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Hit Rewind: Ford Government

Reverses Bill 148 Changes
to Ontario Employment Laws

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On October 23, 2018 the Ford government presented

Bill 47, the Making Ontario Open for Business Act. Bill
47 is set to repeal a large portion of Bill 148, the
Fair Workplaces, Better Jobs Act, which was passed
into law by the previous provincial government just 11
months ago.
The following article highlights some of the changes
set out in Bill 47. If you are looking for advice on how
the changes in Bill 47 may specifically apply to you or
your business, however, please
contact our firm directly.

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As it currently stands, Bill 47 will modify the existing Employment

Standards Act, 2000 (“ESA”) in the following ways:

Minimum wage: Minimum wage will remain at $14.00/hour until

at least October 2020, with the proposed increase to $15.00 as of
January 1, 2019 being scrapped. Instead, any future increases will
be tied to inflation.
Personal emergency leave: This is a major modification where the
current personal emergency leave provisions (which included 2
paid days) will be repealed. In its place will be three new types of
unpaid leave - up to three days for personal illness, two days for
bereavement and three days for family responsibilities.

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Equal work for equal pay: Employers will no longer be required to pay
part-time and casual staff the same rate as full-time workers doing the
same work. The requirement for equal pay on the basis of sex, however,
shall remain in effect.
Medical notes: Employers will be allowed to request a medical note from
a qualified health practitioner to establish an employee’s entitlement to
the new three-day sick leave entitlement.
Public holiday pay: The formula for working out public holiday pay will
be returned to the pre-Bill 148 pay formula.

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“Three-hour rule”: as of January 1, 2019, employees who regularly work

more than three hours per day, and are required to report to work but
then work less than three hours that day (despite being available to work
longer), must be paid the greater of:
3 hours’ pay at the employee’s regular rate; or
The sum of the amount that the employee earned while working plus the
remaining time calculated at the employee’s regular rate.
Independent contractor vs. employee: The reverse onus established by
Bill 148 for employers to prove, when challenged, that an individual is an
employee rather than an independent contractor will no longer apply.
Fines: The maximum financial penalty for a violation of the ESA will be
reduced from $350/$700/$1500 to $250/$500/$1000 respectively.

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In addition, Bill 47 will also make the following amendments to the

Labour Relations Act:

Card-based certification: Card-based certification for workers in home

care, building services, and temporary help agencies will be repealed.
Workers in these industries will instead be entitled to vote via secret
ballot.
Remedial certification: Bill 47 will reinstate the pre-Bill 148 test and
preconditions for remedial certification as a remedy for employer
misconduct.

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Employee Lists: Employers will no longer be required to provide an

employee list to unions who are able to establish 20% support for a
proposed bargaining unit among relevant workers.
Bargaining unit structure: The Ontario Labour Relations Board (“OLRB”)
will no longer have the authority to review and consolidate newly-
certified bargaining units with existing bargaining units. Rather, the OLRB
will have the power to review the structure of bargaining units when the
existing bargaining unit is no longer appropriate.

While Bill 47 has yet to come into force, it is likely to receive Royal Assent
and be in effect as of January 1, 2019 (assuming no delays in the
legislative process).

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Thank You

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