Fair Workplaces, Better Jobs Act, 2017
This Explanatory Note was written as a reader’s aid to Bill 148 and does not form part of the law.
Bill 148 has been enacted as Chapter 22 of the Statutes of Ontario, 2017.
employment standards act, 2000
The Schedule makes various amendments to the Employment Standards Act, 2000.
The Act is amended to bind the Crown, subject to an exception in section 4 of the Act (Separate persons treated as one employer).
New section 5.1 prohibits employers from treating, for the purposes of the Act, a person who is their employee as if the person were not an employee under the Act.
New Part VII.1 (Requests for Changes to Schedule or Work Location) adds an ability for employees to request changes to their schedule or work location. Employers who receive these requests must discuss them with the employee and either grant them or provide reasons for a denial.
New Part VII.2 (Scheduling) sets out new scheduling provisions. These include a minimum of three hours’ pay for shifts that are under three hours, minimum pay for being on call, a right to refuse requests or demands to work on a day that an employee is not scheduled to work with insufficient notice and entitlement to pay for three hours of work in the event of cancellation with insufficient notice. The existing power to make regulations requiring employers to pay a minimum prescribed amount to employees who work fewer than three hours in a day is repealed.
Part VIII (Overtime Pay) is amended to establish a rule for overtime pay for employees who have two or more regular rates for work performed for the same employer.
Section 23.1 (Determination of minimum wage) is amended to increase the minimum wage on January 1, 2018. The minimum wage increases again on January 1, 2019 and is subject to an annual inflation adjustment on October 1 of every year starting in 2019. The minimum wage for employees who serve liquor now applies only if the employee also regularly receives tips or other gratuities from their work.