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Newsletter – December 2023

UPCOMING WEBINAR

 The AODA compliance reporting deadline has passed.

According to the Accessibility for Ontarians with Disabilities Act (AODA), businesses and non-profits employing 20 or more individuals were required to file their accessibility reports by December 31, 2023. If you haven’t submitted your report, please be aware that the deadline has passed and this may lead to potential enforcement actions including financial penalties. If you require assistance with AODA compliance, we encourage you to reach out to us at the earliest opportunity at service@hrcovered.com.

UPCOMING WEBINAR

Secure your spot on our upcoming webinar “A Review of Important HR Developments in 2023 – What Should Be on Your Radar in 2024.”

Register

THE LEGAL CORNER

‘Changed Substratum’ – a Game Changer for Employees with Old and Outdated
Employment Contracts

This article by Ljubica Durlovska, an employment lawyer at
HRC Law Professional Corporation, examines how the “changed substratum” doctrine can render an existing employment agreement invalid over time. The article discusses the Celestini v. Shoplogix Inc. case, in which this doctrine was successfully used to set aside an executive’s employment agreement. For insights into the “changed substratum” doctrine and key takeaways for employers, read the article by clicking on the link below.
Read Article

FEDERAL

Requirement to Supply Menstrual Products as of December 15, 2023
Changes to the sanitation regulations in the Occupational Health and Safety Regulations mandate that starting December 15, 2023, federally-regulated employers must furnish menstrual products to their employees. This includes supplying clean and hygienic tampons and menstrual pads in every restroom, irrespective of its designated gender. Additionally, employers must ensure the presence of a covered container for the proper disposal of menstrual products in each toilet compartment.

Source

Changes to Hours of Work Provisions as of January 4, 2024
Changes to the Exemptions from and Modifications to Hours of Work Provisions Regulations will introduce new exemptions for specific categories of employees. These modifications will come into effect on January 4, 2024, for the rail transportation, banking, and telecommunications and broadcasting sectors, and on June 4, 2024, for the
air transportation sector.

Source

ONTARIO

Ontario strengthening wage protections for restaurant workers
The Ontario government is introducing legislation that, if passed, would put in place ground-breaking protections for more than 400,000 people in the restaurant and hospitality industry. The Working for Workers Four Act, 2023, includes updates to the province’s Employment Standards Act, which would ban unpaid trial shifts and make clear that employers can never deduct an employee’s wages in the event of a dine and dash, gas and dash, or any other stolen property.
 
Read more
New deadline: Licensing for temporary help agencies and recruiters
The deadline for temporary help agencies to obtain an operational license and for recruiters to secure a recruiting license has been shifted from January 1, 2024, to July 1, 2024.
This extension grants both temporary help agencies and recruiters an extra six months to submit their license applications.
 

BRITISH COLUMBIA

New return-to-work requirements for employers and workers starting January 1, 2024

As part of Bill 41, the provincial government has made amendments to the
Workers Compensation Act that affect the return to work process.

Starting January 1, 2024, employers and workers will have a legal duty to cooperate with each other, and with WorkSafeBC, in a worker’s timely and safe return to work following an injury, and certain employers will have an obligation to return injured workers to work in specific circumstances.

For more information on Bill 41, see:
Workers: Duty to cooperate and duty to maintain employment
Employers: Duty to cooperate and duty to maintain employment

Minimum Wage in Canada by Province (2023)

British Columbia: $16.75 per hour, effective June 1, 2023.

Saskatchewan: $14 per hour, effective Oct. 1, 2023. The wage will increase to $15 per hour on Oct. 1, 2024.

Manitoba: $15.30 per hour, effective Oct. 1, 2023.

Ontario: Effective Oct. 1, 2023, the minimum wage will rise to $16.55 per hour from $15.50 per hour. The special minimum wage rates will also increase for:

  • Students under the age of 18, who work 28 hours a week or less when school is in session or work during a school break or summer holidays, from $14.60 to $15.60 per hour.
  • Homeworkers (those who do paid work out of their own homes for employers), from $17.05 to $18.20 per hour.
  • Hunting, fishing, and wilderness guides, from $77.60 to $82.85 per day when working less than five consecutive hours in a day, and from $155.25 to $165.75 per day when working five or more hours in a day.

Alberta: $15 per hour, effective April 1, 2023. Students under 18 years of age who work less than 28 hours per week earn a minimum wage of $13.00 per hour.

Nova Scotia: $15 per hour, effective Oct. 1, 2023.

Prince Edward Island: $15 per hour, effective Oct. 1, 2023.

New Brunswick: $14.75 per hour, effective April 1, 2023.

Newfoundland and Labrador: $15 per hour, effective Oct. 1, 2023.

Northwest Territories: $16.05 per hour, effective Sep. 1, 2023.

Nunavut: $16 per hour, effective April 1, 2023.

Yukon: $16.77 per hour, effective April 1, 2023.

Quebec: $15.25 per hour, effective May 1, 2023.

BLOG

Employers’ Guide: All about Severance Pay in Ontario

Inflation has caused economic turmoil around the world, and many businesses are terminating employees to stay afloat. If you’re considering doing the same, you should know that your employees may be entitled to severance pay as compensation, in addition to termination notice requirements. Read our latest article to know all about Ontario’s severance pay rules.

Read Article

PREVIOUS POLL

For Ontario employers, what is the biggest challenge you face in achieving AODA compliance this year?
  • May 11, 2023 5% 5%
  • November 1, 2023 77% 77%
  • March 8, 2023 13% 13%
  • August 12, 2023 5% 5%

ACTIVE POLL

What do you think are the main challenges in effectively implementing accommodation measures based on functional abilities information?
  • Budget constraints
  • Resistance from employees
  • Complexity of the process
  • Other (comment below)
Cast your vote

Q&A RECORDINGS

SAMIR KUMAR

Human Resources Manager
Rainy River First Nations

“With the services of HR Covered, I get time to concentrate on big matters the best part of working with HR Covered is that their response time is very good. I would recommend HR Covered to any organization that’s facing issues with respect to saving their time and cost. The main reason would be that HR Covered has highly qualified and competent HR consultants and managers.
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