A client recently reported that she was informed by the Employment Standards administration that the Code changes will be binding on January 1, 2018 even for employees who are covered by a collective agreement. That is not correct. Section 95 of the amendments brought about by Bill 17 is clear that the standards under Part 2 of the current Code (not the provisions under Part 2 of the new Code) continue to apply to employers and employees covered by a collective agreement until the earlier of the effective date of a new collective agreement or January 1, 2019.

Unionized employers therefore have some breathing room before they must amend their agreements to recognize the many changes to the Employment Standards Code.

We have also heard of other misinformation being provided about the upcoming changes. Some of these changes can be confusing.

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.