Government releases ESA consultation paper

The Ontario government is proposing to “modernize and clarify” the Employment Standards Act in what it says is the first comprehensive updating of the legislation since 1974. In preparation for this modernization, the government issued a consultation paper on July 26, 2000, in which it set out its proposals.

The issues covered by the consultation paper include:

  • Allowing flexible work arrangements. Under this heading, the government proposes to eliminate the permit system for allowing excess hours and to make other changes to the provisions dealing with hours of work, overtime, paid vacation and public holidays.
  • Adding an unpaid family leave entitlement for up to 10 days of leave per year to deal with family crises, illness or death.
  • Updating the definition of an “employee” covered by the Act to reflect new work arrangements.
  • Adopting a policy for assessing whether certain occupations or industries should be exempted from some employment standards.
  • Simplifying the Act’s administration and eliminating the need for approval for some variations from standards.
  • Encouraging internal resolution of disputes between the parties before involving the Ministry of Labour, while escalating monetary penalties to discourage breaches of the Act.

Related Articles

Time Off for Voting: Employer Obligations on Election Day

The federal election has been called for Monday, April 28, 2025. Employers should be aware that they may be required…

Interest Arbitrator Declines to Deviate from Unratified Tentative Agreement Absent Compelling and Extraordinary Circumstances

The decision in Canadian Airport Workers Union (CAWU) v GardaWorld Security Screening Inc., 2024 CanLII 92092 (CA LA) confirmed that…

Ontario Court of Appeal Finds Settlement Documents Released Employee’s Entitlement to Vested Stocks

In Preston v. Cervus Equipment Corporation, 2024 ONCA 804, the Court of Appeal for Ontario found that Minutes of Settlement…