Overview
On March 21, 2024, Bill 149-Working for Workers received Royal Assent. The Act amends the Employment Standards Act, 2000 (the “ESA”), the Workplace Safety and Insurance Act, 1997 (the “WSIA”), the Digital Platform Workers Rights Act, 2022 (the “DPWRA”), and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (the “FARPCTA”). We previously summarized the bill in our November 2023 newsletter.
The Bill was passed as drafted with certain provisions coming into effect immediately and others at later dates.
Employment Standards Act, 2000
a) In Force as of March 21, 2024
The following amendments are now in force.
When customers leave without paying, employers are not allowed to deduct amounts from employees’ pay. This applies to restaurants, gas stations, and other similar establishments.
There are also changes to the definition of “employee.” Under the previous definition an employee included someone who “receives training from an employer, if the skill in which they are being trained is a skill used by the employer’s employees.” The amendment clarifies that work done during a trial period is encompassed under “training.”
b) Amendments Coming into Force June 21, 2024
The following amendments are scheduled to come into force this summer on June 21, 2024.
i. Wages – Method of Payment
Wages may be paid to an employee via direct deposit if the account is in the employee’s name. The amendment adds the additional requirement that the employee must themselves select the account for direct deposit.
ii. Tipping
Any employer that has a policy on sharing tips and gratuities must post the policy in the workplace. Copies of these tip sharing written policies must be kept for 3 years after the policy stops being in effect.
Tips and gratuities are payable to employees by cash or cheque provided to an employee either at work or another location the employee agrees to or by direct deposit if the account is in the employee’s name and no other person other than the employee (or someone authorized by the employee) has access to the account.
iii. Vacation Pay
If the parties agree to make vacation payments other than in a lump sum payment prior to an employee’s vacation, there must now be a written agreement between the employer and employee over when vacation pay will be paid.
c) Amendments Coming into Force on a Date to be Proclaimed
While not in force yet, the following amendments have received Royal Assent and will come into effect on a date to be proclaimed by the Lieutenant Governor.
i. Job Postings
Once the upcoming changes come into force, employers will be required to disclose more information in job postings that are publicly advertised.
- Employers must disclose the use of any artificial intelligence (“AI”) to screen, assess, or select applicants. Exceptions are to be determined.
- An employer must disclose the expected compensation, or the compensation range, for the position being advertised. This is also subject to “conditions, limitations, restrictions or requirements as may be prescribed by regulation.”
- Publicly advertised job postings and accompanying application forms must be retained for 3 years after the general public can no longer access them.
- An employer must not have a Canadian experience requirement in the publicly advertised posting or in application forms unless statutorily required elsewhere.
In 2023 when this amendment was first being proposed, the Minster of Labour, Immigration, Training and Skills Development, David Piccini, said in a press release “[a]nd as the use of artificial intelligence in Ontario skyrockets, our government will continue to take action to ensure workers aren’t excluded from the job market because of technological biases and that their privacy rights are protected.” The use of AI in recruitment has the potential to enhance efficiency, however it is not infallible and should be closely and continuously monitored to ensure there is no unintentional bias and discrimination occurring in how it assesses applicants.
Workplace Safety and Insurance Act
Bill 149 will also be making changes to WSIA. These amendments will come into force on a date to be proclaimed by the Lieutenant Governor.
i. Occupational Disease Presumptions
Firefighters that have been diagnosed with esophageal cancer and have over 15 years of experience before being diagnosed and were diagnosed on or after January 1, 1960 will be presumed to have contracted the disease in the course of their work.
ii. Super Index
Once in force, there will be the ability to “super index” WSIB benefits beyond the annual inflation rate.
Digital Platform Workers Rights Act
The DPWRA has yet to come into force. The Bill 149 amendments give the Ontario government the power to enact regulations for determining compliance with minimum wage requirements and to impose limits on recurring pay days and pay periods for workers covered under this legislation.
Fair Access to Regulated Professions and Compulsory Trades Act
The amendments to the FARPCTA are also not in force yet. They will come into force on a date to be proclaimed by the Lieutenant Governor.
Once in force, these amendments will give the government the power to enact regulations relating to the determination of whether a regulated profession makes assessments of qualifications that are “transparent, objective, impartial and fair.” This requirement will also extend to third-party assessments.
We will continue to provide updates on Bill 149 and other legislative changes as they arise.
Consultations
In the statement announcing the passing of the Bill, the government reiterated its plan to launch consultations regarding:
- restricting the use of Non-Disclosure Agreements in the settlement of cases of workplace sexual harassment, misconduct or violence;
- creating a new, job-protected leave for critical illnesses to match the length of the 26-week federal Employment Insurance sickness benefits.