Employment and Legislation Updates

Employment and Legislation Updates

Upcoming Public Holidays

The next upcoming public holidays in Canada are:

• Christmas Day on Wednesday, December 25, 2024
• Boxing Day on Thursday, December 26, 2024
• New Year’s Day on Wednesday, January 1, 2025

Christmas Day and New Year’s Day are paid statutory holidays nationwide, while Boxing Day is specific to Ontario and federally regulated workplaces. However, workplaces in the other provinces and territories may choose to recognize Boxing Day as a paid holiday. Employees will receive statutory holiday’s off with pay. If an employee is required to work on the holiday, please follow the provincial or federal guidelines for working on a holiday.

Manitoba Employment Standards Code (ESA) Amendments 

Manitoba has amended it’s Employment Standards Code (ESA) which came into effect on November 8, 2024. The length of leave for Serious Illness or Injury is extended from 17 weeks to 27 weeks.  

Any employees who are on leave for serious illness or injury or who have given their employer notice of an intention to take this leave, are entitled to a total of up to 27 weeks of leave.  

Manitoba Labour Relations Act (LRA) Amendments 

On November 7, 2024, the Manitoba government passed Bill 37, bringing major changes to the following three areas of labour relations: 

1. Union organizing 

2. Replacement worker restrictions  

3. Essential services during strikes or lockouts 

Union Organizing 

One of the most significant amendments involves union certification. Under the previous system, the union needed at least 40% support from employees in a bargaining unit to initiate a secret ballot vote. Certification was granted if more than 50% voted in favour of forming a union. 

The amendments introduce a process eliminating the need for the secret ballot vote in many cases. 

Automatic certification: If a union demonstrates support from more than 50% of employees through signed membership cards, the Board must automatically certify the union as a bargaining union. No secret vote is needed. If support is between 40%-50%, the secret ballot vote will occur. Dismissal will occur when employees show less than 40% support. 

Replacement Workers 

Another significant change is the complete ban of replacement workers during strikes or lockouts.  

Replacement workers include: 

• Individuals hired or engaged after the date notice to commence collective bargaining is given; 

• Those who ordinarily work at another workplace of the employer or non-striking bargaining units within the same workplace; 

• Contractors or third-party individuals. 

The prohibition allows for limited exceptions in situations involved threats to life, health, safety, property or the environment, provided the employer can show there are no other options to address the issues. 

New framework for essential services 

During a strike or lockup, the employer, the bargaining unit, and the employees must continue to supply essential services. This definition has been expanded to include services necessary to: 

• Prevent threats to the health, safety, or welfare of Manitoba residents 

• Maintain the administration of justice 

• Prevent a threat of serious environmental damage  

The passage of Bill 37 brings significant changes to Manitoba’s LRA, reshaping the union certification process, replacement workers, and essential services. Employers and unions must navigate additional responsibilities, comply with the new requirements and prepare for potential disputes over implementation.  

Ontario Bill 190 

Effective October 28, 2024, the requirement that joint health and safety committees meet “at the workplace” will be removed such that remote meetings would be permissible. Therefore, a joint health and safety committee meeting may occur remotely as opposed to physically in the workplace.  

Ontario – Violation of Employment Standards Act 

As of October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000). 

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have committed an offence under the ESA. If convicted, an individual could be subject to a fine or a term of imprisonment or both. 

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Manitoba Revised Accessibility Plan

Accessibility plans for 2025 and 2026 for the Manitoba government and public sector organizations are due by December 31, 2024. Accessibility plans must be created in consultation with people with disabilities, or representatives from organizations of people with disabilities. Organization members and community stakeholders should be actively engaged in identifying, preventing, and removing barriers that can occur in their policies and practices. An accessibility plan must be updated every two years and should reflect any new or proposed standards introduced by The Accessibility for Manitobans Act. This includes: A review of the progress made, future priorities for accessibility, and necessary updates to policies and procedures.

