Bill 148, Fair Workplaces, Better Jobs Act, 2017

Flynn, Hon. Kevin Daniel Minister of Labour

Versions

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 148 and does not form part of the law.
Bill 148 has been enacted as Chapter 22 of the Statutes of Ontario, 2017.

SCHEDULE 1
employment standards act, 2000

The Schedule makes various amendments to the Employment Standards Act, 2000.

The Act is amended to bind the Crown, subject to an exception in section 4 of the Act (Separate persons treated as one employer).

New section 5.1 prohibits employers from treating, for the purposes of the Act, a person who is their employee as if the person were not an employee under the Act.

New Part VII.1 (Requests for Changes to Schedule or Work Location) adds an ability for employees to request changes to their schedule or work location. Employers who receive these requests must discuss them with the employee and either grant them or provide reasons for a denial.

New Part VII.2 (Scheduling) sets out new scheduling provisions. These include a minimum of three hours' pay for shifts that are under three hours, minimum pay for being on call, a right to refuse requests or demands to work on a day that an employee is not scheduled to work with insufficient notice and entitlement to pay for three hours of work in the event of cancellation with insufficient notice. The existing power to make regulations requiring employers to pay a minimum prescribed amount to employees who work fewer than three hours in a day is repealed.

Part VIII (Overtime Pay) is amended to establish a rule for overtime pay for employees who have two or more regular rates for work performed for the same employer.

Section 23.1 (Determination of minimum wage) is amended to increase the minimum wage on January 1, 2018. The minimum wage increases again on January 1, 2019 and is subject to an annual inflation adjustment on October 1 of every year starting in 2019. The minimum wage for employees who serve liquor now applies only if the employee also regularly receives tips or other gratuities from their work.

Part X (Public Holidays) is amended. The rules for the calculation of public holiday pay under section 24 are amended to be based on the number of days actually worked in the pay period immediately preceding the public holiday. Sections 27, 28, 29 and 30 are amended to require an employer to provide an employee with a written statement that sets out certain information when a day is substituted for a public holiday.

Part XI (Vacation With Pay) is amended to provide a minimum of three weeks of vacation entitlement to employees whose period of employment is five years or more, beginning after the end of the employee's vacation entitlement year. Related amendments are made throughout the Part.

Part XII (Equal Pay for Equal Work) is amended to add four new provisions. A definition is added that provides that "substantially the same" means "substantially the same but not necessarily identical". The Part is amended to provide for an entitlement for equal pay from an employer regardless of a difference in employment status and an entitlement for equal pay for assignment employees of a temporary help agency who perform substantially the same work as an employee of the temporary help agency's client. Finally, new section 42.3 requires that the Minister cause a review of the new entitlements. Related amendments are made to the reprisal provisions in the Act to prohibit reprisals against employees who make inquiries about rates of pay or who disclose their rate of pay for the purpose of determining or assisting in determining whether an employer is complying with Part XII.

Part XIV (Leaves of Absence) is amended. The entitlement to six weeks pregnancy leave in certain circumstances is increased to 12 weeks. Section 48 is amended to provide that a parental leave may begin no later than 78 weeks after the child is born or comes into the employee's custody, care and control for the first time. The entitlement to parental leave is increased from 35 weeks to 61 weeks for employees who take pregnancy leave, and from 37 weeks to 63 weeks otherwise. The entitlement to family medical leave is increased from up to eight weeks to up to 28 weeks. Currently, an employee may take leave to provide care and support to their critically ill child; new section 49.4 provides that an employee is entitled to take leave to provide care and support to any critically ill family member. New section 49.5 establishes an entitlement to up to 104 weeks of unpaid leave if a child of the employee dies for any reason, instead of the current entitlement to leave only in the event of a crime-related child death. New section 49.6 retains the entitlement to crime-related child disappearance leave but increases the entitlement from up to 52 weeks to up to 104 weeks.

New section 49.7 (Domestic or Sexual Violence Leave) provides that an employee who has been employed by an employer for at least 13 consecutive weeks is entitled to up to 10 days and up to 15 weeks of leave if the employee or a child of the employee experiences domestic or sexual violence or the threat of domestic or sexual violence. The first five days of leave are to be paid. The leave must be taken for any of the purposes listed in the section.

Section 50 (Personal Emergency Leave) is amended to provide personal emergency leave to all employees, not just employees of employers who regularly employ 50 or more employees. In addition, two days of personal emergency leave are now required to be paid days, if the employee has been employed by the employer for one week or longer. The paid days have to be taken before any unpaid days of personal emergency leave in a calendar year. Employers retain the right to require evidence of entitlement to these days but are not permitted to require a certificate from a qualified health practitioner.

Part XVIII.1 (Temporary Help Agencies) is amended to add a new section 74.10.1. This section requires temporary help agencies to provide an assignment employee with one week's written notice or pay in lieu if an assignment that was estimated to last for three months or more is terminated before the end of its estimated term unless another assignment lasting at least one week is offered to the employee.

