With
the introduction of Bill 47, the Making
Ontario Open for Business Act, 2018, Premier Ford and the Ontario
PCs have proposed legislation that would repeal some of the positive reforms
that were won with the former Liberal government’s passage of the Fair Workplaces, Better Jobs Act, 2017 (Bill
148).
the introduction of Bill 47, the Making
Ontario Open for Business Act, 2018, Premier Ford and the Ontario
PCs have proposed legislation that would repeal some of the positive reforms
that were won with the former Liberal government’s passage of the Fair Workplaces, Better Jobs Act, 2017 (Bill
148).
The
PC government has released a plan on its website, titled “Open
for Business: Removing Burdens While Protecting Workers”, which sets
out in broad strokes the changes Bill 47 would make to the province’s labour
and employment laws. Both the Bill and the plan are deeply troubling. Neither
protect workers and, if Bill 47 passes, workers stand to lose a host of
protections under both the Employment
Standards Act (ESA) and the Labour
Relations Act (LRA).
PC government has released a plan on its website, titled “Open
for Business: Removing Burdens While Protecting Workers”, which sets
out in broad strokes the changes Bill 47 would make to the province’s labour
and employment laws. Both the Bill and the plan are deeply troubling. Neither
protect workers and, if Bill 47 passes, workers stand to lose a host of
protections under both the Employment
Standards Act (ESA) and the Labour
Relations Act (LRA).
Some
of the changes Bill 47 will bring include:
of the changes Bill 47 will bring include:
Employment
Standards Act
Standards Act
·
Minimum Wage.
Bill 47 freezes the minimum wage at $14/hr and prevents the wage from
increasing to $15 on January 1, 2019 as stipulated under Bill 148. Worse yet,
the wage will remain frozen at $14 until October of 2020! Beginning on October
1 of 2020 the wage will be adjusted annually based on inflation.
Minimum Wage.
Bill 47 freezes the minimum wage at $14/hr and prevents the wage from
increasing to $15 on January 1, 2019 as stipulated under Bill 148. Worse yet,
the wage will remain frozen at $14 until October of 2020! Beginning on October
1 of 2020 the wage will be adjusted annually based on inflation.
·
Equal pay for equal work. Repeals the requirement for employers to provide
equal pay for equal work, regardless of whether the employee is part-time or
full-time. This, sadly, once again allows employers to pay part-time workers
less and provides an incentive for employers to reduce full-time jobs in favour
of more part-time, lower-paid, jobs. In addition to harming part-time workers,
the proposed legislation would also remove the need to pay casual and temporary
employees equal pay for work equal to that of full-time employees.
Equal pay for equal work. Repeals the requirement for employers to provide
equal pay for equal work, regardless of whether the employee is part-time or
full-time. This, sadly, once again allows employers to pay part-time workers
less and provides an incentive for employers to reduce full-time jobs in favour
of more part-time, lower-paid, jobs. In addition to harming part-time workers,
the proposed legislation would also remove the need to pay casual and temporary
employees equal pay for work equal to that of full-time employees.
·
Penalties under the ESA. Repeals the administrative penalties for
contraventions of the ESA and decreases the maximum penalties for
non-compliance from $350/$700/$1500 to $250/$400/$1000, respectively.
Penalties under the ESA. Repeals the administrative penalties for
contraventions of the ESA and decreases the maximum penalties for
non-compliance from $350/$700/$1500 to $250/$400/$1000, respectively.
·
Misclassification.
While it will remain illegal to misclassify an employee as an independent
contractor, Bill 47 repeals the requirement that an employer prove an
individual is not an employee when there’s a dispute over the issue. This
returns us to a situation where the employer will be more able to misclassify
workers as contractors, thereby avoiding the legal rights available to
employees.
Misclassification.
While it will remain illegal to misclassify an employee as an independent
contractor, Bill 47 repeals the requirement that an employer prove an
individual is not an employee when there’s a dispute over the issue. This
returns us to a situation where the employer will be more able to misclassify
workers as contractors, thereby avoiding the legal rights available to
employees.
·
Scheduling.
Repeals numerous provisions relating to scheduling that were meant to come into
force on January 1, 2019:
Scheduling.
Repeals numerous provisions relating to scheduling that were meant to come into
force on January 1, 2019:
o Repeals the provision that would allow an employee to
request changes to schedule or work location after the employee has been with
the employer for 3 months;
request changes to schedule or work location after the employee has been with
the employer for 3 months;
o Repeals the provision that an on-call employee must be
paid for 3 hours’ work if the employee is not called-in or if the employee
works less than 3 hours;
paid for 3 hours’ work if the employee is not called-in or if the employee
works less than 3 hours;
o The Bill also repeals the provision that an employee
is entitled to 3 hours’ pay if their shift is cancelled within 48 hours of the
start of the shift; and
is entitled to 3 hours’ pay if their shift is cancelled within 48 hours of the
start of the shift; and
o Repeals the provision that would give workers the
right to refuse requests or demands to work or to be on-call on a day they are
not scheduled to work or to be on-call with less than 96 hours’ notice.
right to refuse requests or demands to work or to be on-call on a day they are
not scheduled to work or to be on-call with less than 96 hours’ notice.
·
Sick days.
Bill 47 amends subsection 15 (7) of the ESA by striking out “personal emergency
leave” and substituting “sick leave, family responsibility leave, bereavement
leave”. Under Bill 148, workers are granted up to 10 personal emergency leave
days a year. Two of these days are paid and employers cannot demand a medical
note or evidence of reason for the leave. Bill 47 changes this, allowing
workers up to 3 days for personal illness[1], 2
for bereavement[2], and 3 for family
responsibilities[3]. None of these days are
paid and the employer is entitled require an employee who takes leave to
provide evidence that they are entitled to the leave. In most cases it’s likely
that such “evidence” will be a medical note from a doctor or hospital. Further,
if an employee must take off part of a day it will be considered a whole day of
leave for purposes of calculating leave entitlements.
