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Author:
Jawdat Saleh

Date:
2024.03.28

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THE EMPLOYERS' EDGE

Working for Workers Four Act Receives Royal Assent

Practice Areas: Human Resources Support

Ontario’s Bill 149, Working for Workers Four Act, 2023 received royal assent on March 21, 2024. The Bill amends several workplace law statutes, including the:

  • Employment Standards Act, 2000;
  • Workplace Safety and Insurance Act, 1997;
  • Digital Platform Workers’ Rights Act, 2022; and
  • Fair Access to Regulated Professions and Compulsory Trades Act, 2006.

Changes to the Employment Standards Act (“ESA”)

Trial Periods: Effective March 21, 2024, the definition of “employee” in the ESA is amended to include individuals completing a “trial period” for an employer. These employees will thus receive minimum standards protections under the ESA (i.e. minimum wage, overtime, etc.).

Wage Deductions: Effective March 21, 2024, wage deduction rules under the ESA now expressly prohibits employee wage deductions where a customer fails to pay for goods or services they received.

Tips: Effective June 21, 2024, payment for tips or gratuities must be made in cash or by cheque, direct deposit, or another prescribed method. Where an employer has a tip policy where the employer, a director, or a shareholder of the employer shares in the tips, the policy must be posted in the workplace and retained for at least three (3) years after the policy ceases to be in effect.

Vacation Pay: Effective June 21, 2024, the vacation pay provisions of the ESA will be amended to clarify that employers can only pay vacation pay during the “default” times unless agreed to in writing by the employee.

Job Postings: Taking effect on a future date by proclamation, publicly advertised job postings will be required to:

  • Include expected compensation for an advertised position or the expected compensation range for the position;
  • Disclose whether the employer uses artificial intelligence to screen, assess, or select applicants for the position; and
  • Not include any job requirement relating to Canadian experience.

Employers will be required to retain a copy of any such publicly advertised posting (and associated application form(s)) for three (3) years after removing public access to the posting.

Changes to the Workplace Safety and Insurance Act (“WSIA”)

Super Indexing: Taking effect on a future date by proclamation, the WSIA will be amended to permit the Government of Ontario to “super index” increases to WSIB benefits above the annual rate of inflation, through regulation.

Firefighter Presumption: Taking effect on a future date by proclamation, a presumption in respect of primary-site esophageal cancer for firefighters and fire investigators will be established.

Changes to the Digital Platform Workers’ Rights Act (“DPWRA”)

Pay Periods: Taking effect on a future date by proclamation, the DPWRA will be amended to provide that certain limits on recurring pay periods and pay days may be prescribed by regulation.

Minimum Wage Compliance: Taking effect on a future date by proclamation, the DPWRA will be amended to provide that rules for determining compliance with the minimum wage requirements of the Act may be prescribed by regulation.

Changes to Fair Access to Regulated Professions and Compulsory Trades Act (“FARPCTA”)

Assessments: Taking effect on a future date by proclamation, the FARPCTA will be amended to provide that prescribed requirements must be met to determine whether a regulated profession assesses qualifications in a way that is transparent, objective, impartial and fair and, if a third party makes such assessments, whether the regulated profession has taken reasonable measures to ensure that the assessments are made in a way that is transparent, objective, impartial and fair.

Employers will need to take immediate and future steps to comply with the above-listed legislative changes. Reach out to the team at CCPartners for any questions on Bill 149 and your new obligations as an employer.

Click HERE to access CCPartners’ “Lawyers for Employers” podcasts on important workplace issues and developments in labour and employment law.

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