NEWS OF THE MONTH
AODA Reporting Obligations: Deadline is Dec. 31
Organizations comprising businesses and non-profit entities with a staff size of 20 or more, along with public sector institutions, are mandated to submit compliance reports validating their adherence to the Accessibility for Ontarians with Disabilities Act (AODA).
Under the AODA, designated public sector organizations, including municipalities, agencies, boards, commissions, and other organizations identified in Schedule 1 of Ontario Regulation 191/11 or Table 1 of Ontario Regulation 146/10, must file an accessibility compliance report every two years. The current deadline is December 31, 2023.
If you have 20 or more employees, and your organization is not included in the report of another organization, such as a ministry or municipality, you must report as a business or a non-profit organization.
THE LEGAL CORNER
“Can I see your phone?”: The legalities of the Mike Babcock affair
Read another insightful article by Tom Archibald, Employment Lawyer at HRC Law Professional Law Corporation, exploring the legal intricacies of employers seeking personal information from employees. Drawing parallels to the Mike Babcock affair, this article delves into the nuanced balance between consent and coercion in workplace privacy. Read the full article for a comprehensive understanding of these legal complexities.
FEDERAL
New employment statement requirements in Canada Labour Code: October 7, 2023 deadline
On October 28, 2023, the federal government announced the issuance of proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code, inviting public input. These Proposed Regulations seek to amend the hazardous substances requirements within five occupational health and safety (OHS) regulations governed by the Canada Labour Code.
Key highlights of the Proposed Regulations include:
- Addressing gaps and introducing consistent standards in OHS regulations, aligning them with international best practices and select U.S. requirements.
- Imposing maximum exposure limits related to nanomaterials, thermal stress, non-solar UV radiation, and radon.
- Amendments to the Hazardous Substances section of five OHS regulations, addressing outdated issues.
The Proposed Regulations would come into effect upon publication and would introduce penalties for non-compliance through amendments to the Administrative Monetary Penalties Regulations. The government is inviting public input and feedback on these Proposed Regulations
until November 27, 2023.
Federal Government proposes groundbreaking changes to Occupational Health and Safety regulations
On October 28, 2023, the federal government announced the issuance of proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code, inviting public input. These Proposed Regulations seek to amend the hazardous substances requirements within five occupational health and safety (OHS) regulations governed by the Canada Labour Code.
Key highlights of the Proposed Regulations include:
Addressing gaps and introducing consistent standards in OHS regulations, aligning them with international best practices and select U.S. requirements.
Imposing maximum exposure limits related to nanomaterials, thermal stress, non-solar UV radiation, and radon.
Amendments to the Hazardous Substances section of five OHS regulations, addressing outdated issues.
Addressing gaps and introducing consistent standards in OHS regulations, aligning them with international best practices and select U.S. requirements.
Imposing maximum exposure limits related to nanomaterials, thermal stress, non-solar UV radiation, and radon.
Amendments to the Hazardous Substances section of five OHS regulations, addressing outdated issues.
Bill 79: Working for Workers Act, 2023, receives Royal Assent.
On October 26, 2023, Ontario’s Bill 79, known as the Working for Workers Act, 2023, received Royal Assent. This legislation introduces significant amendments to various statutes, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).
Key changes brought about by Bill 79 include:
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Extension of enhanced notice provisions to employees working from home during mass terminations, as specified in the ESA.
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Enhanced leave provisions for reservists, allowing them leave for circumstances related to physical or mental health issues arising during deployment or training activities.
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Strengthened protections for foreign nationals, including more stringent licensing requirements for recruiters.
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An increase in fines under the OHSA, raising the maximum penalty from $1.5 million to $2 million.
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Changes to the government’s regulation-making authority, enabling them to specify the written information that must be provided to employees and prospective employees.This information may include details about rates of pay, work location, and hours of work, laying the groundwork for future regulations to establish these requirements.
WSIB premium rates to remain steady next year
The Ontario government has announced that the average premium rates businesses pay to the Workplace Safety and Insurance Board (WSIB) will remain unchanged in 2024. This rate stability is significant amid rising inflation costs, as it keeps the rates at a historically low level. This move is expected to support the creation of new jobs and higher wages for workers.
Additionally, the WSIB has provided a 6.5% cost of living increase to individuals receiving income replacement benefits over the past year. Small businesses enrolled in the Health and Safety Excellence program will continue to receive incentives through December 31, 2024, including double rebates for program completion and an extra $1,000 for implementing health and safety programs.
