Overview

  • Each year there are amendments to legislation, arbitration decisions, and caselaw decisions that impact your obligations, rights, and powers as an employer
  • The purpose of today's webinar is to review a sampling of key legislative amendments and case law developments
  • This webinar acts as a compliment to the issue specific seminars and webinars that we hold throughout the year
  • This webinar should not be relied on in lieu of legal advice, and you should always consult with your labour lawyer to understand your legal options and obligations

1)i) Legislative Amendments: Bill 124 Repealed

  • On November 8, 2019, the Ontario government proclaimed into force Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019
  • Under Bill 124, there was to be salary moderation and compensation restraint measures for both unionized and non-unionized employees, employed by the Ontario government, Crown agencies, and organizations funded by the Ontario government
  • In response, unions took the position that Bill 124 interfered with collective bargaining rights, in violation of section 2(d) of the Charter
  • On November 29, 2022, the Ontario Superior Court held that Bill 124 violated section 2(d) of the Charter and could not be saved by section 1 of the Charter
  • As such, the Ontario Superior Court held that Bill 124 was struck down as void and of no effect
  • The Ontario Government then appealed the decision to the Ontario Court of Appeal

1)i) Legislative Amendments: Bill 124 Repealed

  • In review, the Ontario Court of AppealAfter the decision was released, the Ontario Government announced that it would not be appealing the decision and instead would repeal Bill 124 held that the Act substantially interfered with collective bargaining rights and was not saved by section 1 of the Charter
  • After the decision was released, the Ontario Government announced that it would not be appealing the decision and instead would repeal Bill 124
  • On February 23, 2024, the Ontario Government repealed Bill 124, in its entirety through an Order in Council

1)i) Legislative Amendments: Bill 124 Repealed

  • As a result of the repeal of Bill 124, many unions are seeking retroactive pay increases
  • For some employers impacted by the now repealed Bill 124, the collective agreement expressly addresses what would occur if Bill 124 was repealed (e.g. retroactive salary increases of x%)
  • For other employers impacted by the now repealed Bill 124, the collective agreement did not address what would occur if Bill 124 was repealed
  • All employers who were impacted by Bill 124, should be prepared for at least some effort by the union to see if retroactive pay increases are possible

1)ii) Legislative Amendments: Construction Site Bathrooms

  • On July 1, 2023, O. Reg. 61/23 came into force, amending O. Reg. 213/91: Construction Projects
  • Further to this regulatory amendment, construction employers are now required for projects with more than 76 workers to provide at least one designated washroom for women, where reasonable
  • In addition, for projects with less than 76 workers, there has to be a separate washroom for women, unless the washrooms are designed to be used one person at a time

2)a) Caselaw: Bargaining Rights: Non-Construction Employer Provisions in the Labour Relations Act Do Not Infringe the Charter Rights and Freedoms

  • As a part of Bill 66, Restoring Ontario's Competitive Act, 2019, the Provincial Government amended the Labour Relations Act to deem certain public sector entities such as municipalities and universities as "non-construction employers" ("NCE") who would then be exempt from the construction industry provisions of the Labour Relations Act
  • The construction industry provisions of the Labour Relations Act establishes special rules for collective bargaining in the construction industry, including Province-wide collective agreements
  • The amendments to the Labour Relations Act meant that the Province-wide collective agreements would no longer be binding upon NCEs
  • Subsequent to the passing of Bill 66, the Union had brought grievances against a number of municipalities for alleged violations of the Province-wide collective agreements

2)a) Caselaw: Bargaining Rights: Non-Construction Employer Provisions in the Labour Relations Act Do Not Infringe the Charter Rights and Freedoms

  • The municipalities' response was that as a result of Bill 66, the Province-wide collective agreements were no longer binding upon them
  • The grievances were referred to Arbitration at the Ontario Labour Relations Board where the Union argued the amendments made by Bill 66 violated Section 2(d) of the Charter of Rights and Freedoms
  • The Ontario Labour Relations Board dismissed the Union's grievances
  • The Union then brought an Application for Judicial Review to the Ontario Divisional Court

To view the full article, click here.

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.