Nova Scotia: Updates to Job Protected Leaves

Unpaid Sick Leave / Family Responsibility Leave

Currently, employees in Nova Scotia are entitled to a maximum of three (3) days of unpaid sick leave per calendar year. This leave covers situations arising from an illness of the employee or their family member, or for medical, dental, or similar appointments during working hours.

Effective January 1, 2025, employees will be entitled to an additional unpaid leave of up to five (5) days per year if the leave is required due to the employee’s own illness or injury. This brings the total unpaid leave entitlement to eight (8) days per year; Three days for family responsibility and five for personal sickness or injury.

Serious Illness and Injury Leave

Effective January 1, 2025, employees diagnosed with a “serious illness” or “serious injury” will be eligible for an unpaid leave of absence for up to 27 weeks within any 52-week period. This is separate from the unpaid sick leave/family responsibility leave explained above.

To qualify, an employee must meet the following conditions:

1. Be employed with the same employer at least three (3) months; and
2. Have a diagnosis of a serious illness or injury.

This leave must be taken in periods of no less than one week, which can be taken consecutively or non-consecutively. An employee cannot take more than 27 weeks of leave within any period of 52-week period.

If any employee has used 27 weeks of leave within any period of 52 weeks, they may not take additional leave unless:

1. The additional leave begins at least six months after the last day of the previous leave; or
2. The employer agrees to any earlier start date for the additional leave.

Changes to Temporary Foreign Worker (TFW) Program

Significant changes have been announced to the TFW program in response to a substantial rise in the number of temporary foreign workers in Canada. Since 2019, the issuance of Temporary Work Permits (TWPs) has increased by 88%. Effective November 8, 2024, the minimum hourly wage for workers entering Canada through the high-wage Labour Market Impact Assessment (LMIA) stream will increase by 20% above the median wage for the applicable province or territory.

This adjustment represents an average an increase in wages of $5 to $8 per hour, varying by region. The wage hike aims to better align the TFW Program with it’s core purpose: filling labour shortages only when no qualified Canadian worker is available.

When Canadian employers apply to hire a foreign worker through a LMIA program, there have options for either a “high-wage” or “low-wage” LMIA. This classification depends on the role’s hourly wage relative to the provincial median wage. Historically, employers would advertise positions at the median wage for a role, based on Job Bank wage information. Under the new rules, employees must now advertise and hire a foreign worker at 20% above that median wage for the specific role.

Existing work permits will remain unaffected, this change will only apply to new LMIA applications submitted by employers under the TFW program. It will not impact LMIAs that have already been submitted for approval, or LMIA-exempt work permits.

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New LMIA Rules Effective September 26, 2024

A Labour Market Impact Assessment (LMIA), is a document issued by Employment and Social Development Canada (ESDC) that employers may need to obtain before hiring a foreign worker. It is used to assess whether hiring a foreign worker will have a positive or neutral impact on the Canadian Labour Market, meaning that no qualified Canadians are available to fill the position. A positive LMIA, also known as a “confirmation letter”, is usually required for a foreign worker to apply for a work permit in Canada.

Effective September 26, 2024, certain LMIA applications for low-wage positions will be affected by the following measures:

1. In most sectors, the current 20% cap on the proportion of low-wage positions is being reduced to 10%. This means that employers will be allowed to hire no more than 10% of their total workforce through the program.
2. Industries such as agriculture, food processing, construction, and healthcare are exempt from this reduced cap.
3. LMIA applications for low-wage positions located in Census Metropolitan Areas with an unemployment rate of 6% or higher will not be processed. Again, exceptions will be granted for jobs in the agriculture, food processing, construction, and healthcare sectors.
4. The maximum duration of employment for low-wage positions is reduced from two years to one year under these new LMIA rules.

Canadian Minimum Wage Effective October 1, 2024

• Manitoba minimum wage has increased from $15.30 per hour to $15.80 per hour.
• Ontario minimum wage has increased from $16.55 per hour to $17.20 per hour.
• Saskatchewan minimum wage has increased from $14.00 per hour to $15.00 per hour.
• Prince Edward Island minimum wage has increased from $15.40 per hour to $16.00 per hour.

