Home|Audio Conferences|Bill 148 (the Better Jobs Act)

Bill 148 (the Better Jobs Act): What changes are coming to Ontario's workplaces?

Tuesday, November 14, 2017, 12:30 pm - 2:00 pm EST



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Moderators


Rafael Gomez

Director, Centre for Industrial Relations and Human Resources
University of Toronto

Speakers


Venai Raniga

National Research Representative
Canadian Union of Public Employees
Philip Cross

Munk Senior Fellow
Macdonald-Laurier Institute
Mary Gellatly

Community Legal Worker
Parkdale Community Legal Services
Keith Burkhardt

Employer Counsel
Sherrard Kuzz

Issues

On June 1, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, which proposes a number of significant changes to the province’s labour and employment laws that are intended "to create more opportunity and security for workers". The legislation follows the release of the final report of the Changing Workplaces Review (CWR) prepared by government-appointed advisors Michael Mitchell and John Murray. Bill 148 includes many of the recommendations made in the CWR final report, while excluding others. Controversially, Bill 148 also proposes to raise the minimum wage in Ontario to $15 an hour in 2019, a move that has been applauded by unions and decried by businesses. In this special audio session, a panel of experts will debate the implications of Bill 148, and consider whether the proposed measures as amended will make a difference in protecting vulnerable workers in precarious employment and advancing collective bargaining. Among the issues to be discussed:

Increasing the Minimum Wage

  • Will increasing the minimum wage to $14 an hour on January 1, 2018 and to $15 an hour a year later benefit workers and contribute to economic growth, or will it result in job loss and economic hardship?

Revising the Employment Standards Act, 2000

  • Scope and coverage: Is the present definition of "employee" under the ESA, which has been maintained under Bill 148, sufficiently inclusive? Should the government have followed the CWR recommendation to include a category for "dependent contractors"? Has the government established a process to further review existing exclusions or exemptions, as recommended by the CWR? Should the government follow the CWR’s recommendation for a sector-specific approach to existing exemptions? Is the omission of measures under Bill 148 to hold contractors liable for ESA obligations of subcontractors or to hold franchisors liable for violations by franchisees defensible? Will any of the changes proposed under Bill 148 protect employees from "fissuring" or splintering of employment (through franchising, supply chains, etc.)? What changes are proposed under Bill 148 to correct the misclassification of the employment status of workers? Are they sufficient to address the problem?
  • Scheduling: What are the key reforms to scheduling under Bill 148? Are they adequate to address the current uncertainty in scheduling practices, which the CWR recognized as "a key contributing factor in making work precarious"? If not, what changes are necessary?
  • Equal pay: Is it fair to treat part-time, casual, temporary, contract and seasonal employees differently from comparable full-time employees? Is the measure recommended in the CWR and adopted under Bill 148 – i.e. mandating an equal rate of pay for comparable employees, but not extending this requirement to benefit and pension plan coverage – a tenable solution, given the expert advice to the CWR that "mandatory coverage of part-time employees in benefit plans could well drive many employers out of providing benefits altogether"? Should the government have followed the CWR recommendation that the requirement to provide equal pay be subject to a six month qualifying period in the case of temporary help agency employees? Why or why not?
  • Enforcement: What measures were recommended in the CWR to increase compliance with the ESA? What changes has the government committed to make? Are they sufficient to address non-compliance?

Amending the Labour Relations Act, 1995

  • Unionizing and certification: How does Bill 148 propose to modify first contract arbitration, remedial certification, voting procedures and the disclosure of employee information? Are these measures sufficiently responsive to the adverse impact that employer misconduct has on the rights of employees to free and independent choice? Should card-based certification be reintroduced in Ontario, or is the CWR correct in concluding that the "clock is not easily set back"?
  • Employer/successor rights: Should the LRA mandate broader-based bargaining for franchisees of the same franchisor, as recommended by the CWR? Should employees of temporary help agencies be deemed to be employees of the enterprise/client to which they are assigned for the purposes of the LRA?
  • Powers of the Ontario Labour Relations Board: How does Bill 148 propose to expand the Board’s powers with respect to interim orders and the modification of bargaining units? Should other changes be considered, and why?

Accreditation

HRPA Continuing Professional Development

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Continuing Professional Development Partner, guaranteeing that participation in our audio conferences will be accepted by the HRPA for CPD credit.


HRMA Continuing Professional Development

This audio conference has been approved by the HRMA for CPHR recertification credits.


Lancaster House CPD
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • CPD for Members of the Law Society of Upper Canada: 1.5 Substantive Hours; 0 Professionalism Hours.
  • Members of the Nova Scotia Barristers Society may count this program for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.
  • This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours. CPD hours for this event can be logged online, through your CPHR Alberta member profile.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live Session – $245, plus HST
Live Session for 2 or more (Boardroom fee) – $490, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $145, plus HST
MP3 Recording – $245, plus HST
(Registrations must be paid in advance of the audio conference)

AUDIO FILES
Audio conference MP3 files are available for $245. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $145.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

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