Subsection 88 (5) (Interest) is amended to allow the Director to calculate rates of interest for amounts owing under different provisions of the Act or the regulations and for money held by the Director in trust.

New sections 88.2 and 88.3 allow the Director to provide recognition of employers that meet prescribed criteria.

The requirement in section 96.1 (Steps required before complaint assigned) for a complainant to take steps specified by the Director before the Director assigns a complaint for investigation is repealed.

Subsection 103 (1) (Order to pay wages) is amended to allow employment standards officers to order employers to pay wages directly to employees. Similar amendments are made to other order-making powers.

Section 113 (Notice of contravention) is amended to provide that the penalties for contraventions shall be determined in accordance with the regulations, which permit the establishment of a penalty range or of different penalties that apply to individuals and to corporations. Employment standards officers are given the discretion to determine a penalty within the range in accordance with the prescribed criteria, if any. New provisions are added to authorize the Director to publish information related to a deemed contravention of the Act following the issuance of a notice of contravention.

New provisions are added to Part XXIV (Collection) to allow the Director to accept security for amounts owing under the Act, issue warrants to collect money pursuant to an order under the Act or register a lien respecting money owed pursuant to an order under the Act. These powers may be delegated to collectors. The Director and the collectors may disclose information to each other for the purpose of collecting an amount payable under the Act.

Related consequential amendments are made to the Employment Protection for Foreign Nationals Act, 2009 and to the Occupational Health and Safety Act.

SCHEDULE 2
LABOUR RELATIONS ACT, 1995

The Schedule makes various amendments to the Labour Relations Act, 1995.

Section 6.1 is added to the Act. Under this section, in certain circumstances, a trade union may apply to the Ontario Labour Relations Board for an order directing an employer to provide the trade union with a list of employees of the employer. The section sets out the process for applying, obtaining and using such a list and establishes the rules to be followed by the Board in determining whether to make an order.

The rules that govern when the Board will certify a trade union where there has been a contravention of the Act by an employer in section 11 of the Act are amended.

Section 15.1 is added to the Act. Under that section, in certain circumstances, the Board may review the structure of bargaining units and make orders in respect of the structure of bargaining units, and the parties may by agreement and with the consent of the Board make changes to the structure of bargaining units.

New section 15.2 provides for an alternate process for the certification of trade unions as the bargaining agents of employees of specified industry employers. The specified industries are the building services industry, the home care and community services industry, and the temporary help agency industry. The trade union may elect to have its application for certification dealt with under section 15.2 (application for certification without a vote) rather than under section 8 (representation vote).

Currently, section 43 provides for first agreement arbitration where parties are unable to effect a first collective agreement. The section is re-enacted to provide for first collective agreement mediation. Section 43.1 is also added to the Act and provides for first collective agreement mediation-arbitration where the first collective agreement mediation under section 43 does not result in the parties entering into a collective agreement.

Sections 69.1 and 69.2 are added to the Act. Those sections set out rules governing how section 69 (successor rights) apply in respect of certain service providers.

Amendments are made to section 80 of the Act, which governs the reinstatement of employees. New provisions provide for the reinstatement of employees at the conclusion of a lawful strike or lock-out and set out the rules that govern reinstatement.

Sections 12.1 and 80.1 are added to the Act. Those sections provide that, during certain bargaining periods, an employer may not discharge or discipline an employee in an affected bargaining unit without just cause.

Section 98, which governs the powers of the Board to make interim orders, is amended.

Technical and consequential amendments are also made.

SCHEDULE 3
Occupational Health and Safety Act

A new section is added to the Occupational Health and Safety Act that provides that an employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely. An exception from this prohibition is made for employers of performers in the entertainment and advertising industry.

Bill 148 2017

An Act to amend the Employment Standards Act, 2000, the Labour Relations Act, 1995 and the Occupational Health and Safety Act and to make related amendments to other Acts

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short title
Schedule 1	Employment Standards Act, 2000
Schedule 2	Labour Relations Act, 1995
Schedule 3	Occupational Health and Safety Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Fair Workplaces, Better Jobs Act, 2017.

SCHEDULE 1
employment standards act, 2000

1 (1) Subsection 1 (1) of the Employment Standards Act, 2000 is amended by adding the following definitions:

"assignment employee" means an employee employed by a temporary help agency for the purpose of being assigned to perform work on a temporary basis for clients of the agency; ("employé ponctuel")

"client", in relation to a temporary help agency, means a person or entity that enters into an arrangement with the agency under which the agency agrees to assign or attempt to assign one or more of its assignment employees to perform work for the person or entity on a temporary basis; ("client")

(2) Subsection 1 (1) of the Act is amended by adding the following definition:

"difference in employment status", in respect of one or more employees, means,

(a) a difference in the number of hours regularly worked by the employees; or

(b) a difference in the term of their employment, including a difference in permanent, temporary, seasonal or casual status; ("situation d'emploi différente")

