Labour & Employment Bulletin:

What You Should Know About Bill 27

 

  • Background

On October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021 (“Bill 27”)[1] which proposes significant legislative changes to the labor and employment landscape in Ontario.

As of this writing, Bill 27 has passed First Reading and Second Reading in the Legislative Assembly and has been referred to the Standing Committee on Social Policy for further consideration and public consultation.

Here’s what you should know about Bill 27…

__________________________________________________________________________________________________

  • Proposed Changes

Below are some of the key legislative changes proposed by Bill 27:

  • Minimum Wage Increase

Bill 27 proposes an increase to the general minimum wage, effective January 1, 2022, from $14.35 per hour to $15.00 per hour. The Act would also eliminate the special minimum wage rate for liquor servers, thus entitling these workers to the general minimum wage.

 

  • “Disconnecting from Work”

Employers that employ 25 or more employees will be required to implement a written policy by March 1st of each year regarding employees’ ability to disconnect from work. Disconnecting from work is defined as, “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” Such policies are intended to address expectations around email response times and after-hours work notifications.

  • Prohibiting Non-Compete Agreements

Bill 27 would prohibit employers from entering into employment contracts or other agreements with employees which constitute or contain non-compete clauses that restrict the employee from engaging in “any business, work, occupation, profession, project or other activity that is in competition with the employer’s business” once the employee-employer relationship ends. One important exception to this ban on non-compete agreements is in the context of the sale of a business or part of a business in which the seller becomes an employee of the purchaser immediately following the sale. Employers may also continue to rely on non-solicitation covenants to prohibit departing employees from soliciting customers, business partners, and other employees.

  • Licensing Requirements for Temporary Help Agencies & Recruiters

Bill 27 proposes a comprehensive licensing framework for Temporary Help Agencies (THAs) and recruiters to address labour exploitation. The Director of Employment Standards of the Ontario Ministry of Labour will have discretion with respect to the issuing, suspension and revocation of these operating licenses, subject to appeal to the Ontario Labour Relations Board. The Act proposes a proactive inspection regime with penalties for unlicensed agencies and recruiters and for third parties who knowingly utilize them.

 

  • Prohibiting Canadian Work Experience Requirements for Regulated Professions

The Act would amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to prohibit regulated professions (such as law, accounting, architecture, engineering, etc.) from including Canadian work experience requirements for internationally trained candidates as part of the licensing process, unless an exemption is granted.

  • Enhanced COVID-19 Support for Certain Employers

To assist businesses in coping with the impact of COVID-19, Bill 27 provides for the distribution of surpluses in excess of prescribed amounts in the Workplace Safety and Insurance Board (WSIB) Insurance Fund to qualifying Schedule 1 employers under the Workplace Safety and Insurance Act, 1997.

  • Requiring Washroom Access for Delivery Workers

Bill 27 proposes amendments to the Occupational Health and Safety Act which would require business owners to provide washroom access for workers making deliveries to and from the workplace, subject to certain health and safety related exemptions.

  • What Employers Should Do

 

If enacted, Bill 27 will impose new obligations on employers which must be complied with as early as 6 months from the Act’s effective date. Employers should stay abreast of the legislative status of Bill 27 and consider advanced planning with respect to any applicable changes.

If you have additional questions regarding Bill 27 or how it may impact your business, please contact Willis Business Law. We would be happy to assist and guide you through any legislative changes affecting your workplace.

By Corinne McConnell | November 11, 2021

[1] Bill 27, An Act to amend various statutes with respect to employment and labour and other matters [PDF] (short title: Working for Workers Act, 2021), Committee Stage.

Labour & Employment Bulletin:

What You Should Know About Bill 27

 

  • Background

On October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021 (“Bill 27”)[1] which proposes significant legislative changes to the labor and employment landscape in Ontario.

As of this writing, Bill 27 has passed First Reading and Second Reading in the Legislative Assembly and has been referred to the Standing Committee on Social Policy for further consideration and public consultation.

Here’s what you should know about Bill 27…

__________________________________________________________________________________________________

  • Proposed Changes

Below are some of the key legislative changes proposed by Bill 27:

  • Minimum Wage Increase

Bill 27 proposes an increase to the general minimum wage, effective January 1, 2022, from $14.35 per hour to $15.00 per hour. The Act would also eliminate the special minimum wage rate for liquor servers, thus entitling these workers to the general minimum wage.

 

  • “Disconnecting from Work”

Employers that employ 25 or more employees will be required to implement a written policy by March 1st of each year regarding employees’ ability to disconnect from work. Disconnecting from work is defined as, “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” Such policies are intended to address expectations around email response times and after-hours work notifications.

