Category Archives: Labour

Changing Workplaces: the coming mega-battle over Ontario’s workplace rules.

An interim report on Ontario’s workplace rules tabled many far reaching options for labour law reform including a new approach to collective bargaining aimed at smaller employers.

In the spring of 2015, the Government of Ontario initiated its Changing Workplaces Review to determine what changes, if any, should be made to the province’s labour laws in light of the fact that, in the government’s own words, “non-standard employment (which includes involuntary part-time, temporary, self-employment without help and multiple job holders) has grown almost twice as fast as standard employment since 1997”.

The specific focus of the Review is on possible changes to the Ontario Employment Standards Act (ESA) and Labour Relations Act (LRA). The ESA provides a minimum set of workplace standards that apply to all Ontario workers (albeit with many exemptions) while the LRA governs union-employer relations.

On July 27, 2016, Changing Workplaces released an interim report. The report canvassed a large number of issues affecting Ontario’s workplaces and provided a broad array of options to address each issue. For the majority of workplace issues canvassed, options presented included both maintaining the generally inadequate “status quo” as well as options that would significantly increase the protections provided to the province’s workers through fundamental and far reaching changes to the ESA and LRA.

In broad terms, the Interim Report:

  • concluded that there are “too many people in too many workplaces” not receiving their basic rights guaranteed under the ESA and LRA.
  • came to two general ESA conclusions: the administration and enforcement of the ESA should be strengthened; and there should be a comprehensive review and reform of exemptions from ESA protections. An example of the kinds of exemptions that the report is concerned about are the many occupations (liquor servers, etc.) that are exempted from ESA provisions related to minimum wage and hours of work.
  • reviewed what it deems a growing problem of employer misclassification of employees as independent contractors (and therefore not covered by the protections provided by the ESA or LRA), and the use of temporary workers (deployed through temporary help agencies, etc.) who are also not covered by many provisions in Ontario labour law. The potential options identified to address these problems include: expanding the definitions of what constitutes an “employee” and an “employer”; extending the ESA’s minimum standards to “dependent” contractors (a category of worker somewhere between an employee and an independent contractor); and reviewing existing ESA exceptions and special rules (including exemptions to overtime and hours of work).
  • examined a range of options that would support the enhancement of union rights, including the potential expansion of successor rights provisions to the contracting out of services, card certification (i.e. no vote required for union certification above a designated threshold of signed union cards), automatic access to first contract arbitration, and a possible prohibition on replacement workers (i.e. a ban on strike breakers); and
  • surveyed a number of issues related to termination of employment and severance pay. Significantly, one of the issues under consideration is whether the ESA should adopt “unjust dismissal” provisions, similar to those already in federal and Quebec legislation.

Although almost all the above interim report sections include options that would significantly change the rules governing Ontario’s labour market, perhaps the most surprising feature of the report was the prominence given to various options related to what the report calls “Broader-based Bargaining Structures”. This post will explore the debate on broader-based bargaining options  that the interim report has kicked off.

First, some background on Ontario’s current labour relations framework. Continue reading

Ontario NDP Bill on Domestic Violence Gets Support of Minister, Unions

Ontario Morning News Round-up and Legislative  Agenda for Nov. 28.

Ontario News Round-Up

  • NDP MPP Peggy Sattler seems to have the support of Ontario Labour Minister Dennis Flynn for her Bill 26. The bill was reffered to the Ontario legislature’s Standing Committee on the Legislative Assembly after receiving approval at Second Reading on October 20.   Bill 26 would amend both the Employment Standards Act and the Occupational Health and Safety Act to include up to 10 days of paid leave and accommodation for victims of domestic and sexual violence.

Meanwhile, the Ontario Federation of Labour is directing the 54 unions under its umbrella to negotiate paid leave for survivors of domestic and sexual violence in all collective agreements

  • The Ontario Government has announced that Howard Sapers, Canada’s correctional investigator, will be taking on the job of reforming Ontario’s troubled corrections system. On Jan. 2, Mr. Sapers will start as an independent adviser to the provincial government tasked with leading an external review of segregation policies.
  • The debate continues over the best way to implement toll roads in Toronto. Most experts agree that that a dynamic pricing model puts a fairer price on the road, which is more in demand at certain times of day than others. However, Toronto Mayor John Tory seems to favour a flat, $2 toll.

Ontario Op-Eds and Editorials

  • Martin Regg Cohn takes a shot at Provincial Conservatives for opposing road tolls when their former leader (John Tory), has come out for them.
  • Christina Blizzard says that there is a warning to the provincial Liberals in the fact that 127 new private schools have opened since 2015 — many of them faith-based.
  • David Reevely echoes Cohn in criticizing Patrick Brown’s Conservatives for their opposition to road tolls.

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Search up-to-date Canada Fact Check databases for the full text, approval status, committee hearings and other details of all Ontario bills from the current session here!___________________________________________________________________________________

Projected Ontario Legislative Business for Friday, Nov. 28

Main Chamber Business

10:45 a.m. – Question Period. Watch Live!

