October 23, 2018
Ontario Minister of Labour, Laurie Scott, along with the Ministers of Economic Development, Job Creation and Trade, and of Training, Colleges and Universities announced the introduction of the ‘Making Ontario Open for Business Act’ during a press conference held this morning.
This announcement fulfils one of Ford’s leading campaign promises to make Ontario “open for business” once again. The bill will retain key portions that protect Ontarians, such as continuing to support leaves for victims of sexual and/or domestic violence, keeping 3 weeks paid vacation entitlements for employees who have been with a company for 5 or more years, and ensuring the minimum wage remains at $14 an hour.
The Making Ontario Open for Business Act will also enable more Ontario employers to boost job creation and investment by cutting unnecessary regulations and repealing some of the most burdensome aspects of Bill 148.
If the legislation passes, the amendments that would be repealed include:
Employment Standards Act, 2000 (ESA)
- Maintaining Ontario’s current minimum wage at $14 per hour until 2020, to be followed by increases tied to inflation
- Replacing the current Personal Emergency Leave rules with three days for personal illness, three days for family responsibilities, and two days for bereavement
- Repealing scheduling provisions to allow for more flexibility for employers and employees
- Repealing the averaging public holiday pay formula prescribed by Bill 148 and returning to the previous prorating formula
- Repealing equal pay for equal work on the basis of employment status and assignment employee status, but maintaining the requirement for equal pay on the basis of sex
- Repealing the requirement for the employer to prove that an individual is not an employee where there is a dispute over whether the individual is an employee
The government is proposing the following changes to the LRA:
Labour Relations Act, 1995 (LRA)
- Repealing rules that forced card-based certification on the workers in home care, building services, and temporary help agencies, and will return to vote through a secret ballot
- Repealing rules that force an employer to provide a union with employees’ personal information if 20% of workers showed interest in joining a union
- Reinstating pre-Bill 148 test and preconditions for the Ontario Labour Relations Board (OLRB) to certify a union as a remedy for employer misconduct
- Repealing the power of the OLRB to review and consolidate newly certified bargaining units with existing bargaining units
After years of consultation and voicing the concerns of the franchise community and the broader business community, the CFA and its members are pleased with the government’s commitment to creating an environment where business can thrive.
Click here to read more about the proposed Making Ontario Open for Business Act. Should you have any questions about this announcement, please contact Samantha Sheppard, Government Relations Specialist at ssheppard@cfa.ca or by phone at 416-695-2896 ext. 230.