Legal Brief for January, 2022

Changes To Ontario's Employment Laws

Why is what is happening with Ontario's employment laws a topic of discussion in Alberta?  The truth of the matter is that Ontario, like in many other aspects of Canadian life, often takes the lead in Canada on legal matters.  Because of Ontario's economic and population predominance the remaining provinces (other than Quebec, which has its own unique legal system) usually follow suit and enact similar laws.  Thus what is happening today in Ontario is often replicated within a few years in Alberta.

The changes are contained in Bill 27 - the Working for Workers’ Act - which received first reading in the Ontario legislature on October 25th, 2021.  Bill 27 features a number of "worker friendly" measures, which caught many by surprise because Conservative governments in Canada have not been known for a sympathetic treatment of labour issues over the years.

The main features of Bill 27 are as follows:

Banning Non-Competition Agreements

The Bill proposes a prohibition of non-competition covenants in agreements between employers and employees.  Non-competition agreements are common for many types of occupation.  They are designed to prevent employees from working in any business that is in competition with the employer's business after the employee has ceased working for the employer.  The Bill will however maintain the ability of employers to require employees to sign non-solicitation agreements, the purpose of which is to prevent ex-employees from actively soliciting customers or clients of the employer after the employment relationship has ended.

The Right to Disconnect

Bill 27 contains a proposal that all employers with more than 25 employees must have in place a policy that allows employees the right "to not engage in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of messages, so as to be free from the performance of work."  This issue has become increasingly important over the last few years as many people complain of having to be "on" during their evenings or weekends in order to respond to demands from their bosses or from customers.

Washrooms for Delivery Persons

The Bill provides that the owner of a workplace must provide washroom access to any persons making deliveries to or from the workplace.  In large office buildings this is not usually an issue because there will likely be common washroom areas open to the public.  However, there may be buildings where washroom access is by key entry only, or if it is a small, stand alone building the only washrooms may be behind the front counter of the business, and not readily accessible by a member of the public.

It will be interesting to see whether Bill 27 makes it through the legislative process in Ontario and when, or if, it actually becomes law.  There may be amendments made after committee hearings are held on the Bill; or as sometimes happens the Bill may not be passed before the next election, which is scheduled in Ontario for June 2022.  , in which case the Bill will cease to exist.  If the Bill is passed I fully expect that other provinces in Canada will quickly follow suit to bring in matching legislation in order to maintain commercial and employment harmony with what is happening in Ontario.