1:30 p.m. – Second Reading of Bill 70, An Act to implement Budget measures and to enact and amend various statutes. Watch Live!

Ontario Legislature Committee meetings

2:00 p.m. – The Standing Committee on General Government will meet to discuss Bill 45, An Act to amend certain Acts with respect to provincial elections.

2:00 p. m. – The Standing Committee on Social Policy will meet to consider Bill 7, An Act to amend or repeal various Acts with respect to housing and planning. A full list of presenters is here. Watch Live!

Federal and Ontario News Round-up for Oct. 6

Federal News Round-up

In the House, Wednesday, the Liberal government promised new pay-equity legislation that will put the onus on employers in federally regulated industries (representing roughly 15% of the workforce) to ensure men and women are paid equally for work of equal value.

But the government is being criticized by labour groups for a timeline that won’t see the legislation tabled until 2018.

The Liberals’ approach will reverse the radical overhaul of pay equity the previous Conservative government took with the Public Service Equitable Compensation Act, which critics argued effectively killed workers’ rights for equal pay for work of equal value.

Employment Minister MaryAnn Mihychuk said Wednesday the legislation will take a “proactive” approach that’s aimed at helping employers comply with the law rather than forcing employees to lodge complaints about discriminatory wages.

Such complaints in the past have resulted in costly legal battles that are “burdensome, costly and unfair to workers,” she said.

The government intends to draw on the recommendations released in June of the special parliamentary committee on pay equity, as well as consultations it plans with experts and stakeholders for reforms that will force employers to review their compensation systems for gender-based wage disparities and fix them.

Ontario News Round-up

Ontario is undertaking a comprehensive review of how the Ontario Municipal Board (OMB) operates and its role in the province’s land-use planning system.

According to the government, possible changes to the OMB may include:

  • Allowing for more meaningful and affordable public participation
  • Giving more weight to local and provincial decisions and support alternative ways to settle disputes
  • Bringing fewer municipal and provincial decisions to the OMB
  • Supporting clearer and more predictable decision making

In March, 40 municipalities passed motions calling for major changes to the land use tribunal.

At the announcement of the review, Municipal Affairs Minister Bill Mauro said the government is considering giving more deference on decision-making to local councils.

That would make it harder for developers to go around municipal decisions and appeal to the OMB to intervene.

Ontarians wishing to participate in the consultation may submit comments online or in person at one of the town hall meetings being held across the province this fall. A consultation paper detailing the issues under review can be found here.

The deadline for providing online feedback is December 19, 2016.

The fight for a $15 per hour minimum wage in Ontario

photo $15 macondlad's

On April 4, 2016, New York Governor Andrew Cuomo signed a law which will significantly increase the minimum wage in New York  from the current rate of $9, to $15. The remarkable New York $15/hr. minimum wage victory contains many lessons for Canadian minimum wage activists.

 

On April 15, thousands of fast-food workers in more than 200 U.S. cities, and thousands more workers in other countries, including Canada, participated in a global show of force in support of a $15-per-hour minimum wage and mandatory paid sick days.

In the U. S., the $15 minimum wage campaign has made remarkable legislative gains in the past two years. In 2015, policymakers in 14 cities, counties and states approved $15 minimum wage laws including impressive legislative breakthroughs at the state level in New York and California.

In contrast with the recent U.S. experience, actual legislative victories in Canada on the minimum wage file have been extremely modest. Alberta’s general minimum wage increased to $11.20 from $10.20 per hour on October 1, 2015 and Premier Rachel Notley’s NDP government campaigned on a pledge to hike Alberta’s minimum wage to $15 per hour by 2018. The Notley campaign plank and the campaign promise by the federal NDP to re-instate a federal minimum wage and increase it to $15 per hour by 2019 are certainly encouraging as is Ontario NDP leader Andrea Horwath’s recent support for a $15/hr. minimum wage in Ontario. Continue reading

What you need to know about the Trans-Pacific Partnership (TPP)

15-10-11 TPP

Current rules under the North American free-trade agreement (NAFTA) require that 62.5 per cent of auto parts come from North America in order to avoid tariffs. Under the TPP, content requirements are lower and this may cost Canadian jobs. A 45-per-cent level will be  required to be considered duty-free for some parts and 40 per cent for other components.

 

 

What is the Trans-Pacific Partnership (TPP) ?

Canada, U.S. and Mexico have long had special access to each other’s markets under NAFTA.

Instead of a group of three as under NAFTA, twelve countries would share in the advantages of TPP membership. Broadly speaking, the Trans-Pacific Partnership (TPP) is similar to NAFTA in that it involves pledges to reduce or eliminate tariffs on a wide range of goods and services. It also sets out rules for resolving disputes and provides a modest attempt to set some minimum employment standards in the twelve member countries.

Could anything stop the implementation of the TPP?

The TPP deal still requires the approval of the U.S. Congress and many Democrats and some Republicans are expressing strong reservations about the deal.

For example, just days after the signing, leading Democratic Presidential candidate Hillary Clinton said she couldn’t support the TPP. Continue reading