Legislative Roundup

Canada

Government proposes changes to Canada Labour Code

The federal government is proposing to make a number of changes to federal labour standards.

The proposals are part of Bill C-63, the Budget Implementation Act, 2017, No. 2, which the government tabled in the House of Commons on Oct. 27.

It proposes the following changes, among others, to Part III of the Canada Labour Code:

•Employees would be allowed to take time off in lieu of overtime pay if they requested it. The time off would be taken at least 1.5 hours for each hour of overtime worked.

•Employers would have to give employees at least 24 hours of advance written notice to make shift changes or add another shift. Exceptions would apply in emergencies.

•Employees employed by their employer for at least three consecutive months of continuous employment would be allowed to take up to three days off work each year for family responsibility leave.

•Employees who are victims of family violence or who are the parent of a child under 18 who suffers family violence would be allowed to take up to 10 days off work each year to seek medical attention; obtain support services or counselling; temporarily or permanently move; and seek legal or law enforcement help or prepare for or take part in a civil or criminal legal proceeding.

•Aboriginal employees employed by their employer for at least three consecutive months of continuous employment would be allowed to take up to five days off work each year to take part in traditional Aboriginal practices, such as hunting, fishing, and harvesting.

•The amount of time off employees could take for bereavement leave would increase from three days to five days. For employees with at least three consecutive months of continuous employment, the first three days of the leave would be paid.

•The code would specify that employees could take their vacations in only one period, unless they and their employer agreed otherwise in writing. If employees took their vacation in more than one period, employers would have to pay them the proportion of vacation pay owing for each period within the time frames specified in the code’s regulations.

•Employees would be allowed to interrupt or postpone their vacation to take a leave of absence allowed under the code.

•Employees employed by their employer for at least six consecutive months of continuous employment would be allowed to request flexible work arrangements. These could include a change to the number of hours they work, their work schedule, and where they work. Employers would have up to 30 days to respond to a request, including stating the reason for rejecting or altering it. Employers would be prohibited from dismissing, suspending, laying off, demoting or disciplining an employee making a request or from taking the request into account when deciding to promote or train the employee.

The bill did not state when the government planned to implement the amendments.

Ontario

Labour ministry reviewing exemptions, special rules

The Ontario Ministry of Labour is wrapping up consultations into some of the exemptions and special rules allowed under its employment standards law.

In October, the ministry called for stakeholder and public feedback on exemptions and special rules for managers and supervisors, IT professionals, architects, pharmacists, homeworkers, residential care workers, domestics, and residential building superintendents, janitors and caretakers.

“This review is part of our overall commitment to address the realities of the modern workplace and create a fair society. Fairness and decency must be the values that define our workplaces. This consultation will help ensure this remains a reality in Ontario,” said Labour Minister Kevin Flynn.

Special rules change how provisions in the Employment Standards Act, 2000, such as hours of work, overtime, vacation pay, and public holidays, apply to specific occupations. An exemption means that a provision in the act does not apply to a specific industry or job.

The ministry said the consultations are the first phase of a broader review of the act’s special rules and exemptions.

New Brunswick

Task force releases discussion paper on workers’ comp

A task force examining New Brunswick’s workers’ compensation system is asking for public feedback on how the system can address the needs of current and future workplaces while balancing compensation for injured workers with the financial interests of employers.

In October, the task force released a discussion paper highlighting issues it is considering. They include WorksafeNB’s financial situation, legislation governing the Workers’ Compensation Appeals Tribunal, compensable injuries and benefits, returning injured workers to work, technology issues at WorksafeNB, WorksafeNB’s independence from government, and communications and stakeholder relations.

The paper asks the public to respond to a number of questions in relation to these issues by Dec. 7.

The provincial government established the task force last spring, asking it to identify short-term solutions and develop a plan to ensure that the workers’ compensation system is transparent, accountable, predictable and sustainable over the long run.

In addition to the discussion paper, the task force planned to hold public meetings on the issues in November.

Nova Scotia

Province implements rules on maintenance enforcement

Nova Scotia’s government has implemented changes to its maintenance enforcement rules to allow the director of the province’s Maintenance Enforcement Program to require employers who receive garnishment notices to deduct and remit amounts from employees for future maintenance obligations if the employees are persistently in arrears.

The payments would be in addition to deductions that employers must take for ongoing maintenance and arrears payments.

The changes, which took effect Oct. 17, stem from amendments to the Maintenance Enforcement Act passed last year to give the director more authority to enforce court orders.

Individuals are considered to have persistent arrears if they fail to fully pay their maintenance obligations for three payment periods or if they have accumulated $3,000 in arrears.

NDP calls for $15 minimum wage

The provincial NDP is calling on the Nova Scotia government to raise the province’s minimum wage rate to $15 an hour over three years.

In October, NDP MLA Tammy Martin tabled a bill that would set the general hourly minimum wage rate at $11.70 on Jan. 1, 2018, $13.35 on Jan. 1, 2019, and $15.00 on Jan. 1, 2020. The rate is currently $10.85 for employees employed by their employer for at least three months.

The bill also proposes to eliminate a separate, lower minimum wage rate, currently at $10.35 an hour, for employees with fewer than three months of service.

Prince Edward Island

Athletes exempted from certain ESA requirements

As of Oct. 28, the provincial government exempted athletes playing on P.E.I.-based teams from a number of employment standards requirements.

Athletes taking part in activities related to their sport are now exempt from provisions in the Employment Standards Act covering minimum wage, hours of work, minimum reporting pay, paid holidays, paid vacations, and notice of termination. They continue to be covered for other standards.

New Brunswick and Nova Scotia have made similar changes to their labour standards laws.