Human Resource Update for Employers – A Review of new and proposed Ontario Employment Legislation
Keeping up with changing employment legislation and regulations can be challenging. Every year in Ontario there are new laws passed that impact the Ontario worker and the workplace. The summary below will help employers keep up to date and compliant. Links to learn more about these changes are available at the end of this post. If you have questions or need assistance implementing changes in your workplace, Fusion Career Services can help.
New Ontario Legislation
Employment and Labour Statute Law Amendment Act, Bill 109
This law amends three separate acts affecting workers. One significant change introduced to protect workers is an amendment to the Workplace Safety and Insurance Act, 1997 (WSIA) prohibiting employers from trying to prevent workers reporting workplace injury or illness to the WSIB by making it an offence to do so. This change is effective December 10, 2015.
Police Record Checks – Bill 113
The Police Record Check Reform Act, 2015, Bill 113, standardizes how police record checks are managed in Ontario. Employers and volunteer organizations use police record checks to screen potential candidates. The new legislation balances the need for safety with an individual’s human rights and privacy. Implementation dates for the legislation have not yet been announced.
Ontario Retirement Pension Plan – Bill 56
The Ontario Retirement Pension Plan Act, 2015, Bill 56, established a mandatory pension plan for Ontario workers. By 2020 every Ontario worker will participate in the ORPP or a comparable workplace plan. A contribution rate of 3.8% of earnings will be shared equally between the employer and employee. Implementation begins in 2017. There has been some speculation that this legislation may be repealed pending a decision by the new Liberal Federal Government to expand contributions under the existing CPP program for all Canadian workers.
Accessibility – Accessibility for Ontarians with Disabilities (AODA)
In 2005, the provincial government passed the Accessibility for Ontarians with Disabilities Act with the goal of making Ontario accessible by 2025. Implementation Requirements for Private Sector Companies in 2016:
January 2016 – Employers with 50 or more employees are required to implement accessibility across all stages of the employment relationship (hiring, training, promotion, return to work after illness or injury, and more) and provide accessible formats and communication supports about goods, services or facilities, on request.
January 2016 – Employers with fewer than 50 employees are required to train employees on the requirements of AODA and to make any feedback tools (customer comment cards, on-line surveys) available in accessible formats, on request.
ESA Poster and Annual Increase to Minimum Wage – Bill 18
The Stronger Workplaces for a Stronger Economy Act, 2014, Bill 18, introduced a number of key changes to Ontario workplace legislation designed to protect vulnerable workers.
All new employees must receive a copy of the Employment Standards Act Poster – What You Need To Know. Each year increases to minimum wage will be announced in April and come into effect on October 1.
Temporary Workers – Bill 18
The Stronger Workplaces for a Stronger Economy Act, 2014, Bill 18, introduced changes that impact employers who use temporary workers. The most significant change involves a new shared liability between the employer and the temporary help agency for unpaid wages. This change introduces the risk of dual payments for temporary labour. Employers need to be diligent and ensure their temporary help agency is financially stable and following the law.
GHS – WHMIS 2015
All provinces and territories are in the process of amending their Workplace Hazardous Material Information System (WHMIS) requirements to reflect the federal changes towards the Global Harmonized System (GHS) or WHMIS 2015.
In Ontario, WHMIS 2015 will be phased in between February 2015 and December 2018. During the transition phase workers must be trained on both systems – WHMIS 1988 and WHMIS 2015. Free worker training is available from the Canadian Centre for Occupational Health and Safety (CCOHS).
New JHSC Certified Training Standards for 2016
Most workplaces in Ontario with 20 or more workers are required to have a Joint Health & Safety Committee (JHSC) comprised of both workers and management. The Ministry of Labour has issued new standards for JHSC Certification Training which become effective March 1, 2016. The new standards contain specific criteria that must be met for the approval of JHSC certification training programs and training providers. Part 1 of training will be generic; Part 2 will be industry specific. Training time has increased from 3 days to 5 days. Re-certification is required every 3 years.
Proposed Legislation
Sexual Harassment in the Workplace – Bill 132
Ontario is proposing legislation, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, Bill 132, that would help build a province where everyone is free from the threat of sexual violence and harassment. If passed, the legislation would include amendments to the Occupational Health and Safety Act, that would enhance requirements for sexual harassment prevention programs. The changes would create specific employer duties to protect workers, including a duty to ensure that incidents and complaints are appropriately investigated.
Consultations on Employment Related Laws – Ongoing
Gender Wage Gap
The difference between wages earned by men and women ranges from 12% to 31%. The government has launched public consultations on closing the gap. Consultations are in progress and written submissions are being accepted until January 16, 2016.
WSIB Rate Reform
The WSIB has introduced dramatic reforms that could change just about everything regarding how the Board classifies employers, assigns annual premiums and measures employer’s performance from year to year. Stakeholder sessions are in progress.
Changing Workplaces Review
This review is considering how the Labour Relations Act, 1995 and Employment Standards Act, 2000 could be amended to best protect workers while supporting businesses in our changing economy. Public consultations are complete and a final report and recommendations are expect in the summer of 2016.
More Information on Employment Legislation Update
Need more information about the changes discussed above?
Employment and Labour Law Amendment Act, Bill 109
Police Record Checks, Bill 113
Ontario Retirement Pension Plan, ORPP, Bill 56
Accessibility for Ontarians with Disabilities Act, AODA
Stronger Workplaces for a Stronger Economy, 2014, Bill 18
New Standards Joint Health and Safety Training
Proposed Legislation – Sexual Violence and Harassment Action Plan Act – Bill 132