(3) Subsection 1 (1) of the Act is amended by adding the following definition:

"domestic or sexual violence leave pay" means pay for any paid days of leave taken under section 49.7; ("indemnité de congé en cas de violence familiale ou sexuelle")

(4) Clause (c) of the definition of "employee" in subsection 1 (1) of the Act is repealed and the following substituted:

(c) a person who receives training from a person who is an employer, if the skill in which the person is being trained is a skill used by the employer's employees, or

(5) Subsection 1 (1) of the Act is amended by adding the following definition:

"personal emergency leave pay" means pay for any paid days of leave taken under section 50; ("indemnité de congé d'urgence personnelle")

(6) The definition of "public holiday" in subsection 1 (1) of the Act is amended by adding the following paragraph:

1.1 Family Day, being the third Monday in February.

(7) The definition of "regular wages" in subsection 1 (1) of the Act is repealed and the following substituted:

"regular wages" means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employee's contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, section 50, Part XV or section 74.10.1; ("salaire normal")

(8) The definition of "stub period" in subsection 1 (1) of the Act is amended by striking out "that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force" in the portion before clause (a).

(9) Subsection 1 (1) of the Act is amended by adding the following definitions:

"temporary help agency" means an employer that employs persons for the purpose of assigning them to perform work on a temporary basis for clients of the employer; ("agence de placement temporaire")

"termination of assignment pay" means pay provided to an assignment employee when the employee's assignment is terminated before the end of its estimated term under section 74.10.1; ("indemnité de fin d'affectation")

"tip or other gratuity" means,

(a) a payment voluntarily made to or left for an employee by a customer of the employee's employer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be kept by the employee or shared by the employee with other employees,

(b) a payment voluntarily made to an employer by a customer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees,

(c) a payment of a service charge or similar charge imposed by an employer on a customer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, and

(d) such other payments as may be prescribed,

but does not include,

(e) such payments as may be prescribed, and

(f) such charges as may be prescribed relating to the method of payment used, or a prescribed portion of those charges; ("pourboire ou autre gratification")

(10) Clause (d) of the definition of "wages" in subsection 1 (1) of the Act is repealed and the following substituted:

(d) tips or other gratuities,

(11) Subsection 1 (2) of the Act is repealed and the following substituted:

Assignment to perform work includes training

(2) For greater certainty, being assigned to perform work for a client of a temporary help agency includes being assigned to the client to receive training for the purpose of performing work for the client.

(12) Section 1 of the Act is amended by adding the following subsection:

Electronic form

(3.1) The requirement in subsection (3) for an agreement to be in writing is satisfied if the agreement is in electronic form.

2 (1) Subsection 3 (4) of the Act is repealed.

(2) Subsection 3 (5) of the Act is amended by adding the following paragraph:

2.1 An individual who performs work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005 and that meets such criteria as may be prescribed.

(3) Paragraph 6 of subsection 3 (5) of the Act is repealed.

3 The Act is amended by adding the following section:

Crown bound

3.1 This Act binds the Crown.

4 (1) Subsection 4 (1) of the Act is repealed and the following substituted:

Separate persons treated as one employer

(1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an employer and one or more other persons.

(2) Section 4 of the Act is amended by adding the following subsection:

Exception, Crown

(4.1) Subsection (2) does not apply to the Crown, a Crown agency or an authority, board, commission or corporation all of whose members are appointed by the Crown.

5 The Act is amended by adding the following section:

No treating as if not employee

5.1 (1) An employer shall not treat, for the purposes of this Act, a person who is an employee of the employer as if the person were not an employee under this Act.

Onus of proof

(2) Subject to subsection 122 (4), if, during the course of an employment standards officer's investigation or inspection or in any proceeding under this Act, other than a prosecution, an employer or alleged employer claims that a person is not an employee, the burden of proof that the person is not an employee lies upon the employer or alleged employer.

6 Subsection 11 (2) of the Act is repealed and the following substituted:

Method of payment

(2) An employer shall pay an employee's wages,

(a) by cash;

(b) by cheque payable only to the employee;

(d) by any other prescribed method of payment.

7 Section 14.1 of the Act is repealed.

8 (1) Subsection 15 (1) of the Act is amended by adding the following paragraphs:

3.1 The dates and times that the employee worked.

3.2 If the employee has two or more regular rates of pay for work performed for the employer and, in a work week, the employee performed work for the employer in excess of the overtime threshold, the dates and times that the employee worked in excess of the overtime threshold at each rate of pay.

(2) Subsection 15 (1) of the Act is amended by adding the following paragraphs:

3.3 The dates and times that the employee was scheduled to work or to be on call for work, and any changes made to the on call schedule.

3.4 Any cancellations of a scheduled day of work or scheduled on call period of the employee, as described in subsection 21.6 (2), and the date and time of the cancellation.