  • Prohibiting Non-Compete Agreements

Bill 27 would prohibit employers from entering into employment contracts or other agreements with employees which constitute or contain non-compete clauses that restrict the employee from engaging in “any business, work, occupation, profession, project or other activity that is in competition with the employer’s business” once the employee-employer relationship ends. One important exception to this ban on non-compete agreements is in the context of the sale of a business or part of a business in which the seller becomes an employee of the purchaser immediately following the sale. Employers may also continue to rely on non-solicitation covenants to prohibit departing employees from soliciting customers, business partners, and other employees.

  • Licensing Requirements for Temporary Help Agencies & Recruiters

Bill 27 proposes a comprehensive licensing framework for Temporary Help Agencies (THAs) and recruiters to address labour exploitation. The Director of Employment Standards of the Ontario Ministry of Labour will have discretion with respect to the issuing, suspension and revocation of these operating licenses, subject to appeal to the Ontario Labour Relations Board. The Act proposes a proactive inspection regime with penalties for unlicensed agencies and recruiters and for third parties who knowingly utilize them.

 

  • Prohibiting Canadian Work Experience Requirements for Regulated Professions

The Act would amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to prohibit regulated professions (such as law, accounting, architecture, engineering, etc.) from including Canadian work experience requirements for internationally trained candidates as part of the licensing process, unless an exemption is granted.

  • Enhanced COVID-19 Support for Certain Employers

To assist businesses in coping with the impact of COVID-19, Bill 27 provides for the distribution of surpluses in excess of prescribed amounts in the Workplace Safety and Insurance Board (WSIB) Insurance Fund to qualifying Schedule 1 employers under the Workplace Safety and Insurance Act, 1997.

  • Requiring Washroom Access for Delivery Workers

Bill 27 proposes amendments to the Occupational Health and Safety Act which would require business owners to provide washroom access for workers making deliveries to and from the workplace, subject to certain health and safety related exemptions.

  • What Employers Should Do

 

If enacted, Bill 27 will impose new obligations on employers which must be complied with as early as 6 months from the Act’s effective date. Employers should stay abreast of the legislative status of Bill 27 and consider advanced planning with respect to any applicable changes.

If you have additional questions regarding Bill 27 or how it may impact your business, please contact Willis Business Law. We would be happy to assist and guide you through any legislative changes affecting your workplace.

By Corinne McConnell | November 11, 2021

[1] Bill 27, An Act to amend various statutes with respect to employment and labour and other matters [PDF] (short title: Working for Workers Act, 2021), Committee Stage.

Labour & Employment Bulletin:

What You Should Know About Bill 27

 

  • Background

On October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021 (“Bill 27”)[1] which proposes significant legislative changes to the labor and employment landscape in Ontario.

As of this writing, Bill 27 has passed First Reading and Second Reading in the Legislative Assembly and has been referred to the Standing Committee on Social Policy for further consideration and public consultation.

Here’s what you should know about Bill 27…

__________________________________________________________________________________________________

  • Proposed Changes

Below are some of the key legislative changes proposed by Bill 27:

  • Minimum Wage Increase

Bill 27 proposes an increase to the general minimum wage, effective January 1, 2022, from $14.35 per hour to $15.00 per hour. The Act would also eliminate the special minimum wage rate for liquor servers, thus entitling these workers to the general minimum wage.

 

  • “Disconnecting from Work”

Employers that employ 25 or more employees will be required to implement a written policy by March 1st of each year regarding employees’ ability to disconnect from work. Disconnecting from work is defined as, “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” Such policies are intended to address expectations around email response times and after-hours work notifications.

  • Prohibiting Non-Compete Agreements

Bill 27 would prohibit employers from entering into employment contracts or other agreements with employees which constitute or contain non-compete clauses that restrict the employee from engaging in “any business, work, occupation, profession, project or other activity that is in competition with the employer’s business” once the employee-employer relationship ends. One important exception to this ban on non-compete agreements is in the context of the sale of a business or part of a business in which the seller becomes an employee of the purchaser immediately following the sale. Employers may also continue to rely on non-solicitation covenants to prohibit departing employees from soliciting customers, business partners, and other employees.

