Human Resources Legislative Update

Omnibus Workplace Laws Bill Amended at Committee Stage (Bill 18)

Human Resources Legislative Update

Omnibus Workplace Laws Bill Amended at Committee Stage (Bill 18)

Date: November 5, 2014

On November 4, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) was reported back to the Legislature as amended by the Standing Committee on General Government, and has been ordered for Third Reading.

Among other things, the Committee’s amendments will accelerate the coming into force of key amendments, including the following proposed changes to the Employment Standards Act, 2000 (“ESA”):

  • the $10,000 cap on orders to pay wages under s. 103(4) of the ESA will be eliminated three months after Bill 18 receives Royal Assent (instead of six months after Royal Assent, as Bill 18 originally contemplated); and
  • the proposed new two-year extended time limits on most wage claims in s. 111 will also come into force three months after Bill 18 receives Royal Assent (instead of six months after Royal Assent, as Bill 18 originally contemplated).

Additional Committee amendments to Bill 18 will:

  • add public holiday pay and premium pay to the list of wages for which a client of a temporary help agency may be jointly and severally liable under the proposed new section 74.18 of the ESA (in addition to regular wages and overtime pay, as Bill 18 originally contemplated); and
  • authorize the Lieutenant Governor in Council to make regulations in respect of temporary help agencies under the Workplace Safety and Insurance Act, 1997, where an assignment employee is injured while working for a client of the agency.

A discussion of Bill 18 is available in our previous FTR Now, Ontario Reintroduces Legislation Amending Workplace Laws, and background information on Bill 18 (formerly Bill 146) is also available on this blog.