Regulation - LGIC
Proposed amendments to certain regulations under the Employment Standards Act, 2000 if Bill 47, Making Ontario Open for Business Act, 2018, passes
Regulation Number(s):
Ontario Regulation 285/01
Ontario Regulation 502/06
Ontario Regulation 502/06
Instrument Type:
Regulation - LGIC
Bill or Act:
Employment Standards Act, 2000
Summary of Proposal:
1. Proposed amendments to O. Reg. 285/01 under the ESA, if Bill 47 passes
A. Proposal to amend the special rules that apply to Personal Emergency Leave (PEL) for certain professionals and to revoke the special rules that apply to PEL for construction employees: Section 50 of the ESA sets out entitlements to PEL.
Section 3 of O. Reg 285/01 states that section 50 of the ESA does not apply to certain professionals in circumstances in which the exercise of the entitlement would constitute an act of professional misconduct or a dereliction of professional duty. Section 3.0.1 of O. Reg 285/01 sets out a special rule that applies to construction employees who receive 0.8 per cent or more of their hourly rate or wages for personal emergency pay.
If passed, section 19 of Bill 47 would repeal section 50 of the ESA and replace it with separate entitlements to sick leave, family responsibility leave and bereavement leave. As a result, the special rules pertaining to PEL for construction employees would no longer be necessary. The special rules for certain professions would be amended to apply to the new proposed leaves.
B. Proposal to revoke exemptions from equal pay for equal work - employment status: Section 42.1 of the ESA requires equal pay for equal work on the basis of employment status. Section 9.1 of O. Reg. 285/01 exempts firefighters, students subject to the student minimum wage, and persons employed in the recorded film and television sectors from section 42.1. If passed, section 9 of Bill 47 would repeal section 42.1. As a result, the exemptions from section 42.1 would no longer be necessary.
C. Proposal to revoke exemptions from scheduling and record-keeping provisions in O. Reg. 526/17, which adds sections 4.1 and 4.2 to O. Reg. 285/01 on January 1, 2019: Scheduling and related record-keeping provisions under the ESA come into force on January 1, 2019. As of January 1, 2019, sections 4.1 and 4.2 of O. Reg. 285/01 exempt employees in the recorded film and television sectors and employees in the auto sector from specified scheduling and related record-keeping provisions.
If passed, subsections 27(2), (3) and (5) of Bill 47 would repeal the scheduling and related record-keeping provisions in the ESA. As a result, the exemptions from those provisions would no longer be necessary.
D. Proposal for exemptions from modified three hour rule: The three hour rule is currently set out in subsection 5(7) of O. Reg. 285/01. Currently, employees in occupations that are exempt from Part IX of the ESA (Minimum Wage) are therefore also exempt from the existing three hour rule in this regulation. If passed, section 5 of Bill 47 would modify the existing three hour rule and move it to a new section 21.2 of the ESA. Employees in occupations currently exempt from Part IX of the ESA would be exempt from the three hour rule contained in the proposed new section 21.2 under the ESA.
2. Proposed amendments to O. Reg. 502/06 under the ESA, if Bill 47 passes
Section 50 of the ESA sets out entitlements to Personal Emergency Leave (PEL). Section 4 of O. Reg. 502/06 modifies the application of section 50 to employees in defined industries in the auto sector. If passed, section 19 of Bill 47 would repeal section 50 of the ESA and replace it with separate entitlements to sick leave, family responsibility leave and bereavement leave. As a result, the special rules pertaining to PEL for auto sector employees would no longer be necessary.
A. Proposal to amend the special rules that apply to Personal Emergency Leave (PEL) for certain professionals and to revoke the special rules that apply to PEL for construction employees: Section 50 of the ESA sets out entitlements to PEL.
Section 3 of O. Reg 285/01 states that section 50 of the ESA does not apply to certain professionals in circumstances in which the exercise of the entitlement would constitute an act of professional misconduct or a dereliction of professional duty. Section 3.0.1 of O. Reg 285/01 sets out a special rule that applies to construction employees who receive 0.8 per cent or more of their hourly rate or wages for personal emergency pay.
If passed, section 19 of Bill 47 would repeal section 50 of the ESA and replace it with separate entitlements to sick leave, family responsibility leave and bereavement leave. As a result, the special rules pertaining to PEL for construction employees would no longer be necessary. The special rules for certain professions would be amended to apply to the new proposed leaves.
B. Proposal to revoke exemptions from equal pay for equal work - employment status: Section 42.1 of the ESA requires equal pay for equal work on the basis of employment status. Section 9.1 of O. Reg. 285/01 exempts firefighters, students subject to the student minimum wage, and persons employed in the recorded film and television sectors from section 42.1. If passed, section 9 of Bill 47 would repeal section 42.1. As a result, the exemptions from section 42.1 would no longer be necessary.
C. Proposal to revoke exemptions from scheduling and record-keeping provisions in O. Reg. 526/17, which adds sections 4.1 and 4.2 to O. Reg. 285/01 on January 1, 2019: Scheduling and related record-keeping provisions under the ESA come into force on January 1, 2019. As of January 1, 2019, sections 4.1 and 4.2 of O. Reg. 285/01 exempt employees in the recorded film and television sectors and employees in the auto sector from specified scheduling and related record-keeping provisions.
If passed, subsections 27(2), (3) and (5) of Bill 47 would repeal the scheduling and related record-keeping provisions in the ESA. As a result, the exemptions from those provisions would no longer be necessary.
D. Proposal for exemptions from modified three hour rule: The three hour rule is currently set out in subsection 5(7) of O. Reg. 285/01. Currently, employees in occupations that are exempt from Part IX of the ESA (Minimum Wage) are therefore also exempt from the existing three hour rule in this regulation. If passed, section 5 of Bill 47 would modify the existing three hour rule and move it to a new section 21.2 of the ESA. Employees in occupations currently exempt from Part IX of the ESA would be exempt from the three hour rule contained in the proposed new section 21.2 under the ESA.
2. Proposed amendments to O. Reg. 502/06 under the ESA, if Bill 47 passes
Section 50 of the ESA sets out entitlements to Personal Emergency Leave (PEL). Section 4 of O. Reg. 502/06 modifies the application of section 50 to employees in defined industries in the auto sector. If passed, section 19 of Bill 47 would repeal section 50 of the ESA and replace it with separate entitlements to sick leave, family responsibility leave and bereavement leave. As a result, the special rules pertaining to PEL for auto sector employees would no longer be necessary.
Analysis of Regulatory Impact:
N/A
Further Information:
Proposal Number:
18-MOL014
Posting Date:
November 7, 2018
Comments Due Date:
December 16, 2018
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7