Human Resources Legislative Update
Ontario Government Files Regulations Further to Bill 47 Changes to ESA
Date: December 18, 2018
On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019.
O. Reg. 498/18 amends O. Reg. 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) and, among other things:
- adds a new section “Exemption for the Crown and Certain Public Bodies” exempting employees and employers in this category from the provisions of the ESA, subject to specified exceptions
- exempts specified persons from the new modified three hour rule under section 21.2. of the ESA
- repeals 3 of O. Reg. 285/01 “Special Rules re Personal Emergency Leave” and replaces it with “Special Rules re Certain Leaves” to reflect the new sick leave, family responsibility leave and bereavement leave, which will not apply to certain prescribed persons where exercising the entitlement “would constitute an act of professional misconduct or a dereliction of professional duty.”
Changes made to O. Reg. 285/01 by O. Reg. 526/17 relating to the Bill 148 scheduling exemptions have been repealed by O. Reg. 499/18.
O. Reg. 500/18 revokes O. Reg. 532/17 which had amended the “minimum pay for short hours of work” provision of O. Reg. 291/01 (Terms and Conditions of Employment in Defined Industries – Women’s Coat and Suit Industry and Women’s Dress and Sportswear) to refer to the Bill 148 three hour rule. O. Reg. 501/18 amends the “minimum pay for short hours of work” provision to now refer to the modified three hour rule implemented by Bill 47.
O. Reg. 502/18 amends O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Warehousing and Automobile Marshalling) to revoke the definition of “qualified health practitioner” and the provision relating to personal emergency leave.