ON: Fair Workplaces, Better Jobs Act, 2017 - New Scheduling Rules come into effect January 1, 2019

The Fair Workplaces, Better Jobs act, 2017 was passed by the Ontario Government on November 22, 2017. This legislation introduced a number of changes including raising minimum wage and establishing new scheduling rules for Ontario employers that will affect CPA members starting January 1, 2019.

Scheduling changes:

CPA members are advised that the legislation will allow employees to:

• request a schedule or location change once they’ve been employed for three months, without fear of being penalized
• refuse shifts if their employer asks them to work with less than 96 hours’ notice, without fear of retaliation, with certain exceptions

Employers will also be required to pay wages to the employees for three hours of work if the employee:

• regularly works more than three hours a day, shows up for work and works less than three hours or not at all (for example, the shift is cut short);
• the shift is cancelled within 48 hours of their scheduled start time, with certain exceptions; or
• is scheduled to be on-call but, despite being available to work, is either not called in to work or works less than three hours. This will be required for each 24-hour period the employee is on call.

Three-hour rule:

Employers will not be required to pay wages for three hours for a shift that lasts fewer than three hours if they were unable to provide work because of fire, lightning, power failure, storms or similar causes beyond their control.

Refusing a shift with less than 96 hours’ notice:

Employees cannot refuse a shift if the reason that the employer is asking them to work or be on call is to:

• deal with an emergency
• remedy or reduce a threat to public safety
• ensure the continued delivery of essential public services, regardless of who delivers those services

On-call pay rules:

Employers will not be required to pay wages for three hours for an on-call shift if the employee is on call to ensure the continued delivery of essential public services, regardless of who delivers those services and the employee was not required to work.

Comes into effect:

These scheduling changes will come into effect on January 1, 2019.

Next steps:

CPA is actively working with members to assess the impact upcoming changes will have on the industry and will be reaching out to Minister of Labour Laurie Scott and her team to discuss the propane industry’s concerns.

For more information on the changes brought to Ontario's employment and labour laws, you can visit the government of Ontario's website or contact Hando Kang, Regional Director, Ontario at handokang@propane.ca or 647.881.1483.