(3) Paragraph 5 of subsection 15 (1) of the Act is amended by striking out "section 12.1" and substituting "section 12.1, subsections 27 (2.1), 28 (2.1), 29 (1.1) and 30 (2.1)".

(4) Subsection 15 (3) of the Act is amended by striking out "paragraph 4" in the portion before clause (a) and substituting "paragraph 3.1 or 4".

(5) Paragraph 3 of subsection 15 (5) of the Act is amended by striking out "paragraph 4" and substituting "paragraph 3.1, 3.2 or 4".

(6) Paragraph 3 of subsection 15 (5) of the Act, as amended by subsection (5), is amended by striking out "paragraph 3.1, 3.2 or 4"and substituting "paragraph 3.1, 3.2, 3.3, 3.4 or 4".

(7) Subsection 15 (7) of the Act is amended by striking out "critically ill child care leave" and substituting "critical illness leave".

(8) Subsection 15 (7) of the Act is amended by striking out "crime-related child death or disappearance leave" and substituting "child death leave, crime-related child disappearance leave, domestic or sexual violence leave".

9 (1) Subsection 15.1 (2) of the Act is amended by adding the following paragraph:

4.1 The amount of vacation pay that the employee earned during the vacation entitlement year and how that amount was calculated.

(2) Subsection 15.1 (3) of the Act is amended,

(a) by striking out "for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force" in the portion before paragraph 1 and substituting "an alternative vacation entitlement year for an employee"; and

(b) by adding the following paragraph:

3.1 The amount of vacation pay that the employee earned during the stub period and how that amount was calculated.

(3) Subsection 15.1 (5) of the Act is amended by striking out "three years" and substituting "five years".

(4) Subsection 15.1 (7) of the Act is repealed and the following substituted:

Transition

(7) Subsections 15.1 (2) and (3), as they read immediately before the day section 9 of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force, continue to apply with respect to vacation entitlement years and stub periods that began before that day.

10 The French version of subsection 18 (2) of the Act is amended by striking out "sur demande" and substituting "sur appel".

11 The Act is amended by adding the following Part:

Part VII.1
Requests for Changes to Schedule or Work Location

Request for changes to schedule or work location

21.2 (1) An employee who has been employed by his or her employer for at least three months may submit a request, in writing, to the employer requesting changes to the employee's schedule or work location.

Receipt of request

(2) An employer who receives a request under subsection (1) shall,

(a) discuss the request with the employee; and

(b) notify the employee of the employer's decision within a reasonable time after receiving it.

Grant of request

(3) If the employer grants the request or any part of it, the notification in clause (2) (b) must specify the date that the changes will take effect and their duration.

Denial of request

(4) If the employer denies the request or any part of it, the notification in clause (2) (b) must include the reasons for the denial.

12 The Act is amended by adding the following Part:

Part VII.2
Scheduling

Three hour rule

21.3 (1) If an employee who regularly works more than three hours a day is required to present himself or herself for work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours, equal to the greater of the following:

1. The sum of,

i. the amount the employee earned for the time worked, and

ii. wages equal to the employee's regular rate for the remainder of the time.

2. Wages equal to the employee's regular rate for three hours of work.

Exception

(2) Subsection (1) does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer's control that result in the stopping of work.

Minimum pay for being on call

21.4 (1) If an employee who is on call to work is not required to work or is required to work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours, equal to the greater of the following:

1. The sum of,

i. the amount the employee earned for the time worked, and

ii. wages equal to the employee's regular rate for the remainder of the time.

2. Wages equal to the employee's regular rate for three hours of work.

Exception

(2) Subsection (1) does not apply if,

(a) the employer required the employee to be on call for the purposes of ensuring the continued delivery of essential public services, regardless of who delivers those services; and

(b) the employee who was on call was not required to work.

Limit

(3) Subsection (1) only requires an employer to pay an employee a minimum of three hours of pay during a twenty-four hour period beginning at the start of the first time during that period that the employee is on call, even if the employee is on call multiple times during those twenty-four hours.

Collective agreement prevails

(4) If a collective agreement that is in effect on January 1, 2019 contains a provision that addresses payment for being on call and there is a conflict between the provision of the collective agreement and this section, the provision of the collective agreement prevails.

Same, limit

(5) Subsection (4) ceases to apply on the earlier of the date the collective agreement expires and January 1, 2020.

Right to refuse

21.5 (1) An employee has the right to refuse an employer's request or demand to work or be on call on a day that they were not scheduled to work or be on call if the request or demand is made less than 96 hours before the time he or she would commence work or commence being on call, as applicable.

Exception

(2) Subsection (1) does not apply if the employer's request or demand to work or be on call is,

(a) to deal with an emergency;

(b) to remedy or reduce a threat to public safety;

(d) made for such other reasons as may be prescribed.

Notice to be provided

(3) An employee who refuses an employer's request or demand to work or be on call under subsection (1) shall notify the employer of the refusal as soon as possible.

