Michael Piaseczny
Associate
Article
6
On March 21, 2024, the Government of Ontario announced it had passed the Working for Workers Four Act, 2024 (the "Act"). Earlier in the year, we outlined in a previous bulletin the myriad of legislative changes proposed by this Act, which particularly impacts employers in the restaurant and hospitality industries.
With the Act now receiving Royal Assent, we detail the amendments impacting employers:
The Act establishes several amendments to the Employment Standards Act, 2000, which includes:
These amendments placing new obligations on employers are not yet currently in force. These amendments will become law on a date set by the Lieutenant Governor.
*We note that although the proposed prohibition on requiring Canadian experience does not remove the consideration of such experience, employers must be reminded of the Ontario Human Rights Commission's policy regarding Canadian work experience. The Commission is of the view that requiring Canadian work experience is prima facie discrimination and, as such, employers must proceed with caution as to their obligations under the Ontario Human Rights Code.[1]
The amendments concerning tips and gratuities and alternate pay (vacation) arrangements will come into force on June 21, 2024. The other three amendments are now in force and therefore law in the province.
*As we highlighted in our previous bulletin, it remains unclear as to the true impact that the proposed changes to employee wage and salary deductions and withholdings will have. As it currently stands, section 13(1) of the Employment Standards Act, 2000[2] prohibits employers from deducting or withholding an employee's wages or causing the employee to return wages in certain scenarios:
Deductions, etc.
13 (1) An employer shall not withhold wages payable to an employee, make a deduction from an employee's wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section.
The Act has implemented amendments to the Workplace Safety and Insurance Act, 1997[3], which include:
These amendments are not yet currently in force. These amendments will become law on a date set by the Lieutenant Governor.
The Act has also introduced minor amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 and the Digital Platform Workers' Rights Act, 2022.
It is important to note that just because an Act receives Royal Assent, not every amendment becomes law on such date.
We will continue to provide updates when the aforementioned sections become law. Gowling WLG's Employment, Labour & Equalities Group will continue to monitor these developments closely. In the meantime, please contact any members of the Employment, Labour & Equalities Group.
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