The Modernization of Laws in Canada

Details: Written by: Henna Razvi; 28 December 2022

Adapting to emerging work-force trends.

THE GOAL

Canadian employment laws aim to create fair working conditions, pay, and work-life balance. The government made the independent Expert Panel on Modern Federal Labour Standards of Canada in 2019 to consult on issues facing Canadian employers and workers.[1]

2019 to 2021

From 2019 to 2021, many laws have changed surrounding leaves, work hours, wages, terminations, administration, and enforcement of labour standards, holidays, work hours, breaks, and overtime.

Ontario employers can internally regulate their companies independently of the government was proposed in Bill 66, which received royal assent in April 2019. Ontario public sector employees have an annual salary increase cap of 1% for the next three years. April 2019 also saw changes in minimum standards legislation, a reduction in the minimum wage, and reducing lieu time entitlements in Alberta. The addition of new leaves of absence, expansion of unpaid wage liability from six to 12 months, and records retention rules made by British Columbia's government. Federally Regulated Employers saw changes, including additional employee rights about shift changes, requesting flexible work, and other leave entitlements including leave for traditional Aboriginal practices, bereavement leave, medical leave, and court/jury duty leave).[2]

2022

More recently, Bill C-3, an act to amend the Criminal Code and the Canada Labour Code, introduced two significant changes: new paid medical leave provisions and new bereavement leave provisions. The new medical leave provisions require employers to provide up to 10 days of paid sick leave based on length of service. Employees are entitled to 3 days of paid bereavement if they have completed three consecutive months of employment. These changes are effective by December 1, 2022.

On October 1, 2022, the Regulations Amending Certain Regulations Made Under the Canada Labour Code proposed reimbursement of reasonable work-related expenses, the service of documents, and a regular rate of wages. The proposed regulations consider whether the cost is connected to an employee's work performance, where the expense is required as a condition of employment, and if the expense enables an employee to perform the work.

Expert Contribution:

Vita Gauley, Lancaster Chown & Welch LLP
Vita is a Partner at Lancaster Chown & Welch LLP in the Labour and Employment Law Practice Group which provides support and legal advice on a wide range of employment related legal matters.

ONTARIO’S LEGISLATION

Ontario is the first province in Canada to legislate a “right to disconnect” for employees. Effective June 2, 2022, any employer with 25 employees or more must have a written “disconnect from work” policy. Similarly, Ontario’s Employment Standards Act, under Bill 88, requires employers with 25 employees or more to have a written “Electronic Monitoring” policy for businesses that monitor their employees.[3]|[4]

Vita Gauley, a partner at Lancaster Chown & Welch LLP (LCW), has been supporting clients in ensuring that written policies are in place and employer expectations are articulated clearly to avoid “greater after hours communication than may be ultimately needed”. "The legislation itself highlights that if the employer's policy on disconnecting from work does not create a greater right or benefit, the policy is not enforceable under the Employment Standards Act. This effectively suggests that there is no legal right created to disconnect unless an Employer has by policy created one." Vita points out that it is unlikely that employers will document an expanded “disconnect from work” policy.

Expert Contribution:

Josh Bond, Flett Beccario, Barristers & Solicitors
Practicing law since 2004, Mr. Bond completed his Bachelor of Laws at the University of Windsor, relocating his family to Niagara and joining Flett Beccario in 2018.

IMPACT ON EMPLOYEE-EMPLOYER RELATIONSHIPS

In a time where digital communication is prevalent in our society, we had to further distance ourselves from each other due to the Covid-19 pandemic. The "right to disconnect" can potentially "exacerbate an already existing problem of a lack of trust" between employees and employers, as per John Ikola and Josh Bond from Flett Baccario, Barristers & Solicitors. It can pit employers against employees and break down trust. Being employers themselves, they understand how important it is to facilitate flexibility in their organization so their employees can have a work-life balance. "If they want to watch your kid's soccer game or attend a personal call during work hours, we understand. We want you to have a family or a personal life outside work." Said Josh. “When you codify laws like this, you must anticipate that some employers may create new rules like no phones at work." Many more systemic issues also stress employee and employer relations, but lawmakers should examine future employment laws for their full implications.

With more remote or hybrid options on the job market comes complicated legal risks of health, safety, digital security, tax, and immigration. Federal and provincial governments are working on updating legislation to meet the needs of the newly emerging work environment. Canadians should stay informed about the changes, provide input where they can, and make informed choices about the impacts of laws that are far more complex than they seem.

Expert Contribution:

John Ikola, Flett Beccario, Barristers & Solicitors
Called to the bar of Ontario in 2019, Mr. Ikola completed his Juris Doctor at the University of Western Ontario. Prior to being called to the bar, he was an esteemed instructor at Brock University for over 10 years