Collective agreement prevails

(4) If a collective agreement that is in effect on January 1, 2019 contains a provision that addresses an employee's ability to refuse the employer's request or demand to perform work or be on call on a day the employee is not scheduled to work or be on call and there is a conflict between the provision of the collective agreement and this section, the provision of the collective agreement prevails.

Same, limit

(5) Subsection (4) ceases to apply on the earlier of the date the collective agreement expires and January 1, 2020.

Definition

(6) In this section,

"emergency" means,

(a) a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or

(b) a situation in which a search and rescue operation takes place.

Cancellation

21.6 (1) An employer shall pay an employee wages equal to the employee's regular rate for three hours of work if the employer cancels the employee's scheduled day of work or scheduled on call period within 48 hours before the time the employee was to commence work or commence being on call, as applicable.

Meaning of cancellation

(2) For the purposes of subsection (1), a scheduled day of work or scheduled on call period is cancelled if the entire day of work or on call period is cancelled but not if the day of work or on call period is shortened or extended.

Exception

(3) Subsection (1) does not apply if,

(a) the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer's control that result in the stopping of work;

(b) the nature of the employee's work is weather-dependent and the employer is unable to provide work for the employee for weather-related reasons; or

Collective agreement prevails

(4) If a collective agreement that is in effect on January 1, 2019 contains a provision that addresses payment when the employer cancels the employee's scheduled day of work or on call period and there is a conflict between the provision of the collective agreement and this section, the provision of the collective agreement prevails.

Same, limit

(5) Subsection (4) ceases to apply on the earlier of the date the collective agreement expires and January 1, 2020.

Limit

21.7 An employee's entitlement under this Part in respect of one scheduled day of work or scheduled on call period is limited to payment for three hours.

13 (1) Subsection 22 (1) of the Act is amended by adding "Subject to subsection (1.1)" at the beginning.

(2) Section 22 of the Act is amended by adding the following subsection:

Same, two or more regular rates

(1.1) If an employee has two or more regular rates for work performed for the same employer in a work week,

(a) the employee is entitled to be paid overtime pay for each hour of work performed in the week after the total number of hours performed for the employer reaches the overtime threshold; and

(b) the overtime pay for each hour referred to in clause (a) is one and one-half times the regular rate that applies to the work performed in that hour.

14 The Act is amended by adding the following section:

Change to minimum wage during pay period

23.0.1 If the minimum wage rate applicable to an employee changes during a pay period, the calculations required by subsection 23 (4) shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before the day on which the change takes effect and the second consisting of the part falling on and after the day on which the change takes effect.

15 (1) Subsection 23.1 (1) of the Act is repealed and the following substituted:

Determination of minimum wage

(1) The minimum wage is the following:

1. On or after January 1, 2018 but before January 1, 2019, the amount set out below for the following classes of employees:

i. For employees who are students under 18 years of age, if the student's weekly hours do not exceed 28 hours or if the student is employed during a school holiday, $13.15 per hour.

ii. For employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act and who regularly receive tips or other gratuities from their work, $12.20 per hour.

iii. For the services of hunting and fishing guides, $70.00 for less than five consecutive hours in a day and $140 for five or more hours in a day, whether or not the hours are consecutive.

iv. For employees who are homeworkers, $15.40 per hour.

v. For any other employees not listed in subparagraphs i to iv, $14.00 per hour.

2. On or after January 1, 2019 but before October 1, 2019, the amount set out below for the following classes of employees:

i. For employees who are students under 18 years of age, if the student's weekly hours do not exceed 28 hours or if the student is employed during a school holiday, $14.10 per hour.

iii. For the services of hunting and fishing guides, $75.00 for less than five consecutive hours in a day and $150 for five or more hours in a day, whether or not the hours are consecutive.

iv. For employees who are homeworkers, $16.50 per hour.

v. For any other employees not listed in subparagraphs i to iv, $15.00 per hour.

3. From October 1, 2019 onwards, the amount determined under subsection (4).

Student homeworker

(1.1) If an employee falls within both subparagraphs 1 i and iv of subsection (1) or both subparagraphs 2 i and iv of subsection (1), the employer shall pay the employee not less than the minimum wage for a homeworker.

(2) Subsection 23.1 (2) of the Act is amended by striking out "subparagraph 1 v of subsection (1)" in the portion before clause (a) and substituting "subparagraph 1 v or 2 v of subsection (1)".

(3) Subsection 23.1 (4) of the Act is amended by striking out the portion before the equation and substituting the following:

Annual adjustment

(4) On October 1 of each year starting in 2019, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows:

(4) Subsection 23.1 (7) of the Act is amended by striking out "2014" and substituting "2018".

(5) Subsection 23.1 (8) of the Act is repealed.

(6) Subsection 23.1 (10) of the Act is amended by striking out "2020" and substituting "2024".

16 Subsection 24 (1) of the Act is repealed and the following substituted:

Public holiday pay

(1) An employee's public holiday pay for a given public holiday shall be equal to,

(a) the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period; or

(b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation.

