Legislatures across Canada will start returning later this month, and HR law amendments will likely be on many governments’ agenda. At Compliance Works, we report on 250+ changes to employment legislation every year. So, it is a pretty safe bet that we will see another round of amendments in the coming months. But what trends and developments should employers watch out for?
In this post, I look at key changes to Canadian HR laws that we expect to see this fall.
Federal
Over the last few years, federally-regulated employers have had to respond to a myriad of amendments to the Canada Labour Code, as well as new legislation like the Accessible Canada Act. So, it is not surprising, that federal employers will want to keep an eye out for more HR law changes this fall, including the following:
- Disconnect from Work Policy: Bill C-69, which was passed in June 2024, included new provisions requiring employers to implement a disconnect from work policy respecting work-related communication outside of scheduled hours of work. These amendments are not yet in force, as further details will be included in future regulations. We may see those regulations this fall. Once the disconnect from work requirements come into force, employers will have one year to implement a policy.
- Accessibility Employment Standard: Accessibility Standards Canada (ASC) has been publishing draft accessibility standards for comment. The consultation period for the draft accessibility standard on employment closed in October 2023. So, we may see final employment standards this fall. Based on the draft, federal employers should be prepared for very detailed employment-related accessibility requirements.
- Employment Equity: This spring, the federal government began consultations on a task force report with recommended changes to the Employment Equity Act (EEA). Currently, the EEA promotes equality in the workplace for women, Aboriginal peoples, persons with disabilities, and members of visible minorities. The report includes recommendations to update the EEA’s terminology and expand the designated groups to include Black people and 2SLGBTQI+ people. Federal employers should watch for further consultations and/or upcoming amendments to the EEA.
Alberta
Alberta is continuing its ongoing review of the Occupational Health & Safety Code. The latest round of consultations includes a review of the Code’s violence and harassment provisions. Among other things, Alberta is proposing to consolidate requirements related to violence and harassment plans and policies.
Manitoba
Manitoba launched a review of its Accessible Employment Standard Regulation. Depending on submissions, which are due by November 1, 2024, we may see changes to the Regulation.
In addition, two Bills are making their way through the legislature:
- Extended Sick Leave: Bill 9 will extend the length of long term leave for serious injury or illness from 17 weeks to 27 weeks.
- Unionized Employers: Bill 37 will make changes to the Labour Relations Act, including enabling automatic certification if a union demonstrates that it has the support of at least 50% of the employees, and prohibiting the use of replacement workers during a lockout or strike, except in limited circumstances (e.g., threats to life, health or safety).
Both of these Bills are likely to pass during the fall/winter session and will come into force as soon as they are passed.
Nova Scotia
To date, Nova Scotia has not published any accessibility standards under its Accessibility Act. However, the Employment Standard Development Committee, which helps the Nova Scotia Accessibility Advisory Board to make recommendations to the government on proposed standards, has consulted on its draft recommendations for an accessibility employment standard. The Board is expecting to submit recommendations on an employment standard to the Nova Scotia government soon.
Nova Scotia also conducted consultations on workplace harassment, which is not (currently) covered in the province’s Occupational Health & Safety Act. In particular, the government was seeking input on the roles and responsibilities of employers and workers concerning harassment in the workplace. The consultations ended in 2023. So, we may see OHSA amendments as a part of the fall legislature.
Ontario
Like the federal jurisdiction, Ontario has made many changes to its HR laws over the last few years.
In an earlier post – “New Job Posting Rules: What Employers Should Know” – we wrote about upcoming changes to the job posting rules in Ontario. Once these amendments come into force, employers will be required to disclose expected compensation, AI usage in the hiring process and whether there is an existing job vacancy in their job posting, and they will be prevented from requiring Canadian experience.
The government recently published a consultation paper on these pending rules. The paper seeks input on a range of issues, including how “publicly advertised job posting”, “AI” and “interview” should be defined, and whether there should be any exceptions to these rules.
If you are interested in providing feedback to the government, the timeline is short. All comments are due by September 20, 2024. And this short consultation period suggests that draft (or perhaps final) regulations will be published soon.
As we wrote in “2 Proposed Changes to Ontario Sick Leave Laws” another HR law where Ontario employers should expect to see change is sick leave. Bill 190 will prohibit employers from requiring a medical certificate for a short-term sick leave, while continuing to permit employers to require “evidence reasonable in the circumstances”. These changes will come into force when Bill 190 is passed by the government (likely this fall).
Prince Edward Island
PEI established a new paid sick leave program, which will enable employees to earn one day of paid sick leave each year for a total of 3 paid sick days after 3 years of continuous employment. These amendments come into force on October 1, 2024.
We will also be watching PEI for any ground-breaking changes this fall. PEI was the first province to pass legislation regulating the content and use of non-disclosure agreements in that province. (Ontario announced that it will launch consultations regarding similar changes.) So, we may see more trend-setting legislative developments from Canada’s smallest province.
Quebec
As of September 27, 2024, Quebec employers will have to institute much more detailed psychological harassment policies.
We will also be watching Bill 68 make its way through the National Assembly, as it restricts the ability of employers to request documentation in support of certain leaves of absence.
Other Provinces
British Columbia, New Brunswick and Saskatchewan have elections scheduled for this coming October. Depending on which party is elected, we may see many changes to HR laws in these provinces. Of note, all of these provinces recently enacted accessibility legislation. It will be interesting to see how such legislation evolves and whether it applies to the private sector.
How Compliance Works Helps Employers Manage HR Laws
HR laws are continually changing. Compliance Works’ proprietary software makes it easy to stay ahead of changes with updates on upcoming amendments and new legislation in as little as 24 hours. And there is no need to keep emails, as you can always scan recent changes on our Latest Updates page.
Contact us to Request a Demo or email us at info@complianceworks.ca to learn how a subscription to Compliance Works can help your HR team succeed.
