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​On Oct. 23, 2018, the government of Ontario announced that it will seek to canyon the Making Ontario Open for Business Act, legislation advised to cycle aback abounding of the changes fabricated to the Employment Standards Act, 2000 (ESA) and to the Labour Relations Act, 1995, by the Fair Workplaces Better Jobs Act (Bill 148) beneath the antecedent government.

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Proposed ESA Changes

If passed, the new act will change the afterward elements of the ESA:

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          –Employees will not accept the adapted to appeal agenda and assignment area changes afterwards three months of employment.

          –Employees who are on-call and alleged in for beneath than three hours or who are on-call but not alleged in will not be acceptable for a minimum of three hours’ pay.

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          –Employees who accept a about-face or on-call about-face annulled with beneath than 48 hours’ apprehension will not be acceptable for three hours’ pay.

          –Employees who are appointed to assignment a about-face with beneath than 96 hours of apprehension will not be advantaged to debris the shift.

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          –Employers’ record-keeping obligations are alternate to pre-Bill 148 requirements.

          –Three claimed affliction days.

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          –Two afflication days.

          –Three ancestors albatross days. While the government did not specify whether these leaves would be paid or unpaid, it is actuality appear by assorted sources that they will be unpaid.

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Unchanged in the ESA by the new act are:

Proposed Labour Relations Act Changes

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The new act additionally proposes to accomplish abundant changes to the Labour Relations Act, including:

If passed, which is acceptable accustomed that the government holds a majority of the seats in the Legislature, these changes will abundantly abate the obligations on administration created by Bill 148 aftermost year.

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Elliot P. Saccucci and Hugh R. Dyer are attorneys with Miller Thomson in Toronto. © 2018 Miller Thomson. All rights reserved. Reposted with permission of Lexology.

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