Same, leave or vacation

(1.1) If an employee is on a leave under section 50, on vacation or both for the entire pay period immediately preceding the public holiday, the calculation in clause 24 (1) (a) shall be applied to the pay period before the start of that leave or vacation.

Same, no pay period before public holiday

(1.2) If the employee was not employed during the pay period immediately preceding a public holiday, the employee's public holiday pay for the public holiday shall be equal to the amount of regular wages earned in the pay period that includes the public holiday divided by the number of days the employee worked in that period.

17 Section 27 of the Act is amended by adding the following subsection:

Substitute day of holiday

(2.1) If a day is substituted for a public holiday under clause (2) (a), the employer shall provide the employee with a written statement, before the public holiday, that sets out,

(a) the public holiday on which the employee will work;

(b) the date of the day that is substituted for a public holiday under clause (2) (a); and

18 Section 28 of the Act is amended by adding the following subsection:

Substitute day of holiday

(2.1) If a day is substituted for a public holiday under clause (2) (a), the employer shall provide the employee with a written statement, before the public holiday, that sets out,

(a) the public holiday on which the employee will work;

(b) the date of the day that is substituted for a public holiday under clause (2) (a); and

19 Section 29 of the Act is amended by adding the following subsection:

Substitute day of holiday

(1.1) If a day is substituted for a public holiday under subsection (1), the employer shall provide the employee with a written statement, before the public holiday, that sets out,

(a) the public holiday that is being substituted;

(b) the date of the day that is substituted for a public holiday under subsection (1); and

20 Section 30 of the Act is amended by adding the following subsection:

Substitute day of holiday

(2.1) If a day is substituted for a public holiday under clause (2) (a), the employer shall provide the employee with a written statement, before the public holiday, that sets out,

(a) the public holiday on which the employee will work;

(b) the date of the day that is substituted for a public holiday under clause (2) (a); and

21 Sections 33, 34 and 35 of the Act are repealed and the following substituted:

Right to vacation

33 (1) An employer shall give an employee a vacation of,

(a) at least two weeks after each vacation entitlement year that the employee completes, if the employee's period of employment is less than five years; or

(b) at least three weeks after each vacation entitlement year that the employee completes, if the employee's period of employment is five years or more.

Active and inactive employment

(2) Both active employment and inactive employment shall be included for the purposes of subsection (1).

Where vacation not taken in complete weeks

(3) If an employee does not take vacation in complete weeks, the employer shall base the number of days of vacation that the employee is entitled to,

(a) on the number of days in the employee's regular work week; or

(b) if the employee does not have a regular work week, on the average number of days the employee worked per week during the most recently completed vacation entitlement year.

Transition

(4) Clause (1) (b) requires employers to provide employees with a period of employment of at least five years or more with at least three weeks of vacation after each vacation entitlement year that ends on or after December 31, 2017 but does not require them to provide additional vacation days in respect of vacation entitlement years that ended before that time.

Alternative vacation entitlement year

Application

34 (1) This section applies if the employer establishes an alternative vacation entitlement year for an employee.

Vacation for stub period, less than five years of employment

(2) If the employee's period of employment is less than five years, the employer shall do the following with respect to the stub period:

1. The employer shall calculate the ratio between the stub period and 12 months.

2. If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1.

3. If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to,

2 × A × the ratio calculated under paragraph 1

where,

A = the average number of days the employee worked per work week in the stub period.

Vacation for stub period, five years or more of employment

(3) If the employee's period of employment is five years or more, the employer shall do the following with respect to the stub period:

1. The employer shall calculate the ratio between the stub period and 12 months.

2. If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to three weeks multiplied by the ratio calculated under paragraph 1.

3. If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to,

3 × A × the ratio calculated under paragraph 1

where,

A= the average number of days the employee worked per work week in the stub period.

Active and inactive employment

(4) Both active employment and inactive employment shall be included for the purposes of subsections (2) and (3).

Transition

(5) Subsection (3) requires employers to provide employees with a period of employment of at least five years or more with vacation calculated in accordance with that subsection for any stub period that ends on or after December 31, 2017 but does not require them to provide additional vacation days in respect of a stub period that ended before that time.

Timing of vacation

35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules:

1. The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given.

2. If the employee's period of employment is less than five years, the vacation must be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.

3. If the employee's period of employment is five years or more, the vacation must be a three-week period or a two-week period and a one-week period or three periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.

22 Subsection 35.1 (1) of the Act is repealed and the following substituted:

Timing of vacation, alternative vacation entitlement year

(1) This section applies if an employer establishes an alternative vacation entitlement year for an employee.

23 Section 35.2 of the Act is repealed and the following substituted:

Vacation pay

35.2 An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34, equal to at least,

(a) 4 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee's period of employment is less than five years; or

(b) 6 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee's period of employment is five years or more.