Employment Standards outlines that most employees must be paid at least minimum wage for each hour they are required to work.

Prince Edward Island: October 1, New paid sick leave

As of October 1, 2024, in addition to the unpaid sick leave available to employees, employees will be entitled to paid sick leave based on the following:

• One day of paid sick leave after 12 months of continuous employment;
• Two days of paid sick leave after 24 months of continuous employment;
• Three days of paid sick leave after 36 months of continuous employment.

Once an employee qualifies for paid sick leave, it must be used before any unpaid leave is applied. For paid sick leave, employees are entitled to receive their regular rate of wages for the hours they would have worked, or in the case of salaried employees, their regular daily rate of pay.

November 3, Daylight saving time ends

Clocks following Daylight Saving Time are to be turned back on the first Sunday of November. The official time change back to standard time will occur this year at 2 a.m., on Sunday, November 3, at which time clocks should be set back to 1 a.m. Daylight saving time will resume March 9, 2025.

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Next Public Holidays – Labour Day and National Day for Truth & Reconciliation

Monday, September 2, 2024 – Labour Day is a legislated public holiday in all provincial and federally regulated jurisdictions.   Employees receive a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, please follow the provincial or federal guidelines for working on a holiday.

Monday, September 30, 2024 – National Day for Truth and Reconciliation. The day honours the lost children and survivors of residential schools, their families and communities. This day is a public holiday under employment/labour legislation only in federally regulated workplaces, Prince Edward Island, Manitoba (Orange Shirt Day), Northwest Territories, Nunavut, British Columbia and the Yukon. Employees receive a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, please follow the provincial or federal guidelines for working on a holiday.

British Columbia Expands Mental Health Coverage for Workers

British Columbia has broadened the list of occupations eligible for mental health presumption under the Workers’ Compensation Act, providing support to a wider range of professionals including coroners, respiratory therapists, and social workers. This amendment, effective from June 10, 2024, aims to simplify the process for workers suffering from psychological injuries due to work-related trauma by assuming such conditions are job-related unless proven otherwise.

Newly Included Occupations:

• Community-integration specialists
• Coroners
• Harm-reduction workers
• Parole officers
• Probation officers
• Respiratory therapists
• Shelter workers
• Social workers
• Transition house workers
• Victim service workers
• Withdrawal-management workers

Previously, the presumption applied primarily to first responders like firefighters, police, and paramedics. The expansion ensures that a broader range of workers who provide critical support and face similar stresses can also receive medical attention and compensation benefits without the burden of proving the work-related nature of their conditions immediately.

The decision to include more occupations considers factors such as the nature of the work, exposure to traumatic events, and existing data on psychological impacts related to specific jobs. The Ministry of Labour continues to review and potentially expand this list as new evidence comes to light.

Legislative Updates in Manitoba and British Columbia Strengthen Union Rights

Manitoba: Enhanced Protections for Striking Workers

The Manitoba Government is set to introduce legislation prohibiting the use of replacement workers during strikes or lockouts, aimed at preserving the integrity of workers’ bargaining actions. In addition, the Labour Relations Act will be amended to allow automatic union certification if a majority of employees (50% plus one) in a workplace sign union cards, streamlining the process for forming a union and enhancing labor rights.

British Columbia: Safeguards for Cross-Picket Line Refusals

Recent amendments to British Columbia’s Labour Relations Code, established by the Miscellaneous Amendment Act 2024, redefine ‘strike’ and ‘person’ to allow provincially regulated workers to refuse to cross picket lines of federally-regulated or other provincially-regulated workers without it being deemed an illegal act. This change bolsters worker solidarity and protection during federal work stoppages, reinforcing the legal support for union activities across provincial lines.

