Legislation Updates 2024

• Legislation Updates 2023

As of July 1, 2024, temporary help agencies and recruiters in Ontario are required to hold a license to operate.

For employers, that means they are prohibited from “knowingly engaging or using” the services of these agencies and recruiters unless they hold a licence, which expire annually.

If an employer is found in contravention of the new rules, they could face a penalty of:

• $15,000 for a first contravention

• $25,000 for a second contravention in a three-year period

• $50,000 for a third contravention in a three-year period

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The government of British Columbia has enacted new regulations to improve protections for app-based ride-hail and delivery service workers, reflecting the growing prominence of gig work in the economy.

These regulations, introduced on November 20, 2023, amend the Employment Standards Act and the Workers Compensation Act to extend basic employment standards and workers' compensation coverage to gig workers. The reforms aim to balance flexibility with fair treatment, addressing concerns raised during extensive consultations with workers and stakeholders.

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A new, online reporting tool has been created to support B.C. employers with an efficient way to prepare pay transparency reports.

Pay transparency reports are a requirement under B.C.’s Pay Transparency Act, which passed into law May 11, 2023.

The pay transparency reporting tool allows employers to upload unidentifiable data on employees’ gender and pay, which will then generate an automated report.

By Nov. 1, 2024, all B.C. employers with 1,000 or more employees are required to prepare and post reports about their gender-pay gaps.

The requirement has been introduced in stages to give employers time to prepare.

• Nov. 1, 2023: BC Public Service and the six largest Crown corporations (ICBC, BC Hydro, WorkSafeBC, BC Housing, BC Lottery Corporation and BC Transit)

• Nov. 1, 2024: all employers with 1,000 employees or more

• Nov. 1, 2025: all employers with 300 employees or more

• Nov. 1, 2026: all employers with 50 employees or more

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The House of Commons has voted in favor of Bill C-58, which bans replacement workers during strikes or lockouts in federally regulated workplaces, a move the CFIB claims favors unions and could harm the economy by disrupting essential services. The CFIB urges the Senate to reconsider the bill's potential negative impact on small businesses and the broader economy.

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The federal government announced that it largely supports the recommendations made in the report for transforming Canada’s approach to employment equity. The government’s initial commitments to modernize the EEA include:

• Creating two new designated groups under the EEA: Black people and 2SLGBTQI+ people;
• Replacing the term “Aboriginal Peoples” with “Indigenous Peoples,” and updating the definition to include First Nations, Métis and Inuit and to ensure it is consistent with the United Nations Declaration on the Rights of Indigenous Peoples Act;
• Replacing the term “members of visible minorities” with “racialized people” and updating the corresponding definition; and
• Aligning the definition of “persons with disabilities” with the Accessible Canada Act to make it more inclusive.

If you are interested in participating, your feedback must be provided through the consultation paper. You can request a copy of the consultation paper by email at edsc.lee-eea.esdc@labour-travail.gc.ca. Those who are invited to a virtual roundtable session may provide additional feedback at the session held by the government.

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The Treasury Board of Canada Secretariat has updated its policy on remote work, mandating public servants to spend three days a week in the office by mid-September, with executives expected to be on-site four days. The directive applies to all core public administration staff, aiming for full implementation by September 9, 2024.

Exceptions are outlined for certain circumstances, with monitoring mechanisms in place, and disciplinary actions for non-compliance include discussions, telework agreements, and termination as a last resort. The decision was made without prior productivity or collaboration studies but followed surveys on hybrid work, revealing challenges in transitioning to the new model.

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The Government of Ontario announced proposed legislation to amend the Employment Standards Act, 2000, aiming to increase fines for ESA violations and impose new obligations on employers during recruitment. Proposed changes include doubling fines for individual violations to $100,000, with higher penalties for repeat offenders.

Additionally, large employers would be required to disclose job vacancies in ads and respond to interviewed applicants to prevent "ghosting." The government plans to consult on the proposed changes, including their application to different business sizes and efficient applicant response methods.

