Effective Date Of New Employment Standards Code Changes

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.