British Columbia Enhances International Credential Recognition

British Columbia has passed the International Credentials Recognition Act, which will took effect on July 1, 2024, to streamline the credential recognition process for skilled immigrants. This initiative, aimed at addressing labor shortages, involves coordination with 18 regulatory bodies and introduces reforms across 29 professions including engineers, social workers, and educators, among others. The Act emphasizes reducing bureaucracy, ensuring fee equity between international and domestic applicants, and enhancing procedural transparency and efficiency. Key provisions include the elimination of redundant English-language testing requirements and the establishment of a new superintendent role responsible for overseeing fair credential recognition practices. This role also includes authority to enforce compliance and issue penalties, with the maximum administrative penalty set at $100,000. Beginning July 1, 2025, the regulations will remove the requirement for Canadian work experience, thereby facilitating smoother entry into the professional fields for internationally trained experts.

Federal Bill C-59 Brings Comprehensive Changes to Employment and Labor Laws

Federal Budget Bill C-59, enacted on June 20, 2024, brings several important changes to employment and labor regulations across Canada. This legislation enhances support for workers and families, streamlines employee benefits, and introduces measures to ensure fair treatment in the workplace.

Key Provisions of Bill C-59:

• 16-Week Unpaid Leave: Supports workers involved in the adoption or surrogacy processes, ensuring access to Employment Insurance benefits without the risk of job loss.
• Pregnancy Loss Leave: Provides up to eight weeks of leave for stillbirth and three days for other pregnancy losses, with eligibility after three months of employment.
• Expanded Bereavement Leave: Extends bereavement leave to eight weeks for employees grieving the loss of a child, with new requirements for employee notice.
• 15-Week Shareable EI Adoption Benefit: A new benefit that supports adoptive and surrogate parents, enhancing family support during critical times.
• Enhanced Accessibility to Mental Health Services: Removes GST/HST on psychotherapy and counseling, making these services more affordable.
• Prohibition Against Reprisal Actions: Strengthens protections under the Competition Act against penalizing employees for cooperation in investigations, with substantial penalties for violations.

These initiatives are part of the government’s broader strategy to modernize labor laws and enhance the welfare of workers in federally regulated sectors.

Federal Bill C-69: Budget Implementation Act 2024, No. 1 receives Royal Assent

Bill C-69, receiving royal assent on June 20, 2024, introduces changes to the Canadian labor landscape, particularly impacting the federally regulated sectors. Key employment provisions include:

1. Gig Worker Protections: The bill strengthens protections against the misclassification of gig workers, ensuring they have full employee rights under the Canada Labour Code. This includes rights related to occupational health and safety, standard work hours, and entitlements such as vacations and holidays.
2. Right to Disconnect: A new mandate requires federally regulated employers to establish policies that limit work-related communications after hours, enhancing work-life balance. This policy mandates regular consultations with employees and a structured update every three years to adapt to evolving workplace dynamics.
3. Severance and Termination Rights: Amendments clarify entitlements concerning notice of termination or severance pay, ensuring employees’ rights are maintained regardless of their eligibility to file for unjust dismissal complaints.

These changes collectively aim to protect worker rights and encourage fair labor practices to reflect the changing work environment standards.

Licensing Requirements for Recruiters and Temp Agencies in Ontario

Starting July 1, 2024, temporary help agencies and recruiters in Ontario must have a valid license to operate, with requirements for annual renewals. Employers are required to verify that they only engage with licensed agencies and recruiters. Agencies and recruiters can continue operations while their initial license application is under review. Employers should include terms in their contracts ensuring that agencies are licensed and indemnified against liabilities related to licensing issues. Additionally, agencies must inform their clients if their license is refused, revoked, or suspended, and actions may need to be taken to comply with the Employment Standards Act.

Update on Pay Equity Regulations in Federally Regulated Workplaces

Effective May 27, 2024, new amendments under the Pay Equity Regulations have been introduced, aimed at enhancing equity in compensation practices. These regulations require employers in federally regulated workplaces with 10 or more employees to proactively ensure that workers in predominantly female job classes receive equal pay for work of equal value. The Pay Equity Act, enforced by the Pay Equity Commissioner of the Canadian Human Rights Commission, mandates employers to develop, implement, and periodically update a pay equity plan.