24 Subsection 41.1 (6) of the Act is repealed.

25 Part XII of the Act is amended by adding the following section:

Interpretation

41.2 In this Part,

"substantially the same" means substantially the same but not necessarily identical.

26 (1) Clause 42 (2) (d) of the Act is amended by adding "or employment status" at the end.

(2) The French version of subsection 42 (4) of the Act is amended by striking out "doit faire" and substituting "ne doit faire".

(3) Section 42 of the Act is amended by adding the following subsection:

Written response

(6) An employee who believes that their rate of pay does not comply with subsection (1) may request a review of their rate of pay from the employee's employer, and the employer shall,

(a) adjust the employee's pay accordingly; or

(b) if the employer disagrees with the employee's belief, provide a written response to the employee setting out the reasons for the disagreement.

27 Part XII of the Act is amended by adding the following section:

Difference in employment status

42.1 (1) No employer shall pay an employee at a rate of pay less than the rate paid to another employee of the employer because of a difference in employment status when,

(a) they perform substantially the same kind of work in the same establishment;

(b) their performance requires substantially the same skill, effort and responsibility; and

Exception

(2) Subsection (1) does not apply when the difference in the rate of pay is made on the basis of,

(a) a seniority system;

(b) a merit system;

(d) any other factor other than sex or employment status.

Reduction prohibited

(3) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).

Organizations

(4) No trade union or other organization shall cause or attempt to cause an employer to contravene subsection (1).

Deemed wages

(5) If an employment standards officer finds that an employer has contravened subsection (1), the officer may determine the amount owing to an employee as a result of the contravention and that amount shall be deemed to be unpaid wages for that employee.

Written response

(6) An employee who believes that their rate of pay does not comply with subsection (1) may request a review of their rate of pay from the employee's employer, and the employer shall,

(a) adjust the employee's pay accordingly; or

(b) if the employer disagrees with the employee's belief, provide a written response to the employee setting out the reasons for the disagreement.

Transition, collective agreement

(7) If a collective agreement that is in effect on April 1, 2018 contains a provision that permits differences in pay based on employment status and there is a conflict between the provision of the collective agreement and subsection (1), the provision of the collective agreement prevails.

Same, limit

(8) Subsection (7) ceases to apply on the earlier of the date the collective agreement expires and January 1, 2020.

28 Part XII of the Act is amended by adding the following section:

Difference in assignment employee status

42.2 (1) No temporary help agency shall pay an assignment employee who is assigned to perform work for a client at a rate of pay less than the rate paid to an employee of the client when,

(a) they perform substantially the same kind of work in the same establishment;

(b) their performance requires substantially the same skill, effort and responsibility; and

Exception

(2) Subsection (1) does not apply when the difference in the rate of pay is made on the basis of any factor other than sex, employment status or assignment employee status.

Reduction prohibited

(3) No client of a temporary help agency shall reduce the rate of pay of an employee in order to assist a temporary help agency in complying with subsection (1).

Organizations

(4) No trade union or other organization shall cause or attempt to cause a temporary help agency to contravene subsection (1).

Deemed wages

(5) If an employment standards officer finds that a temporary help agency has contravened subsection (1), the officer may determine the amount owing to an assignment employee as a result of the contravention and that amount shall be deemed to be unpaid wages for that assignment employee.

Written response

(6) An assignment employee who believes that their rate of pay does not comply with subsection (1) may request a review of their rate of pay from the temporary help agency, and the temporary help agency shall,

(a) adjust the assignment employee's pay accordingly; or

(b) if the temporary help agency disagrees with the assignment employee's belief, provide a written response to the assignment employee setting out the reasons for the disagreement.

Transition, collective agreement

(7) If a collective agreement that is in effect on April 1, 2018 contains a provision that permits differences in pay between employees of a client and an assignment employee and there is a conflict between the provision of the collective agreement and subsection (1), the provision of the collective agreement prevails.

Same, limit

(8) Subsection (7) ceases to apply on the earlier of the date the collective agreement expires and January 1, 2020.

29 Part XII of the Act is amended by adding the following section:

Review

42.3 (1) Before April 1, 2021, the Minister shall cause a review of sections 42.1 and 42.2 to be commenced.

Same

(2) The Minister may specify a date by which a review under subsection (1) must be completed.

30 The Act is amended by adding the following section:

Definition

46.1 In section 46,

"legally qualified medical practitioner" means,

(a) a person who is qualified to practice as a physician,

(b) a person who is qualified to practice as a midwife,

(d) in the prescribed circumstances, a member of a prescribed class of medical practitioners. ("médecin dûment qualifié")

31 (1) Subclause 47 (1) (b) (ii) of the Act is amended by striking out "six weeks" and substituting "12 weeks".

(2) Section 47 of the Act is amended by adding the following subsection:

Transition

(1.1) Despite clause (1) (b), if an employee who is not entitled to parental leave began her pregnancy leave before January 1, 2018, her pregnancy leave ends on the day that is the later of,

(a) 17 weeks after the pregnancy leave began; and

(b) six weeks after the birth, still-birth or miscarriage.

