Changes in payroll laws and regulations from across Canada
British Columbia
ESA amendments focus on leaves
The province’s legislature recently passed amendments that will add new job-protected leaves and enhance existing leaves under B.C.’s Employment Standards Act.
The changes are included in Bill 6, the Employment Standards Amendment Act, 2018, which passed third reading on April 12. The amendments will take effect once the bill receives royal assent.
Once in force, the amendments will allow employees to take up to 52 weeks off work, without pay, if their child disappears as a result of a probable crime. They will also allow employees to take up to 104 weeks off work, without pay, if their child dies under any circumstances. A child is someone under 19 years of age.
Employees taking either leave will have to take it in one continuous period, unless their employer allows them to take it in separate periods. The same employer prohibitions and reinstatement provisions that apply for other leaves under the act will apply.
The amendments will also extend the length of parental leave. For birth mothers, this will mean that the leave will increase from 35 weeks to 61 weeks. The length of parental leave for partners, non-birth parents, and adopting parents will rise from 37 weeks to 62 weeks.
The period within which employees who are partners, non-birth parents, and adopting parents may take parental leave will increase from 52 weeks after the child is born or placed with the employee to 78 weeks afterwards.
The period within which employees may begin pregnancy leave will expand from 11 weeks before the estimated due date to 13 weeks. The amendments will also allow employees who request a pregnancy leave after giving birth to take up to 17 consecutive weeks of leave, up from six weeks.
The length of compassionate care leave will rise from eight weeks to 27 weeks. The period within which employees may take the leave will increase from 26 weeks to 52 weeks.
The amendments will align British Columbia’s employment standards for pregnancy, parental, and compassionate care leave with federal employment insurance (EI) benefit rules. EI changes enhancing maternity and parental benefits came into force on Dec. 3, 2017.
EI changes enhancing compassionate care benefits took effect Jan. 3, 2016.
The bill includes transitional rules to enable the amendments affecting pregnancy and parental leave to apply to employees currently on those leaves, to those who have requested a leave, but not yet taken it, and to those who may be planning to take a leave when the amendments come into force. Similar transitional rules will apply for compassionate care leave.
Regulations updated for Family Day
The B.C. government has updated regulations under the Family Day Act to officially change the date of its Family Day statutory holiday from the second Monday in February to the third one.
Premier John Horgan announced earlier this year that beginning in 2019, the provincial government would change the date of the holiday to align it with similar holidays in other parts of Canada and the United States.
In 2019, Family Day will fall on Feb. 18.
Nova Scotia
Domestic violence leave amendments receive royal assent
Recently passed amendments to the province’s Labour Standards Code will allow employees who are victims of domestic violence or whose child is a victim to take a job-protected leave of absence.
Bill 107, the Labour Standards Code (amended), received royal assent on April 18, but as of early May, the government had not yet brought the legislation into effect.
Once in force, the amendments will provide for an unpaid leave of up to 16 continuous weeks and 10 intermittent or continuous days.
The leave will apply to employees with at least three months of service. Employees will be allowed to take the leave to seek medical attention, obtain victim services support, obtain counselling, relocate, and seek legal assistance.
Other amendments will require employers to keep information about all employee leaves permitted confidential.
Employers will be prohibited from disclosing information about a leave unless they have the employee’s written consent, or the disclosure is to employees or agents who need the information to do their job, or it is required by law.
Retail stores to close July 1
The Nova Scotia government has updated its regulations to specify that beginning this year, July 1 will always be treated as Canada Day, even when it falls on a Sunday.
The change means that retail stores required to shut for Canada Day will have to close on July 1 this year and that holiday pay rules will apply on that day.
Previously, when July 1 fell on a Sunday, the government required stores to close and applied holiday pay rules on July 2.
“We understand there was some confusion around when stores should close when Canada Day falls on a Sunday,” said Labour and Advanced Education Minister Labi Kousoulis. “The changes to regulations clarify that retail stores required to close, will do so on the Sunday, July 1, and the holiday pay rules will apply on that day.”
Ontario
Pay transparency bill passes
The provincial legislature has passed a bill that would require employers to track, report, and publish information about employee compensation.
Bill 3, the Pay Transparency Act, 2018, received third reading on April 26.
Once in force, it would oblige employers with at least 100 employees and other prescribed employers to submit annual reports to the government on their workforce composition and differences in the compensation they pay to their workers based on gender and other prescribed characteristics.
The bill proposes that employers with at least 250 employees submit their first report by May 15, 2020. Employers with 100 to 249 employees would have until May 15, 2021. Employers would also have to post the report online or in at least one conspicuous place in all of their workplaces.
The legislation, which is slated to take effect in January, does not specify which diversity characteristics employers would have to report on. The government has said it would provide more details after it holds consultations.
The bill would also require employers to include information about expected compensation rates or ranges in all job postings they publicly advertise. It would also prohibit employers from asking job applicants about their past compensation.
Minimum pay rates for government contracts proposed
The Ontario government has tabled legislation that would require employers with government contracts in construction, building cleaning, and security to pay their employees at least a specified minimum wage rate.
Labour Minister Kevin Flynn introduced Bill 53, the Government Contract Wages Act, 2018, in the provincial legislature on April 17. The bill would give the government the authority to establish minimum government contract wages for building cleaning and security jobs in buildings that government entities own and occupy or lease, and for construction work provided under contracts with government entities.
The government said it would consult with partners and stakeholders when developing minimum wage schedules.
The bill would also require employers subject to the legislation to record the dates and times that employees work, the applicable minimum government contract wages payable to them, and information about subcontracting.
The bill would also require employers to post information about minimum government contract wages in a conspicuous location in their workplace where employees and subcontractors affected by the wage requirements would likely see it. The information to be posted would be prescribed in regulations.