Key updates include:

• A standardized process for updating pay equity plans, particularly in workplaces without predominantly male job classes.
• Revised rules for calculating hourly rates in typical job classes and the requirement for additional information in annual statements to better assess the impact on the gender wage gap.
• Specific guidelines to ensure timely compliance with the notice of obligations for groups of employers.

Employers must have their initial pay equity plans posted by September 3, 2024, and update these plans at least every five years.

New Protections for Gig Workers in British Columbia

Effective September 3, 2024, British Columbia has introduced regulations to ensure fairness and basic protections for app-based ride-hailing and delivery workers, under the Labour Statutes Amendment Act, 2023. These regulations mandate a minimum wage of $20.88 per hour for engaged time, vehicle allowances, and workers’ compensation through WorkSafeBC. Specifically, the protections apply only to workers who accept assignments via third-party apps and do not extend to other types of gig workers like freelance writers or musicians. Key measures include compensation for engaged time, expenses, and tips protection, alongside transparency requirements for job details before acceptance and clear guidelines for worker deactivation or termination. These changes aim to address issues like unpredictable pay, lack of compensation for expenses, and transparency in gig work, ensuring a safer and more equitable working environment.

Next Public Holidays – June 2024

The next public holidays in June are National Indigenous Peoples Day (North West Territories, Yukon) on June 21 and Fête nationale du Québec (St. Jean Baptiste Day) in Quebec on June 24.

Depending on the jurisdiction, employees must receive a day off with public holiday pay.

International Student Work Permit Changes:

Effective the fall semester 2024, international students holding a valid study permit will be permitted to work up to 24 hours per week off campus during the school term. The current policy permits international students to work up to only 20 hours per week off campus during the school term. This change is designed to not only help students gain work experience and offset expenses but also to address ongoing Canadian labour shortage needs. The policy permitting international students to work unlimited hours during a scheduled academic break, such as during the summer session or other school holidays, remains unchanged.

Saskatchewan Employment Act – Violence Provisions:

Effective May 17, 2024, amendments to the Saskatchewan Employment Act require all provincially regulated workplaces to have a violence policy and prevention plan. This includes:

• Commitment to minimizing or eliminating risk.
• Identification of worksites and staff positions exposed to violence.
• Procedures for informing workers about risks and handling violent incidents.
• Training programs and recommendations for workers exposed to violence.

Quebec’s Bill 42 – Workplace Harassment and Sexual Violence:

On March 27, 2024, Quebec passed Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace. This Bill strengthens preventive measures and remedies for workplace psychological harassment and sexual violence by amending several Quebec work laws, including the Act respecting labour standards (ALS), the Act respecting occupational health and safety (OHSA), and the Act respecting industrial accidents and occupational diseases (AIAOD).

Key provisions:

Employers must update their harassment policies by September 27, 2024, to include methods for identifying, controlling, and eliminating psychological harassment, including sexual harassment. This includes specific training programs, guidelines for workplace behavior, procedures for reporting and managing complaints, and measures to protect and ensure confidentiality for those involved in harassment cases. Additionally, these policies must be part of the establishment’s prevention program or action plan by October 1, 2025.

In effect since March 27, 2024, employers are prohibited from retaliating against employees who report a situation of harassment they have witnessed or who cooperate in the processing of a complaint. The cost of benefits due to employment injuries resulting from sexual violence will be automatically allocated to all employers. Additionally, Bill 42 introduces a broad definition of “sexual violence,” covering various forms of misconduct with sexual connotations, significantly increasing employers’ responsibilities for protecting workers’ health and safety.

Effective September 27, 2024, the Bill establishes stronger protections for employees who are victims of sexual violence in the workplace. Injuries or diseases resulting from sexual violence are presumed to be work-related when committed by the worker’s employer or any associated worker. Employers’ access to employees’ medical records will be limited during employment injury claim contests, with fines for non-compliance. The time limit for filing claims for employment injuries due to sexual violence is extended from six months to two years.

