"Twas The Time Before Christmas: An Ode to Ontario Employment Law

‘Twas the November before Christmas at the employment law boutique,

Client matters addressed for another year, some mundane, some unique.

Contracts, policies and plans were drafted and tweaked with such care,

Actions and applications reviewed, managed and wrapped up with some flare.

The lawyers were busy, settled into their offices,

With the admin staff working hard, we all know they’re the real bosses.

Year-end reports being drafted, deadlines checked and diarized,

But everyone knew the holiday break soon would arrive.

When out of the silence I heard a small ping,

I looked and saw a new e-mail, what news would it bring?

Over to my mouse, my hand flew in a flash,

I opened up Outlook to take a quick glance.

The cursor it flashed on the bright laptop screen,

And the words “News Release” could clearly be seen.

When what to my wondering eyes should appear,

But the words “Working for Workers.” Was I seeing that clear?

The ink was just drying on the newly passed Working for Workers Act, 2023,

But there seemed to be more – focused on transparency.

The government, you see, thought more guidance was needed,

To ensure workplace parties were more fairly treated.

“The Ontario government is introducing new legislation” it announced;

And I kept on reading, to see what was pronounced.

As I read through the email, the proposals they came,

And it listed the Acts, and called them by name:

First ESA, OHSA, and then Digital Platform Workers were listed,

But also, WSIA and Fair Access to Regulated Professions and Compulsory Trades Act were printed.

The government, it seemed, did not intend to stop at Working for Workers Act, part 3.

For here was part 4, and more proposed employment legislation changes to see (check out my colleague, Alissa Scarcello’s article summarizing the changes here).

I spoke not a word as I sat at my desk,

And thought to myself, I guess those template agreements I’ll have to check.

But that’s not a rush, our clients need not be concerned,

Maybe a small tweak when the legislature returns.

In the meantime, we move through December, bringing other reminders,

There are policies to look at, it’s still a bit of a grinder.

For there are certain policies Ontario employers must review at least once a year,

So that visits from the MOL they don’t fear.

Health and Safety, Workplace Harassment and Workplace Violence are three,

But there’s a couple of other checks that are key.

For if you have 25 or more employees in Ontario on January 1st,

Your Disconnecting from Work and Electronic Monitoring policies must be versed.

And once that’s all done, let’s not forget training,

Required where policies are enacted or changing.

Also important, is to keep on file,

Records of those who attended, the date of training and the materials – keep these for a while.

Also important is the AODA compliance report deadline,

December 31st for businesses and nonprofits with 20 or more employees (and designated public-sector organizations) is the key time.

You must confirm your compliance (now and ongoing) with the AODA,

And submit a compliance report to the Ontario government by end of that day. (Review the steps here. Please note: Employers with 50 or more employees, you have additional reporting obligations.)

The report is a short questionnaire, you will find,

To be completed by someone that the organization they can legally bind.

And once submitted, an idea for employers going forward,

Diarize every 3 years (2 years for public-sector organizations), for ongoing AODA compliance report filing is ordered.

On one final note, for those employers that are federally-regulated,

Make sure the deadline of February 1, 2024 is on your calendars dated.

For that is the deadline previously announced

for amendments to the Canada Labour Code to come into effect and to count.

These changes, you see, call for graduated notice of termination to be provided,

To any employees whose termination date has been decided.

On February 1st, federally-regulated employers will have to give notice of termination or pay in lieu,

Similar to what provincially-regulated employers do.

So, employers I remind you to look and review,

All of your contracts, policies and handbooks too.

The new year and its obligations are on the precipice,

But for now, the brightness of the holiday season is upon us.

So, as this post comes to an end, we at Piccolo Heath hope your holidays are bright,

Merry Christmas and Happy Holidays to all, and to all a good night.