  • Licensing Requirements for Temporary Help Agencies & Recruiters

Bill 27 proposes a comprehensive licensing framework for Temporary Help Agencies (THAs) and recruiters to address labour exploitation. The Director of Employment Standards of the Ontario Ministry of Labour will have discretion with respect to the issuing, suspension and revocation of these operating licenses, subject to appeal to the Ontario Labour Relations Board. The Act proposes a proactive inspection regime with penalties for unlicensed agencies and recruiters and for third parties who knowingly utilize them.

 

  • Prohibiting Canadian Work Experience Requirements for Regulated Professions

The Act would amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to prohibit regulated professions (such as law, accounting, architecture, engineering, etc.) from including Canadian work experience requirements for internationally trained candidates as part of the licensing process, unless an exemption is granted.

  • Enhanced COVID-19 Support for Certain Employers

To assist businesses in coping with the impact of COVID-19, Bill 27 provides for the distribution of surpluses in excess of prescribed amounts in the Workplace Safety and Insurance Board (WSIB) Insurance Fund to qualifying Schedule 1 employers under the Workplace Safety and Insurance Act, 1997.

  • Requiring Washroom Access for Delivery Workers

Bill 27 proposes amendments to the Occupational Health and Safety Act which would require business owners to provide washroom access for workers making deliveries to and from the workplace, subject to certain health and safety related exemptions.

  • What Employers Should Do

 

If enacted, Bill 27 will impose new obligations on employers which must be complied with as early as 6 months from the Act’s effective date. Employers should stay abreast of the legislative status of Bill 27 and consider advanced planning with respect to any applicable changes.

If you have additional questions regarding Bill 27 or how it may impact your business, please contact Willis Business Law. We would be happy to assist and guide you through any legislative changes affecting your workplace.

By Corinne McConnell | November 11, 2021

[1] Bill 27, An Act to amend various statutes with respect to employment and labour and other matters [PDF] (short title: Working for Workers Act, 2021), Committee Stage.

Labour & Employment Bulletin:

What You Should Know About Bill 27

 

  • Background

On October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021 (“Bill 27”)[1] which proposes significant legislative changes to the labor and employment landscape in Ontario.

As of this writing, Bill 27 has passed First Reading and Second Reading in the Legislative Assembly and has been referred to the Standing Committee on Social Policy for further consideration and public consultation.

Here’s what you should know about Bill 27…

__________________________________________________________________________________________________

  • Proposed Changes

Below are some of the key legislative changes proposed by Bill 27:

  • Minimum Wage Increase

Bill 27 proposes an increase to the general minimum wage, effective January 1, 2022, from $14.35 per hour to $15.00 per hour. The Act would also eliminate the special minimum wage rate for liquor servers, thus entitling these workers to the general minimum wage.

 

  • “Disconnecting from Work”

Employers that employ 25 or more employees will be required to implement a written policy by March 1st of each year regarding employees’ ability to disconnect from work. Disconnecting from work is defined as, “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” Such policies are intended to address expectations around email response times and after-hours work notifications.

  • Prohibiting Non-Compete Agreements

Bill 27 would prohibit employers from entering into employment contracts or other agreements with employees which constitute or contain non-compete clauses that restrict the employee from engaging in “any business, work, occupation, profession, project or other activity that is in competition with the employer’s business” once the employee-employer relationship ends. One important exception to this ban on non-compete agreements is in the context of the sale of a business or part of a business in which the seller becomes an employee of the purchaser immediately following the sale. Employers may also continue to rely on non-solicitation covenants to prohibit departing employees from soliciting customers, business partners, and other employees.

  • Licensing Requirements for Temporary Help Agencies & Recruiters

Bill 27 proposes a comprehensive licensing framework for Temporary Help Agencies (THAs) and recruiters to address labour exploitation. The Director of Employment Standards of the Ontario Ministry of Labour will have discretion with respect to the issuing, suspension and revocation of these operating licenses, subject to appeal to the Ontario Labour Relations Board. The Act proposes a proactive inspection regime with penalties for unlicensed agencies and recruiters and for third parties who knowingly utilize them.

 

  • Prohibiting Canadian Work Experience Requirements for Regulated Professions

The Act would amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to prohibit regulated professions (such as law, accounting, architecture, engineering, etc.) from including Canadian work experience requirements for internationally trained candidates as part of the licensing process, unless an exemption is granted.

  • Enhanced COVID-19 Support for Certain Employers

To assist businesses in coping with the impact of COVID-19, Bill 27 provides for the distribution of surpluses in excess of prescribed amounts in the Workplace Safety and Insurance Board (WSIB) Insurance Fund to qualifying Schedule 1 employers under the Workplace Safety and Insurance Act, 1997.