Minimum Wage Increase – Ontario:

Effective October 1, 2024, Ontario will increase the general minimum wage to $17.20 per hour.  Student minimum wage will increase to $16.20 per hour.

Upcoming Reporting Deadline: May 31, 2024

Entities and government institutions doing business in Canada have a responsibility to ensure that exploitative practices are addressed and eradicated from their supply chains and are reminded of the impending deadline to comply with the Fighting Against Forced Labour and Child Labour in Supply Chains Act (Bill S-211). Initial reports and a mandatory questionnaire are due by May 31, 2024. This legislation, aiming to enhance transparency in supply chains, has been in effect since January 1, 2024. Updated guidelines from Public Safety Canada are available to assist with your submission.

Working for Workers Four Act, 2023, Ontario

To expand on our communication from last month on the Ontario legislation that was passed in March 2024, the following amendments to the Employment Standards Act come into force on June 21, 2024.

Changes regarding compensation transparency, Canadian experience requirement, and AI disclosure will come into force on a future date, to be determined.

Vacation Pay:

Employment Standards Act (ESA) provides that it is required that any agreements allowing vacation pay to be paid by methods other than a lump sum before an employee’s vacation must be documented in writing. Employers are encouraged to review their policies and ensure that all agreements are compliant with this new requirement.

Tip and Gratuity Payment Procedures:

The Employment Standards Act (ESA) has been updated to include new procedures for the payment of tips and other gratuities. Beginning June 21, 2024, employers must adhere to the following methods for tip payments:

• In cash or cheque directly to the employee.
• By direct deposit, with the account meeting certain criteria.
• By any other prescribed method of payment.

Employers are also obliged to document and display any “tip pool” or “tip sharing” policies within the workplace in a conspicuous location to maintain transparency and compliance.

Minimum Wage Increase – BC

Effective June 1, 2024, British Columbia will increase the general minimum wage to $17.40 per hour, reflecting a 3.9% rise from the current minimum wage.  This rate is consistent with BC’s average rate of inflation in 2023.    

Ontario’s Legislative Advances with Bill 149

Ontario reinforces its commitment to a fair and inclusive workforce with the enactment of Bill 149, the Working for Workers Act. Receiving royal assent on March 21, 2024, Bill 149 introduces various legislative changes, including enhanced wage protection measures for service industry workers, improved access to compensation for firefighters battling cancer, job posting requirements and retention. Moreover, it sets a precedent by removing the requirement for Canadian work experience in job applications, facilitating a more equitable path for qualified candidates in crucial sectors such as healthcare. The Act also enhances support for workers recovering from injuries, aligning benefits with the cost of living.

Manitoba’s Accessible Transportation Initiative

Manitoba is making strides with the Accessible Transportation Standard, a key aspect of the Accessibility for Manitobans Act. Aiming for full compliance by 2027, this mandate requires public transportation providers to adopt inclusive measures, ensuring mobility for all residents. The standard encompasses comprehensive policies ranging from accessible vehicle requirements to public communication strategies, demonstrating Manitoba’s commitment to fostering a barrier-free transportation system.

Minimum Wage Increase:

Effective April 1, 2024 the minimum wage for federally regulated employees will increase to $17.30 per hour.

Reminder – Daylight Saving Time Begins March 10

Daylight Savings Time returns on March 10 at 2 a.m. when the clocks will be moved ahead to 3 a.m. Clocks following Daylight Saving Time are to be turned back on the first Sunday of November.

Upcoming Deadlines for Ontario Employers: Free Programs ending March 31, 2024

March 31 brings two important deadlines for Ontario employers.

