Human Resources Legislative Update - Legislative Developments in Human Resources Law

On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences:

Family Caregiver Leave

Employees would be entitled to take an unpaid leave of absence to provide care or support to an individual where a qualified medical practitioner has issued a certificate stating that the individual has a serious medical condition. The term “individual” includes:

1. The employee’s spouse.
2. A parent, step-parent or foster parent of the employee or the employee’s spouse.
3. A child, step-child or foster child of the employee or the employee’s spouse.
4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
5. The spouse of a child of the employee.
6. The employee’s brother or sister.
7. A relative of the employee who is dependent on the employee for care or assistance.
8. Any individual prescribed as a family member for the purpose of this section.

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On November 29, 2010, the amendments to the Employment Standards Act, 2000 in Schedule 9 of the Open for Business Act, 2010 were proclaimed into force.  As previously reported, the Open for Business Act, 2010 is omnibus legislation and the amendments to the Employment Standards Act, 2000 will:

• allow the Director of Employment Standards to require claimants to provide specified information and let their employer know about their complaint before the claim is assigned to an officer;
• authorize employment standards officers to attempt settlements of complaints; and
• allow officers to make decisions on claims when parties fail to attend decision-making meetings or provide evidence on time.

On October 21, 2010, the Ontario government passed Bill 68, the Open for Business Act, 2010.  As previously reported, Bill 68 is omnibus legislation that includes amendments to Ontario's Employment Standards Act, 2000. These amendments will come into force on a date to be proclaimed.

Bill 68 also amends the Workplace Safety and Insurance Act, 1997, by repealing paragraph 10 of subsection 4(1) and replacing it with "To develop standards for training about first aid".  This amendment will come into force when Bill 68 receives Royal Assent.

On September 13, 2010, Bill 68, the Open For Business Act, 2010, was reported as amended by the Standing Committee on Finance and Economic Affairs and ordered for Third Reading.

As previously reported, Bill 68 is omnibus legislation that would amend Ontario's Employment Standards Act, 2000 as follows:

• to allow the Director of Employment Standards to require claimants to provide specific information and let their employer know about their complaint before the claim is assigned to an officer;
• authorize employment standards officers to attempt settlements of complaints; and
• allow officers to make decisions on claims when parties fail to attend decision-making meetings or provide evidence on time.

More information about Bill 68 and its potential impact on employers is available in our news item, "Employment Standards Changes in the Offing".

On May 17, 2010, the Ontario government introduced Bill 68, the Open For Business Act, 2010, omnibus legislation that would amend various acts, including the Employment Standards Act, 2000. If passed, these amendments would in part:

• allow the Director of Employment Standards to require claimants to provide specific information and let their employer know about their Employment Standards complaint before the claim is assigned to an officer;
• authorize employment standards officers to attempt settlements of complaints; and
• allow officers to make decisions on claims when parties fail to attend decision-making meetings or provide evidence on time.

According to the government Backgrounder, these amendments are proposed in support of the Ministry of Labour's initiative to "advance fairness in the workplace and modernize its Employment Standards program", which include:

• launching a task force in August 2010 to eliminate the backlog of 14,000 claims in two years;
• the new online severance pay decision tool for employers and employees; and
• the future launch of a termination of employment/temporary layoff tool that determines when a layoff becomes a termination, the termination date and any termination pay owing.