NEWS OF THE MONTH – ONTARIO
Ontario’s proposed new layoff rules for at-home workers and other ESA changes to protect ‘precarious’ employees
ESA changes to protect ‘precarious’ employees
Webinar: Legal Considerations and Practical Tips for the Remote Workplace
- New Brunswick will see the minimum wage go to $14.75 on April 1.
- Yukon will see the minimum wage go to $16.77 on April 1.
- Manitoba will see two minimum wage hikes, jumping to $14.15 an hour on April 1 and then to $15 on October 1.
- Newfoundland and Labrador will see two minimum wage hikes, jumping to $14.50 an hour on April 1 and then to $15 on October 1.
- Nova Scotia will also see two minimum wage hikes, jumping to $14.50 an hour on April 1 and then to $15 on October 1.
- Prince Edward Island will see the minimum wage go to $15 on October 1.
- Saskatchewan will see the minimum wage go to $14 on October 1.
- Ontario’s minimum wage is to increase to $16.55 on October 1.
- Currently, Alberta is among the provinces not increasing its minimum wage.
B.C. introduces new pay transparency legislation
New pay transparency legislation has been introduced in British Columbia with the aim of closing the gender wage gap. If passed, the legislation will make it mandatory for employers to specify salary ranges on job postings and will prohibit them from asking for pay history information from applicants.
The legislation was developed following consultation with Indigenous partners, labour unions, businesses, and various other public and non-profit sector organizations.
B.C. calls end to mandatory COVID-19 vaccine policy
Saskatchewan’s new workplace safety strategy
Bill 96: New law requires Québec employers to provide French versions of employment documents before June 1, 2023
In May 2022, the “Act Respecting French, the Official and Common Language of Québec,” known as Bill 96, was passed in the National Assembly and officially became law on June 1, 2022. This law strengthens the provincial French language charter by specifying additional documents that must be provided in French and clarifying existing requirements. Employers are now obligated to provide communications to their employees in French, including:
- Individual employment contracts
- Offers of employment, transfer letters, or promotion letters
- Written communications to the staff or an employee, including those following the termination of the employment relationship
- Employment application forms
- Documents relating to conditions of employment (i.e. employment policies, handbook, bonus and commission plans, etc.)
- Training documents created for the employees
In addition, Bill 96 prohibits employers from requiring knowledge of English in the recruitment process, unless it is necessary for performing the job duties. Additionally, if an offer is published in English, the French and English versions must be published simultaneously. Furthermore, the law also specifies that employees have the right not to be discriminated against or harassed due to their language abilities or for exercising their rights under the charter.
Deadline is June 1, 2023.
Any individual employment contracts that were entered into before June 1, 2022 and are written in a language other than French must be translated upon request from the applicable employees. The translation must be completed in a timely manner, with a deadline of June 1, 2023. Employers are not required to translate fixed-term employment contracts that end before June 1, 2024. Furthermore, employers have until June 1, 2023, to make available a French version of application forms, documents related to working conditions, and training documents for employees if these documents were not previously available in French.
For businesses facing challenges in conforming to Bill 96, we suggest seeking assistance from Exact RH, our recommended HR partner in Québec. Schedule a consultation with their HR expert today to ensure that you are fully compliant with the new legislation.
Does your employment contract include restrictive covenants such as non-competition and non-solicitation clauses?
- Yes 60% 60%
- No 37% 37%
- Other 2% 2%
What is the maximum amount of severance pay required to be paid under the ESA of Ontario?
- I don’t know
- Others – Comment below
Pay Equity in Canada: Tips for Preventing Discrimination and Achieving Fair Compensation
Pay equity legislation in Canada varies depending on the jurisdiction. Some provinces and territories have legislation that requires pay equity, while others prohibit pay discrimination on the grounds of gender. In this quick read article, you can learn about the different pay equity laws across Canada and gain valuable tips for ensuring fair compensation and preventing discrimination in the workplace.