Ontario moves WSIB head office to London
The Ontario government is relocating the Workplace Safety and Insurance Board’s (WSIB) head office to London. The new location will be at 300 Tartan Drive and this move is expected to provide a $100 million economic boost to the London area. The WSIB is focusing on enhancing support for injured workers and improving services to businesses. The relocation is also projected to save $70 million annually for the WSIB, reducing costs by 40% compared to its previous location in Toronto. The new office is set to open in 2025 with a minimum of 500 employees and is anticipated to create at least 2,000 jobs in the London area over the next five years.
BRITISH COLUMBIA
British Columbia employers mandated to disclose salary ranges for public job listings effective November 1, 2023
As of November 1, 2023, all B.C. employers will be obligated to disclose the expected salary range or wage for job positions that are publicly advertised. This requirement will apply to job listings posted on company websites, job search platforms, and other public venues. This disclosure requirement does not apply to job opportunities that are not publicly posted or to general recruitment campaigns such as “help wanted” posters that do not specify a particular job opening
Additionally, depending on employee count, employers will be obligated to complete and post annual pay transparency reports by November 1st of the years 2023-2027 (on a staggered basis). See the link below for specific company size requirements. These reports will provide detailed insights into the compensation structure within the organization and are said to be a key tool in promoting pay equity.
Both these requirements are in accordance with the Pay Transparency Act which came into effect on May 11, 2023. Do you have a Pay Transparency Policy in place? If not, you can access HR Covered’s policy template below!
Read more about the Pay Transparency Act here!
BC reinstates mandatory masking in health-care facilities amid rising COVID-19 cases
As of October 3, new masking rules are in effect for health-care settings in British Columbia. Provincial Health Officer Dr. Bonnie Henry and Health Minister Adrian Dix have announced the return of mandatory masking in the province’s health-care facilities due to the increasing number of COVID-19 cases.
As per the new rules, continuous masking is mandatory for health-care workers, visitors, contractors, and volunteers in all patient, client, and resident care areas. These rules apply to facilities run by provincial health authorities and long-term care homes.
It’s important to note that not all patients and long-term care residents are required to wear masks at all times. They will mask up when directed by a health-care worker or based on their personal choice.
SASKATCHEWAN
Saskatchewan legislature passes controversial
pronoun bill
In a contentious turn of events, a bill pertaining to the use of pronouns in educational institutions has now secured its final approval within the Saskatchewan legislature.
Under the new legislation, children under the age of 16 will be prohibited from altering their names or pronouns at school without obtaining parental consent. Notably, the law invokes the notwithstanding clause to override specific provisions in the Charter of Rights and Freedoms and Saskatchewan’s Human Rights Code.
Addressing the development, Education Minister Jeremy Cockrill has stated his expectation that all school divisions will adhere to this newly enacted legislation, setting the stage for a significant shift in school policies and practices regarding pronoun usage.
Manitoba health-care workers to begin masking in most health-care facilities starting Oct. 18
Starting on October 18, health-care staff in Manitoba hospitals, personal care homes, and other health-care facilities are now required to wear a medical mask during direct interactions with patients, residents, and clients. This measure aims to reduce the risk of respiratory virus transmission from health-care workers to vulnerable individuals, especially those at higher risk of severe illness.
Health-care workers providing care services operated by regional health authorities, including home care services, must also wear masks during care provision. For visitors to health-care sites, masks are optional but recommended, with availability on-site for those who choose to wear them.
MANITOBA
However, visitors and staff may be required to wear masks in locations providing care to highly immunocompromised individuals, such as cancer units or transplant programs, as indicated by signage.
Businesses, organizations, and facilities are encouraged to consider the well-being of their organization, clients, and staff for the upcoming respiratory virus season. Employers should support sick individuals in staying home, provide hand washing or sanitizing options, and facilitate opportunities for staff to get vaccinated.
ALBERTA
Alberta announces changes to allow family doctors
to see more patients
Alberta is implementing changes to enhance the efficiency of family doctors and caregivers in seeing more patients. Health Minister Adriana LaGrange has announced a $57 million investment over the next three years to facilitate family doctors and nurse practitioners in providing care to a larger number of individuals. Each provider can receive up to $10,000 per year. Collaborating with the Alberta Medical Association, the province is working on creating a new payment model that promotes long-term, comprehensive patient-doctor relationships, with a focus on reducing administrative tasks for physicians.
Even in cases where patients cannot prove insurance coverage, doctors will still receive payment, simplifying administrative processes. Furthermore, the province intends to introduce a payment system to assist nurse practitioners in establishing their clinics and expanding their scope of practice in line with their training and expertise.