1. Ontario’s Workplace Naloxone Program, aiding compliance with the Occupational Health and Safety Act, offers free naloxone training for up to two workers per workplace along with one complimentary nasal spray naloxone kit. Employers must ensure their workplace is equipped with naloxone kits, as mandated since June 1, 2023, if the employer becomes aware, or should reasonable be aware that there is a risk of an opioid overdose.
2. Reimbursement for Health and Safety Representative Training Program ending. As per the regulations outlined in the Occupational Health and Safety Act, it is mandated that workplaces with six to 19 workers have a trained Health and Safety Representative (HSR) to uphold health and safety standards. The Ontario Small Business Health and Safety Training program, which facilitates reimbursement for the training costs of HSRs, will be concluding on March 31, 2024. In order to claim the training costs, employers must ensure that HSR employees complete the required training and obtain a certificate of completion by 5:00 p.m. on March 31. Applications for reimbursement can be submitted until July 15, 2024.

New Legislation in Saskatchewan around Remembrance Day

Individuals in Saskatchewan now have the right to wear a poppy at work. The Saskatchewan Remembrance Observance Act (Bill 139) has been passed ensuring employees are able to wear a poppy recognized by the Royal Canadian legion in the workplace, unless it poses a danger to health, safety or welfare of themselves or others.

New Guidelines on Monetary Penalties under the Federal Employment Equity Act

 On February 13, 2024, Employment and Social Development Canada updated the guidelines on the Employment Equity Act. These apply to federally regulated employers who fall under the Legislated Employment Equity Program. The guidelines explain the application of monetary penalties for violations of the Act. Violations could include but are not limited to failing to file the employment equity report mandated under the Act, omitting information on the report or reporting false or misleading information. A violation could result in the Minister of Labour issuing a notice of assessment of a penalty.

Upcoming deadlines for Federal Employers: Accessibility and Pay Equity Plans

2024 is bringing two important deadlines for federal employers.

1. In accordance with the Accessible Canada Act and Regulations, organizations with 10 to 99 employees must release their inaugural accessibility plans by June 1, 2024. During the development of these plans employers must engage in consultation with individuals with disabilities. Simultaneously, larger federal employers with 100 or more employees, having previously posted accessibility plans by June 1, 2023, are now required to prepare and publish annual progress reports by June 1, 2024, detailing implemented actions and with the same required heading as the previous plan as well as requiring a heading titled “Feedback”.
2. In compliance with the Pay Equity Act and Pay Equity Regulations, federal employers with 10 or more employees must publish their pay equity plans by September 3, 2024. Larger employers and unionized ones are additionally mandated to establish pay equity committees. The process involves comparing “predominately male” to “predominately female” job classes, correcting pay equity gaps, and phasing in increases where necessary.

Manitoba recognizes Orange Shirt Day on September 30 as a Public Holiday

As of December 7, 2023, Orange Shirt Day (National Day for Truth and Reconciliation) has been formally recognized as a public (general) holiday. This designation reflects the impact of the Indian residential school system on Indigenous communities in Canada. Monday, September 30, 2024, Manitoba will observe its first Orange Shirt Day as a public holiday.

WorkSafeBC First Aid Regulatory Changes: Effective November 1, 2024:

WorkSafeBC has introduced amendments to Part 3 of the Occupational Health and Safety Regulation related to occupational first aid. The changes, approved by the Board of Directors in April 2023, focus on updating first aid requirements, particularly for remote and high-risk industries. Employers are given until November 1, 2024, to comply with these amendments, which align with Canadian Standards Association (CSA) standards.

Ontario Regulation 340/23: ESA Group Terminations:

On November 10, 2023, the Ontario government enacted Ontario Regulation 340/23, supporting group termination provisions under the Employment Standards Act, 2000 (ESA). The regulation, in line with the Working for Workers Act, 2023, includes provisions for remote employees, ensuring they receive enhanced notice in case of group termination. Employers are now required to provide specific information to the Director regarding remote employees affected by group terminations.