  • Requiring Washroom Access for Delivery Workers

Bill 27 proposes amendments to the Occupational Health and Safety Act which would require business owners to provide washroom access for workers making deliveries to and from the workplace, subject to certain health and safety related exemptions.

  • What Employers Should Do

 

If enacted, Bill 27 will impose new obligations on employers which must be complied with as early as 6 months from the Act’s effective date. Employers should stay abreast of the legislative status of Bill 27 and consider advanced planning with respect to any applicable changes.

If you have additional questions regarding Bill 27 or how it may impact your business, please contact Willis Business Law. We would be happy to assist and guide you through any legislative changes affecting your workplace.

By Corinne McConnell | November 11, 2021

[1] Bill 27, An Act to amend various statutes with respect to employment and labour and other matters [PDF] (short title: Working for Workers Act, 2021), Committee Stage.

Labour & Employment Bulletin:

What You Should Know About Bill 27

 

  • Background

On October 25, 2021, the Ontario Government introduced the Working for Workers Act, 2021 (“Bill 27”)[1] which proposes significant legislative changes to the labor and employment landscape in Ontario.

As of this writing, Bill 27 has passed First Reading and Second Reading in the Legislative Assembly and has been referred to the Standing Committee on Social Policy for further consideration and public consultation.

Here’s what you should know about Bill 27…

__________________________________________________________________________________________________

  • Proposed Changes

Below are some of the key legislative changes proposed by Bill 27:

  • Minimum Wage Increase

Bill 27 proposes an increase to the general minimum wage, effective January 1, 2022, from $14.35 per hour to $15.00 per hour. The Act would also eliminate the special minimum wage rate for liquor servers, thus entitling these workers to the general minimum wage.

 

  • “Disconnecting from Work”

Employers that employ 25 or more employees will be required to implement a written policy by March 1st of each year regarding employees’ ability to disconnect from work. Disconnecting from work is defined as, “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” Such policies are intended to address expectations around email response times and after-hours work notifications.

  • Prohibiting Non-Compete Agreements

Bill 27 would prohibit employers from entering into employment contracts or other agreements with employees which constitute or contain non-compete clauses that restrict the employee from engaging in “any business, work, occupation, profession, project or other activity that is in competition with the employer’s business” once the employee-employer relationship ends. One important exception to this ban on non-compete agreements is in the context of the sale of a business or part of a business in which the seller becomes an employee of the purchaser immediately following the sale. Employers may also continue to rely on non-solicitation covenants to prohibit departing employees from soliciting customers, business partners, and other employees.

  • Licensing Requirements for Temporary Help Agencies & Recruiters

Bill 27 proposes a comprehensive licensing framework for Temporary Help Agencies (THAs) and recruiters to address labour exploitation. The Director of Employment Standards of the Ontario Ministry of Labour will have discretion with respect to the issuing, suspension and revocation of these operating licenses, subject to appeal to the Ontario Labour Relations Board. The Act proposes a proactive inspection regime with penalties for unlicensed agencies and recruiters and for third parties who knowingly utilize them.

 

  • Prohibiting Canadian Work Experience Requirements for Regulated Professions

The Act would amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to prohibit regulated professions (such as law, accounting, architecture, engineering, etc.) from including Canadian work experience requirements for internationally trained candidates as part of the licensing process, unless an exemption is granted.

  • Enhanced COVID-19 Support for Certain Employers

To assist businesses in coping with the impact of COVID-19, Bill 27 provides for the distribution of surpluses in excess of prescribed amounts in the Workplace Safety and Insurance Board (WSIB) Insurance Fund to qualifying Schedule 1 employers under the Workplace Safety and Insurance Act, 1997.

  • Requiring Washroom Access for Delivery Workers

Bill 27 proposes amendments to the Occupational Health and Safety Act which would require business owners to provide washroom access for workers making deliveries to and from the workplace, subject to certain health and safety related exemptions.

  • What Employers Should Do

 

If enacted, Bill 27 will impose new obligations on employers which must be complied with as early as 6 months from the Act’s effective date. Employers should stay abreast of the legislative status of Bill 27 and consider advanced planning with respect to any applicable changes.

If you have additional questions regarding Bill 27 or how it may impact your business, please contact Willis Business Law. We would be happy to assist and guide you through any legislative changes affecting your workplace.

By Corinne McConnell | November 11, 2021

[1] Bill 27, An Act to amend various statutes with respect to employment and labour and other matters [PDF] (short title: Working for Workers Act, 2021), Committee Stage.

By |2021-11-09T20:49:47+00:00November 9th, 2021|

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