Today, two bills were introduced in the Ontario legislature. Both have the potential to significantly impact Ontario employers if they become law.
Bill 146
Bill 146, known as the Stronger Workplaces for a Stronger Economy Act, was introduced by the Ontario government. It seeks to amend a number of employment laws, including the Employment Standards Act (the "ESA"), the Workplace Safety and Insurance Act (the "WSIA"), the Occupational Health and Safety Act (the "OHSA"), the Labour Relations Act (the "LRA") and the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others) (the "EPFNA"). Bill 146 contains the following significant proposals:
- Removing the $10,000 cap in the ESA in respect of a claim or unpaid wages.
- Increasing the limitation period in the ESA for a claim of unpaid wages to two years from the prior six months (for unpaid wages) and twelve months (for unpaid vacation pay).
- Requiring employers to provide a French and English handout containing information about rights under the ESA and, if requested, to provide the handout in one of 23 other languages prepared by the Ministry of Labour.
- Extending the EPFNA protections to all employees who come to Ontario under an immigration or temporary foreign employee program.
- Making temporary help agencies and their clients "jointly and severally liable" for unpaid wages under the ESA.
- Amending the WSIA to require the Workplace Safety and Insurance Board to assign workplace injury costs to temporary help agency clients instead of to the temporary help agencies, when an employee is injured at work.
- Extending coverage under the OHSA to co-op students, trainees and other unpaid learners.
- Decreasing the construction industry's open period to two months from three months in the LRA
- Certain of these proposals, namely the removal of the $10,000 cap under the ESA, are significant for employers. The Ontario government's backgrounder document can be found here.
Bill 147
Bill 147, known as "An Act to amend the Human Rights Code with respect to the awarding of costs of proceedings," was introduced by the opposition Progressive Conservative party. It seeks to amend the Ontario Human Rights Code to grant the Tribunal the power to award legal costs against an unsuccessful party in a matter before the Tribunal. The potential implications of Bill 147 are enormous given that, currently, employers bear their own legal costs even in successfully defending a claim at the Tribunal. Whether the Tribunal would be motivated to order legal costs against a self-represented applicant, an applicant with limited means or an applicant with pro bono legal representation, remains to be seen.
We are keeping an eye on both Bills 146 and 147 as they progress through the legislature. Be on the lookout for future e-Lerts with updates on these key pieces of legislation and how they will impact your business.
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