Low tax rate pays dividends for Alberta business
A recent report from the Canadian Federation of Independent Business (CFIB) reveals that Alberta currently boasts the lowest effective payroll tax rate in Canada. The analysis considered a typical $50,000 salary in a business with a $2.5 million payroll, factoring in various payroll taxes such as Canada Pension Plan/Quebec Pension Plan, Employment Insurance, parental benefits, workers’ compensation, and provincial payroll taxes where applicable.
Alberta stands out with the lowest effective payroll tax rate, as employers in the province pay 9.1 percent (equivalent to $4,538) on top of a $50,000 salary. In contrast, the national rate is 10.1 percent, totaling $5,067. The primary factors contributing to this favourable position for Alberta are the absence of health and education employer taxes and having the second-lowest workers’ compensation premiums in the country.
Andrew Sennyah, a senior policy analyst at CFIB, emphasizes that regardless of profit and business size, payroll taxes are non-negotiable. Unlike corporate income taxes, which apply only to profits, payroll taxes can pose challenges for small businesses by increasing costs and complicating planning. These taxes can also contribute to red tape, making it difficult for smaller enterprises to navigate the complex payroll tax system and associated paperwork, which could lead to price increases and lost sales for some businesses.
The report highlights Alberta’s advantageous position with the lowest effective payroll tax rate in Canada, offering a competitive advantage for businesses in the province.
NOVA SCOTIA
Solution to Nova Scotia Teachers’ Pension shortfall
will be decided in private
The Nova Scotia government is currently exploring solutions to address a funding gap in the teachers’ pension plan, but they have chosen not to disclose the potential options under consideration.
Over the years, the Nova Scotia Teachers’ Pension Plan has encountered financial difficulties intermittently. In August 2022, a report containing non-binding recommendations for addressing the pension deficit was presented to the government and the Nova Scotia Teachers Union. At that time, officials indicated their intention to release the report to the public after engaging with plan members for discussions.
However, more than a year later, Labour Relations Minister Allan MacMaster has adopted a different stance regarding the release of this information. MacMaster now states that the decision regarding pension plan reform will be a collaborative effort between the government and the union.
Nova Scotia hospital administrative staff vote to accept
new collective agreement
A substantial number of healthcare administrative professionals in Nova Scotia have voted in favour of accepting a tentative agreement, which entails incremental salary increases ranging from 15.15% to 22.75% over a span of five years. More than 5,000 employees, represented by three unions, had been operating without a new contract since October 31, 2020. In June, they had overwhelmingly rejected a proposed agreement that had been negotiated with the provincial government.
According to a news release issued by the Nova Scotia Government Employees Union (NSGEU), union members have ratified the contract by an impressive 77%.
This agreement incorporates standard economic adjustments totaling 6.5% during the initial three years of the contract, covering the period from November 1, 2020, to October 31 of the current year. Additionally, it introduces new economic adjustments and enhanced shift and weekend premiums. The union had previously emphasized the workers’ desire for a wage increase that would effectively keep pace with inflation.
Minimum Wage Increases Across Multiple Provinces in October
Saskatchewan: Effective Oct. 1, 2023, the minimum wage will rise to $14 per hour from $13. The wage will then increase again to $15 per hour on Oct. 1, 2024.
Manitoba: Effective Oct. 1, 2023, the minimum wage will rise to $15.30.
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:
Manitoba: Effective Oct. 1, 2023, the minimum wage will rise to $15.30.
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.
Nova Scotia: Effective Oct. 1, 2023, the minimum wage will rise to $15 per hour from $14.50.
Prince Edward Island: Effective Oct. 1, 2023, the minimum wage will rise to $15 per hour from $14.50.
BLOG
AODA: Your Essential Guide to Accessibility Compliance in Ontario
Discover the ins and outs of the Accessibility for Ontarians with Disabilities Act (AODA) in our comprehensive blog. Learn what the AODA is, who needs to comply, and the crucial steps for ensuring your organization’s accessibility compliance in Ontario.
PREVIOUS POLL
What do you think are the main challenges in effectively implementing accommodation measures based on functional abilities information?
- 28 Weeks 27%
- 26 Weeks 34%
- 18 Weeks 22%
- Other 17%
ACTIVE POLL
When is the AODA Compliance Deadline for 2023?
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November 27, 2023
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December 31, 2023
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January 21, 2023
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March 22, 2023
Q&A RECORDINGS
CHRIS DENDYS
Executive Director
Results Canada
“Finding HR Covered has been you know a godsend because for organizations the size of ours, which is at any given time 12 to 15 people, there’s just no budge space, energy for HR, but we’re just at the size where HR is increasingly important and probably the only thing that really matters to any organization right now particularly in the zeitgeist that is the post COVID world, it’s been just a godsend in terms of just their basic fee rate and the support that you get.”