On March 20, 2023, the Ontario government announced the introduction of Bill 79, the Working for Workers Act, 2023 (“Bill 79”). If passed, Bill 79 will make several amendments to Ontario’s employment standards and occupational health and safety legislation, among other changes.
Most relevant to employers, Bill 79 proposes to amend the provisions of the Employment Standards Act, 2000 (the “ESA”) with respect to reservist leaves and the circumstances in which a mass termination is triggered to include remote workers. Bill 79 also proposes to increase fines for corporations under the Occupational Health and Safety Act (the “OHSA”).
An overview of these proposed changes is provided below, along with an update on the upcoming minimum wage rate increase.
1.Minimum Wage Hike
The Ontario government has announced that effective October 1, 2023, the general minimum wage rate will increase from $15.50 per hour to $16.55 per hour. Special minimum wages rates will also increase, as detailed in the announcement.
2.Changes to Mass Termination Provisions
The ESA provides for enhanced notice entitlements if 50 or more employees are terminated within the same four-week period at an employer’s “establishment” - this type of employment termination is referred to as a “mass termination.” The ESA currently defines “establishment” as the “location at which the employer carries on business.”
Bill 79 proposes to amend the definition of “establishment” such that the phrase “location at which an...
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