New T4/T4A Boxes for Canada Dental Care Plan: Starting 2023 Tax Year:

Commencing with the 2023 tax year, changes have been introduced to T4/T4A slips concerning the Canadian Dental Care Plan. Employers and pension plan administrators must now report whether payees or their family members were eligible for dental coverage due to employment. This reporting is mandatory, and failure to comply may result in penalties. New boxes, such as Box 45 for Employer-offered Dental Benefits on the T4, have been added to facilitate this reporting.

New T4/T4A Boxes for CPP/QPP Enhancement

Starting in 2024, a new earnings range between $68,500 and $73,200 will see employees contribute an extra 4% to CPP/QPP. The maximum second contribution is $188. New boxes on the T4 (Box 16A and Box 17A) will reflect these changes. Note: Actual amounts will only appear on 2024 slips

Changes to Canada Labour Code: Starting January 4, 2024

Starting January 4, 2024, amendments to the Exemptions from and Modifications to Hours of Work Provisions Regulations will introduce additional exemptions for specified classes of employees in the rail transportation, banking, and telecommunications and broadcasting sectors. The air transportation sector will see these changes implemented on June 4, 2024.

These amendments aim to provide flexibility for employers with continuous operations or unique scheduling practices. They include exemptions and modifications to hours of work provisions, such as notice of work schedules, shift changes, meal breaks, and rest periods.

Changes vary by industry and are specific to certain employee positions, such as commission-based salespeople in the banking sector. Employers in affected sectors are advised to review the updates to ensure compliance in 2024.

Changes to Canada Labour Code: Starting February 1, 2024

Under the individual termination provisions of the Code, employers must currently provide a minimum of two weeks’ notice of termination, or pay in lieu of notice, to an employee who has completed at least three months of continuous employment with the employer. The upcoming amendments introduce a graduated notice period based on the length of continuous employment. For employees with at least three months, the notice period remains unchanged at two weeks. However, once an employee completes three years of continuous employment, the notice period increases to three weeks. Thereafter, the notice period increases by one week for each additional year of service completed, up to a maximum of eight weeks’ notice or pay in lieu of notice.

Employers will also be required to provide terminated employees with a statement of benefits outlining vacation benefits, wages, severance pay and any other benefits and pay arising from employment as of the date of the statement.

WorkSafeBC Personal Optional Protection (POP) Updates for 2024:

Effective January 1, 2024, there will be changes to WorkSafeBC Personal Optional Protection (POP) amount. This adjustment, influenced by increases to British Columbia’s minimum wage, ensures sufficient coverage for employers with POP insurance in the event of work-related injuries or illnesses. POP offers optional coverage for income loss, healthcare, rehabilitation, and vocational services. The minimum monthly coverage will increase to $2,900 from $2,700, with the maximum remaining at $5,000 without providing proof of income. POP premiums may adjust accordingly, and changes will be communicated at year-end.

British Columbia Pay Transparency:

Starting November 1, 2023, Section 2 of the British Columbia Pay Transparency Act is in force, requiring employers to disclose pay range information in job postings. The Pay Transparency Regulation, B.C. Reg. 225/2023, outlines reporting requirements for employers, including gender categories and pay gap calculations. The BC government and major Crown corporations were required to produce their first annual pay transparency reports by November 1, 2023. Other employers have deadlines ranging from November 1, 2024, onwards, depending on employee numbers.

Bill 79 – Working for Workers Act, 2023:

On October 26, 2023, Ontario’s Working for Workers Act, 2023, received royal assent. Effective immediately, this legislation amends various statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. Key changes include enhanced job protection for military reservists, alterations to mass termination regulations, increased fines under the Employment Protection for Foreign Nationals Act, and new requirements for written statements at the time of hire. The Occupational Health and Safety Act fines for corporations also saw an increase from $1,500,000 to $2,000,000.

Canada Summer Jobs programs

Canada Summer Jobs program is now accepting application until January 10, 2024. This program provides wage subsidies to employers from not-for-profit organizations, public sector and private sector organizations with 50 or less full-time employees to create quality summer work experiences for young people aged 15 to 30 years.