32 (1) Subsection 48 (2) of the Act is amended by striking out "52 weeks" and substituting "78 weeks".

(2) Section 48 of the Act is amended by adding the following subsection:

Transition

(2.1) Despite subsection (2), an employee may begin parental leave no later than 52 weeks after the day the child is born or comes into the employee's custody, care and control for the first time if that day was before the day subsection 32 (2) of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force.

33 (1) Subsection 49 (1) of the Act is amended by striking out "35 weeks" and substituting "61 weeks" and by striking out "37 weeks" and substituting "63 weeks".

(2) Section 49 of the Act is amended by adding the following subsection:

Transition

(1.1) Despite subsection (1), if the child in respect of whom the employee takes parental leave was born or came into the employee's custody, care and control for the first time before the day subsection 33 (2) of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force, the employee's parental leave ends,

(a) 35 weeks after it began, if the employee also took pregnancy leave; and

(b) 37 weeks after it began, otherwise.

34 (1) The definition of "qualified health practitioner" in subsection 49.1 (1) of the Act is repealed and the following substituted:

"qualified health practitioner" means,

(a) a person who is qualified to practise as a physician under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3),

(b) a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 or an individual who has an equivalent qualification under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3), or

(c) in the prescribed circumstances, a member of a prescribed class of health practitioners; ("praticien de la santé qualifié")

(2) Subsections 49.1 (2) and (3) of the Act are repealed and the following substituted:

Entitlement to leave

(2) An employee is entitled to a leave of absence without pay of up to 28 weeks to provide care or support to an individual described in subsection (3) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed.

Application of subs. (2)

(3) Subsection (2) applies in respect of the following individuals:

1. The employee's spouse.

2. A parent, step-parent or foster parent of the employee or the employee's spouse.

3. A child, step-child or foster child of the employee or the employee's spouse.

4. A child who is under legal guardianship of the employee or the employee's spouse.

5. A brother, step-brother, sister or step-sister of the employee.

6. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse.

7. A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.

8. A son-in-law or daughter-in-law of the employee or the employee's spouse.

9. An uncle or aunt of the employee or the employee's spouse.

10. A nephew or niece of the employee or the employee's spouse.

11. The spouse of the employee's grandchild, uncle, aunt, nephew or niece.

12. A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.

13. Any individual prescribed as a family member for the purposes of this section.

(3) Subsections 49.1 (5) and (6) of the Act are repealed and the following substituted:

Latest date employee can remain on leave

(5) The employee may not remain on a leave under this section after the earlier of the following dates:

1. The last day of the week in which the individual described in subsection (3) dies.

2. The last day of the 52-week period starting on the first day of the week in which the period referred to in subsection (2) begins.

Same

(5.1) For greater certainty, but subject to subsection (5), if the amount of leave that has been taken is less than 28 weeks it is not necessary for a qualified health practitioner to issue an additional certificate under subsection (2) in order for leave to be taken under this section after the end of the period referred to in subsection (2).

Two or more employees

(6) If two or more employees take leaves under this section in respect of a particular individual, the total of the leaves taken by all the employees shall not exceed 28 weeks during the 52-week period referred to in paragraph 2 of subsection (5) that applies to the first certificate issued for the purpose of this section.

(4) Subsections 49.1 (11) and (12) of the Act are repealed and the following substituted:

Further leave

(11) If an employee takes a leave under this section and the individual referred to in subsection (3) does not die within the 52-week period referred to in paragraph 2 of subsection (5), the employee may, in accordance with this section, take another leave and, for that purpose, the reference in subsection (6) to "the first certificate" shall be deemed to be a reference to the first certificate issued after the end of that period.

Leave under ss. 49.3, 49.4, 49.5, 49.6, 49.7 and 50

(12) An employee's entitlement to leave under this section is in addition to any entitlement to leave under sections 49.3, 49.4, 49.5, 49.6, 49.7 and 50.

Transition

(13) If a certificate described in subsection (2) was issued before January 1, 2018, then this section, as it read immediately before January 1, 2018, applies.

35 (1) Section 49.3 of the Act is amended by adding the following subsection:

Leave deemed to be taken in entire weeks

(7.1) For the purposes of an employee's entitlement under subsection (4), if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave.

(2) Subsection 49.3 (9) of the Act is amended "by striking out "49.5 and 50" and substituting "49.5, 49.6, 49.7 and 50".

36 The heading immediately before section 49.4 and section 49.4 of the Act are repealed and the following substituted:

Critical Illness Leave

Critical illness leave

Definitions

49.4 (1) In this section,

"adult" means an individual who is 18 years or older; ("adulte")

"critically ill", with respect to a minor child or adult, means a minor child or adult whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury; ("gravement malade")

"family member", with respect to an employee, means the following: