Bill 66, which received royal assent on April 3rd, 2019, changes the Employment Standards Act, 2000 (ESA) and the Labour Relations Act (LRA).

Workplaces that are covered by the ESA should take note that:

  • Posting requirements are no more: Employers are no longer required to display a poster in the workplace delineating the ESA's applicable regulations and rules. However, employers remain obligated to provide a poster delineating ESA rules and regulations to their employees.
  • Agreements extending the ESA overtime limit no longer require approval: Employers no longer need to apply for approval to make agreements allowing their employees to exceed 48 hours of work in a work week. As long as there has been an agreement between the employer and the employee extending the amount of hours the employee can work, employers are not violating the ESA.
  • Overtime-averaging agreements no longer require approval: Employers no longer need to apply for approval to make an agreement with an employee to average their employee's hours of work for the purpose of determining entitlements to overtime pay. Note, however, that the employee's hours may be averaged in accordance with the terms of an averaging agreement only if the overtime period in the agreement does not exceed four weeks.

Workplaces that are covered by the LRA should take note that:

  • The list of non-construction employers has been expanded: municipalities, local boards, school boards, local housing corporations, hospitals, Ontario colleges and universities now no longer apply to the LRA's rules with respect to construction employees.
  • Employers listed under this new provision may opt-out, but only if: (1) A trade union represents employees of the employer who are employed, or may be employed, in the construction industry as of April 3, 2019; (2) The application must be made by a person with authority to bind the employer; and (3) The election must be filed with the Minister of Labour within three months of April 3, 2019.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.