Things to Watch In 2014

PROPOSED CHANGES TO THE EMPLOYMENT STANDARDS ACT

In December 2013, the Ontario government introduced Bill 146, Stronger Workplaces for a Stronger Economy Act, 2013. The bill passed first reading on Dec. 4, 2013 and is expected to be further debated and considered as it works its way through the Ontario legislature in 2014. According to the Ministry of Labour, the legislation is designed to protect the province’s most vulnerable workers. Key proposals under Bill 146 include:

  • removing the C$10,000 cap under the Employment Standards Act, 2000 on the recovery of wages owed through a Ministry of Labour order to pay;
  • increasing the time limit for recovery of wages under the Employment Standards Act, 2000 from six or 12 months to two years;
  • requiring employers to provide a handout to employees containing information about their rights under the Employment Standards Act, 2000;
  • introducing “joint and several liability” between temporary help agencies and their clients under the Employment Standards Act, 2000; and
  • extending coverage under the Occupational Health and Safety Act (OHSA) to co-op students, trainees and other unpaid interns.

NEW HEALTH AND SAFETY AWARENESS TRAINING

The Ontario Ministry of Labour has introduced mandatory health and safety awareness training, which will take effect on July 1, 2014. All workers and supervisors in the province who are subject to the OHSA will have to complete the training program. The training is designed to inform supervisors and workers of their basic rights and responsibilities under the OHSA, and must include instruction on various health and safety topics including the duties and rights of workers, employers and supervisors under the OHSA, common workplace hazards and occupational illnesses, and the role of joint health and safety committees and representatives. The Ministry of Labour has provided a number of resources and tools to assist employers in complying with these training requirements, including workbooks and accompanying employer guides, as well as electronic (e-learning) training tools. Employers may use these training tools to comply with the OHSA requirements, but are not required to do so as long as the training they provide covers the necessary content.

AODA REQUIREMENTS NOW IN EFFECT

As noted in our June 2013 Blakes Bulletin on the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), most Ontario companies were required to file accessibility compliance reports in relation to the Accessibility Standards for Customer Service (Customer Service Standard) on or before Dec. 31, 2012. In 2013, enforcement actions were commenced by the Accessibility Directorate of Ontario against companies that failed to file reports as required by the legislation. Customer Service Standard accessibility compliance reports can still be completed online at Service Ontario’s ONe-Source for Business.

Under the Integrated Accessibility Standards (Integrated Standards), companies with 50 or more employees in Ontario must also comply with other obligations as of Jan. 1, 2014. Specifically, companies must develop and implement accessibility policies and a multi-year accessibility plan describing how they will achieve accessibility and compliance with the Integrated Standards. The plan must include a statement of commitment and be posted on the company’s website. New Internet websites must meet certain technical accessibility requirements and companies must have regard to accessibility issues when designing, procuring or acquiring self-service kiosks. Companies and organizations will be required to certify compliance with these requirements in 2014. Future bulletins will provide additional details regarding certification requirements as that information becomes available and will address upcoming Integrated Standards requirements for 2015 and 2016.