Legislative Updates
Below you will find revisions and amendments to laws related to discrimination in the workplace which may affect your legal journey.
On October 25, 2021, the Ontario government introduced Bill 27, Working for Workers Act, 2021 ("Bill 27"). Bill 27 proposes numerous amendments to the Employment Standards Act, 2000 ("ESA"), the Workplace Safety and Insurance Act, 1997 ("WSIA"), the Occupational Health and Safety Act ("OHSA"), and other employment-related legislation. (November 30, 2021)
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Summary: On October 25th, the Ontario government introduced legislative changes that will directly impact employees and employers.
Why this Matters: One of the biggest developments under this Act is the new “right to disconnect” which requires employers with 25 or more employees to develop a written policy addressing employees’ ability to disconnect from work. The Working for Workers Act defines “disconnecting from work” as not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.
Conclusion: Current Status - Passed
Source: https://news.ontario.ca/en/backgrounder/1001032/working-for-workers-act-2021
On October 25, 2021, the Ontario government introduced Bill 27, Working for Workers Act, 2021 ("Bill 27"). Bill 27 proposes numerous amendments to the Employment Standards Act, 2000 ("ESA"), the Workplace Safety and Insurance Act, 1997 ("WSIA"), the Occupational Health and Safety Act ("OHSA"), and other employment-related legislation. (October 6, 2021)
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Summary: The Ontario government introduced legislative changes today that would, if passed, create significant new employer obligations and rights for workers in Ontario.
Why this Matters: On October 25, the government introduced Bill 27 - the Working for Workers Act, 2021 that would, if passed:
Require employers with 25 or more employees to have a written policy about employees disconnecting from their job at the end of the workday to help employees spend more time with their families. Learn more.
Ban the use of non-compete agreements that prevent people from exploring other work opportunities in order to make it easier for workers to advance in their careers. Learn more.
Help remove barriers, such as Canadian experience requirements, for internationally trained individuals to get licenced in a regulated profession and get access to jobs that match their qualifications and skills. Learn more.
Require recruiters and temporary help agencies to have a licence to operate in the province to help protect vulnerable employees from being exploited. Learn more.
Require business owners to allow delivery workers to use a company’s washroom if they are delivering or picking up items. This supports the delivery drivers, couriers and truck drivers who have kept our essential supplies and economy going throughout the pandemic. Learn more.
Allow surpluses in the Workplace Safety and Insurance Board’s Insurance Fund to be distributed over certain levels to businesses, helping them cope with the impacts of COVID-19. Learn more.
Enable the Workplace Safety and Insurance Board to work with entities, like the Canada Revenue Agency, to streamline remittances for businesses, enabling a way to give them an efficient one-stop-shop for submitting premiums and payroll deductions. Learn more.
Allow the Ministry of Agriculture, Food and Rural Affairs to collect information related to the agri-food workforce to ensure the government can enhance the coordination of services such as vaccination and testing, and respond to issues that may arise.
Conclusion: Current Status - First Reading Carried
Source: https://news.ontario.ca/en/backgrounder/1001032/working-for-workers-act-2021
The Federal Pay Equity Act is coming into force (becomes law) on August 31, 2021. The Act will require federally regulated employers, including Federal Crown corporations, banks and railways, to create a workplace pay equity act within three years of becoming subject to the Act. The Act requires federally regulated employees to receive equal pay for work of equal value. (Jul 8, 2021)
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Summary: The Federal Pay Equity Act is coming into force (becomes law) on August 31, 2021. The Act will require federally regulated employers, including Federal Crown corporations, banks and railways, to create a workplace pay equity act within three years of becoming subject to the Act. The Act requires federally regulated employees to receive equal pay for work of equal value.
Why This Matters: This Act hopes to bridge the gender gap in the workplace by ensuring that people who perform jobs that are coded as “female jobs” are not paid less than people who perform jobs that are coded as “male jobs”. By focusing on the value of the work performed rather than the actual occupation, we can ensure that jobs that require the same skills and effort are compensated equally. Concentrating on work of equal value rather than on “equal pay for equal work” ensures that historically marginalized groups and jobs are compensated fairly.
Conclusion: This Act is coming into force on August 31, 2021. Employers with 10 or more federally regulated employees will be required to:
Establish a pay equity plan (within three years of becoming subject to the Act) that examines any differences in compensation between positions of equal value that are mostly held by women and those mostly held by men;
Eliminate differences in compensation identified in the plan (within three to five years depending on the size of the employer and the total amount of the wage adjustments due); and
Revise and update the pay equity plan at a minimum of every five years to ensure that no gaps have been reintroduced and to close them if they have
On April 29, 2021, Ontario’s Covid-19 Worker Income Benefit came into effect and the Employment Standards Act, 2000 (ESA) was amended. Employers are now required to provide eligible employees with up to three days of paid infectious disease emergency leave because of certain reasons related to COVID-19. Eligible employers must also make their application for reimbursement to the Workplace Safety and Insurance Board within 120 days of the date the employer paid the employee. (May 6, 2021)
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Summary: On April 29, 2021, Ontario’s Covid-19 Worker Income Benefit came into effect and the Employment Standards Act, 2000 (ESA) was amended. Employers are now required to provide eligible employees with up to three days of paid infectious disease emergency leave because of certain reasons related to COVID-19.
Eligible employers must also make their application for reimbursement to the Workplace Safety and Insurance Board within 120 days of the date the employer paid the employee (click here to learn more).
Why This Matters: Paid sick days are a racial, economic, disability and gender justice issue that disproportionately impacts Black folks. According to Decent Work and Health, “over 80% of COVID-19 cases in Canada have been linked to long-term care, where workers are primarily racialized women [femmes and gender diverse folks] earning low wages in precarious jobs.” Moreover, “women [femmes and gender diverse folks] not only disproportionately provide unpaid care work, but are more likely to report losing wages to care for others when they fall ill”. Additionally, “workers with disabilities are over-represented in precarious occupations, face added expenses generally, and suffer more harm from the scarcity of paid sick days”. Accordingly, the modest addition of three paid sick days could be a matter of life or death for some. (click here to learn more)
Conclusion: Employees who take sick leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, employers cannot threaten, fire or penalize in any way an employee who takes or plans on taking a sick leave. See “Rights for employees taking pregnancy and parental leaves” in the “Pregnancy and parental leave” chapter of this guide.
The Bill, the Support Workers Pay Act, 2021, will increase the amount support workers will be compensated for work performed. The Act also requires those who employ support workers to provide travel payments for each kilometer traveled between worksites. The Act also details responsibilities for the Minister of Long-Term Care, specifically the Minister will develop training, education and professional development programs for support workers and long-term care staff. Support workers will be paid for their participation in these programs. The Act also establishes the Support Worker Wage Review Commission. (Apr 14, 2021)
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Summary: The Bill, the Support Workers Pay Act, 2021, will increase the amount support workers will be compensated for work performed. The Act also requires those who employ support workers to provide travel payments for each kilometer traveled between worksites. The Act also details responsibilities for the Minister of Long-Term Care, specifically the Minister will develop training, education and professional development programs for support workers and long-term care staff. Support workers will be paid for their participation in these programs. The Act also establishes the Support Worker Wage Review Commission. (Source: Bill 266, Support Workers Pay Act, 2021)
Why This Matters:
Support workers are predominately Black and/or racialized. Furthermore, support workers are predominately women and/or queer. If this Bill becomes law, this would be a step forward in ensuring people who work in this space are adequately compensated for their work.
Conclusion: Lost on vote at the second reading. This means that this bill will not become law.