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The Ontario government is proposing changes to the Employment Standards Act, 2000, which would limit employers from requiring medical notes for unpaid sick leave.

Currently, employees are entitled to up to three days of unpaid sick leave per year, with employers able to request reasonable evidence. The proposed changes aim to prohibit employers from requiring sick notes, although other forms of evidence may still be necessary.

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Ontario's Bill 149, the Working for Workers Four Act, 2024, has been granted royal assent, introducing amendments to key workplace legislation. The amendments affect statutes such as the Employment Standards Act, 2000, and include provisions related to trial periods, wage deductions, tips, vacation pay, and job postings.

Notably, the new rules mandate disclosure of expected compensation and the use of artificial intelligence in job postings, prompting Ontario employers to reconsider recruitment strategies and documentation practices. While these changes aim to enhance transparency and protect workers' rights, they may also raise complex considerations regarding compensation disclosure, AI usage, and recruitment practices.

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Ontario grapples with the financial aftermath of the Court of Appeal for Ontario ruling Bill 124 unconstitutional, with over $6 billion already paid out to broader public sector workers for retroactive salary increases.

The province's wage restraint legislation, which capped salary hikes at one percent annually for three years, faced legal challenges from unions with "reopener clauses" in their contracts, resulting in substantial compensation awards. Premier Doug Ford acknowledges the hefty payout figure, citing the need to adapt to changing economic conditions and support frontline workers, despite criticism from opposition parties.

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The Government of Canada's Action Plan allocates nearly $50 million to enhance career development programs and mental health support for Black public servants.

Key initiatives include bolstering the Employee Assistance Program with culturally competent mental health services, launching an executive leadership program for Black leaders, and expanding career and leadership development services specifically tailored for Black public servants.

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The Government of Canada has launched Equi'Vision, a new website aimed at increasing transparency regarding workforce representation and pay gaps for women, visible minorities, people with disabilities, and Indigenous Peoples in federally regulated private sector employers.

Users can compare data across different sectors and locations, empowering employees to make informed decisions about workplace equity.

While the data highlights disparities, there is recognition of the need for increased representation and efforts to address systemic issues contributing to inequity in Canadian society, including education gaps for under-represented groups.

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Canada enacts the International Labour Organization’s Convention 190 (C190) on Workplace Harassment and Violence, marking a significant milestone in safeguarding Canadian workers.

The treaty mandates protections against harassment and violence in all workplace settings, emphasizing the importance of respect and dignity.

With requirements for governments to implement laws and policies ensuring workplace safety, C190 signals a proactive step towards fostering healthy work environments nationwide.

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The CRA has implemented a new administrative policy effective January 1, 2024, regarding the determination of the province or territory of employment (POE) for payroll deduction purposes of remote workers under full-time remote work agreements.

The policy, known as Equi'Vision, aims to ensure proper deductions for income tax, Canada Pension Plan (CPP) or Quebec Pension Plan (QPP), Employment Insurance (EI), and Quebec Parental Insurance Plan (QPIP) are made. 

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The United Food and Commercial Workers released the report, The Status of Migrant Agricultural Workers in Canada 2023: Special Health and Safety Report, on Monday.

More than 70,000 migrant workers were employed in Canada's agriculture and agri-food sectors in 2022, many of whom continue to endure unsafe work and the threat of repatriation should they become injured on the job.

The report makes 12 recommendations, including giving foreign workers access to collective bargaining, reducing pesticide use on farms, setting minimum standards for housing, language training for workers, and improving safety training.

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Introduced as part of the B.C. government’s Bill 41, effective January 1, 2024, employers and workers have a legal duty to cooperate in timely and safe return to work, and certain employers are required to maintain employment with their injured workers in specific circumstances.

For more information on Bill 41, see:

• Workers: Duty to cooperate and duty to maintain employment
• Employers: Duty to cooperate and duty to maintain employment

For return-to-work information and resources, see:

• Return-to-work information for workers
• Return-to-work information for employers

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