3, 2017 and the day the Fair Workplaces, Better Jobs Act, 2017 receives Royal Assent. |
8 (7) Subsection 15 (7) of the Act is amended
by striking out "critically ill child care leave" and
substituting "critical illness leave". (2) Section 48 of the Act is amended by adding the following subsection: Transition 33(1) Subsection 49 (1) of the Act [end of parental leave] is amended by striking out "35 weeks" and substituting "61 weeks" and by striking out "37 weeks" and substituting "63 weeks". (2) Section 49 of the Act is amended by adding the following subsection: Transition 26 The heading immediately before section 49.4 and section 49.4 are repealed and the following substituted: [Includes entire section on Critical Illness leave] |
Critical illness leave and increased parental leave provisions will come into force on December 3, 2017. |
Schedule 1, Employment Standards Act, 2000 | 72(4) Subsection 1 (2) and sections 25, 26, 27, 28, 29, 41 and 45 come into force on April 1, 2018. |
1(2) Subsection 1 (1) of the Act is amended by
adding the following definition: 25 Part XII of the Act [Equal Pay for Equal
Work] is amended by adding the following section: 26(1) Clause 42 (2) (d) of the Act [under Equal Pay for Equal Work, currently provides "any other factor other than sex"] is amended by adding "or employment status" at the end. 21(2) The French version of subsection 42 (4)
of the Act is amended by striking out "doit faire" and
substituting "ne 21(3) Section 42 of the Act [Equal Pay for Equal Work] is amended by adding the following subsection: Written response 27 Part XII of the Act [Equal Pay for Equal Work] is amended by adding the following section: Difference in employment status Exception Reduction prohibited Organizations Deemed wages Written response Transition, collective agreement Same, limit 28 Part XII of the Act [Equal Pay for Equal Work] is amended by adding the following section: Difference in assignment employee status Exception Reduction prohibited Organizations Deemed wages Written response Transition, collective agreement Same, limit 29 Part XII of the Act is amended by adding the following section: Review Same 41 Clause 74 (1) (a) of the Act is amended by adding the following subclauses: (v.1) makes inquiries about the rate paid to another employee
for the purpose of determining or assisting another 45 Clause 74.12 (1) (a) of the Act is amended by adding the following subclauses: (v.1) makes inquiries about the rate paid to an employee of the
client for the purpose of determining or assisting (v.2) discloses the assignment employee's rate of pay to an
employee of the client for the purpose of determining or (v.3) discloses the rate paid to an employee of the client to
the assignment employee's temporary help agency for the |
Definition of "difference in employment status" and changes to Equal Pay for Equal Work provisions come into force on April 1, 2018. |
Schedule 1, Employment Standards Act, 2000 |
72(5) Subsections 2(3), 8 (2) and (6), sections 11 and 12 and subsection 69(3) come into force on January 1, 2019. |
2(3) Clause (c) of the definition of "employee" in subsection 1 (1) of the Act is repealed and the following substituted: (c) a person who receives training from a person who is an
employer, if the skill in which the person is being trained is
a 8(2) Subsection 15 (1) of the Act [Employee Records] is amended by adding the following paragraphs: 3.3 The dates and times that the employee was scheduled to work
or to be on call for work, and any changes made to the 3.4 Any cancellations of a scheduled day of work or scheduled on
call period of the employee, as described in subsection 8(6) Paragraph 3 of subsection 15 (5) of the Act [Retention of Records], as amended by subsection (5), is amended by striking out "paragraph 3.1, 3.2 or 4"and substituting "paragraph 3.1, 3.2, 3.3, 3.4 or 4". 11 The Act is amended by adding the following Part: Part VII.1: Requests for Changes to Schedule or Work Location Request for changes to schedule or work location Receipt of request Grant of request Denial of request Part VII.2: Scheduling [includes the three hour rule, exception, minimum pay for being on call, right to refuse, cancellation and limits] 69(3) Paragraph 2.0.2 of subsection 141 (1) of the Act is repealed. [Removes the ability of the Lieutenant Governor in Council to make regulations on 2.0.2: "Requiring an employer to pay at least the amount prescribed where an employee who regularly works more than three hours a day is required to present himself or herself for work on a day on which he or she works fewer than three hours."] |
Modification to definition of employee, requirement to keep records of on-call schedules or cancelled days of work/on call periods, changes to work schedule/location and scheduling provisions come into force January 1, 2019. |
Schedule 2, Labour Relations Act, 1995 |
20 This Schedule comes into force on the later of January 1, 2018 and the day the Fair Workplaces, Better Jobs Act, 2017 receives Royal Assent. |
Not applicable. |
Amendments to Labour Relations Act, 1995 will be effective on January 1, 2018. |
Schedule 3, Occupational Health and Safety Act |
2 This Schedule comes into force on the day the Fair Workplaces, Better Jobs Act, 2017 receives Royal Assent. |
Not applicable. |
Amendments to the Occupational Health and Safety Act effective November 27, 2017. |
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.