Sick days.
Bill 47 amends subsection 15 (7) of the ESA by striking out “personal emergency
leave” and substituting “sick leave, family responsibility leave, bereavement
leave”. Under Bill 148, workers are granted up to 10 personal emergency leave
days a year. Two of these days are paid and employers cannot demand a medical
note or evidence of reason for the leave. Bill 47 changes this, allowing
workers up to 3 days for personal illness[1], 2
for bereavement[2], and 3 for family
responsibilities[3]. None of these days are
paid and the employer is entitled require an employee who takes leave to
provide evidence that they are entitled to the leave. In most cases it’s likely
that such “evidence” will be a medical note from a doctor or hospital. Further,
if an employee must take off part of a day it will be considered a whole day of
leave for purposes of calculating leave entitlements.
Labour
Relations Act
Relations Act
·
Employee lists.
Repeals and replaces section 6.1 of the LRA, which permits a trade union to
obtain a list of the employees of an employer and certain related information.
Under the new section 6.1, if a union obtains an employee list before Bill 47
comes into force, the union must, on or immediately after the day Bill 47 comes
into force, destroy the employee list.
Employee lists.
Repeals and replaces section 6.1 of the LRA, which permits a trade union to
obtain a list of the employees of an employer and certain related information.
Under the new section 6.1, if a union obtains an employee list before Bill 47
comes into force, the union must, on or immediately after the day Bill 47 comes
into force, destroy the employee list.
·
Certification. Repeals
s. 15.2 of the LRA, which allows for card-based certification of workers in
home car, building services, and temporary help agencies. These typically
vulnerable workers will now need to vote through secret ballot, making the
certification process more difficult.
Certification. Repeals
s. 15.2 of the LRA, which allows for card-based certification of workers in
home car, building services, and temporary help agencies. These typically
vulnerable workers will now need to vote through secret ballot, making the
certification process more difficult.
·
Educational Support.
Bill 47 repeals s. 16.1 of the LRA, which allows either party to a collective
agreement to request from the Minister educational support in the practice of
labour relations and collective bargaining.
Educational Support.
Bill 47 repeals s. 16.1 of the LRA, which allows either party to a collective
agreement to request from the Minister educational support in the practice of
labour relations and collective bargaining.
·
OLRB powers.
Repeals the power of the OLRB to review and consolidate newly certified
bargaining units with existing bargaining units. The Bill also gives the OLRB
the power to review the structure of bargaining units where the existing
bargaining units are “no longer appropriate for collective bargaining.”
OLRB powers.
Repeals the power of the OLRB to review and consolidate newly certified
bargaining units with existing bargaining units. The Bill also gives the OLRB
the power to review the structure of bargaining units where the existing
bargaining units are “no longer appropriate for collective bargaining.”
·
First Agreement.
Sections 43 and 43.1 of the LRA currently provide for first collective
agreement mediation and mediation-arbitration. Bill 47 repeals and replaces
these provisions with a new section providing for first collective agreement
arbitration.
First Agreement.
Sections 43 and 43.1 of the LRA currently provide for first collective
agreement mediation and mediation-arbitration. Bill 47 repeals and replaces
these provisions with a new section providing for first collective agreement
arbitration.
·
Enforcement. Bill
47 decreases the maximum fine for offences under the LRA, amending section
104(1)(a) of the Act to reduce maximum fines of individuals from $5000 to
$2000. The Bill also amends s. 104(1)(b) of the LRA, which applies to
corporations, trade unions, council of trade unions or employers’ organization,
substituting a maximum fine of $25,000 down from $100,000.
Enforcement. Bill
47 decreases the maximum fine for offences under the LRA, amending section
104(1)(a) of the Act to reduce maximum fines of individuals from $5000 to
$2000. The Bill also amends s. 104(1)(b) of the LRA, which applies to
corporations, trade unions, council of trade unions or employers’ organization,
substituting a maximum fine of $25,000 down from $100,000.
·
Return-to-work.
Bill 47 brings back the sort of return-to-work provisions that were favoured by
the Mike Harris PCs. The Bill amends section 80 of the LRA to again impose a
six-month limitation on an employee’s right to reinstatement following the
start of a strike or lockout. Clearly, this will limit the bargaining power of
the unions.
Return-to-work.
Bill 47 brings back the sort of return-to-work provisions that were favoured by
the Mike Harris PCs. The Bill amends section 80 of the LRA to again impose a
six-month limitation on an employee’s right to reinstatement following the
start of a strike or lockout. Clearly, this will limit the bargaining power of
the unions.
·
Collective Agreements to be made public. Repeals and replaces s. 90 of the LRA so that each
party to a collective agreement must file a copy with the Minister after it is
made. The Minister will then publish a copy of the collective agreement or
otherwise make it available to the public.
Collective Agreements to be made public. Repeals and replaces s. 90 of the LRA so that each
party to a collective agreement must file a copy with the Minister after it is
made. The Minister will then publish a copy of the collective agreement or
otherwise make it available to the public.
And
these are just some of the changes proposed by Bill 47. Only in some kind of
bizarro world could Bill 47 be viewed as protecting workers. If this is the
Ford government’s idea of protecting workers, it’s chilling to think what they’d
do if they weren’t protecting workers!
these are just some of the changes proposed by Bill 47. Only in some kind of
bizarro world could Bill 47 be viewed as protecting workers. If this is the
Ford government’s idea of protecting workers, it’s chilling to think what they’d
do if they weren’t protecting workers!