Legislative Change

Politics & Progress in BC

November 4, 2019 by esoostar

The influence of provincial politics on the labour relations agenda appears to be highly active in the current legislative landscape across Canada. Ontario and Alberta have experienced multiple changes impacting legislation and workers through recent governing party changes. British Columbia has now entered the scene through the recent introduction of amendments to its Labour Relations Code.

In the spring of 2019, the NDP government in British Columbia announced significant changes to this particular piece of legislation, which had not been amended since 1992. The provincial labour minister, Harry Bains, spoke to the upcoming changes as noted through various news outlets and media campaigns.

Click here to read the CBC’s update on the Labour Relations Code changes in BC.

Out of all of the proposed changes, it is interesting to note that the ruling government in BC is looking to remove the ‘essential service’ status of public education in the province. This means that the teachers’ union in the province would, once again, have the right to strike as part of the collective bargaining process. The history between previous governments and the BC Teachers’ Federation, has been bitter and acrimonious, to say the least. For over 15 years, the two parties were locked in several collective bargaining disputes, including the longest strike in the province’s history in 2014, which went all the way to the Supreme Court of Canada.

Click here for information on the nature of the disputes and 15 year timeline.

As noted in the timeline summary, the current collective agreement between the government and the federation is due to expire in 2019. The government’s proposed changes should allow the parties to have more freedom to bargain through the removal of the essential services designation for public education sector workers. While the right to strike may be curtailed (as noted in the proposed changes – the Teachers’ Federation would still need to ‘meet a test through the provincial labour board in order to take strike action’), the removal of the designation does not seem to be a mere coincidence. As the parties are set to begin the bargaining process, the changes to the legislation impacting the right to bargain and the right to strike seem to be lining up at the same time. Whether or not all of these pieces will merge and result in harmonious labour relations between historically bitter parties, remains to be seen.

Discussion Questions:

Which services are designated as ‘essential’ under provincial and federal labour legislation across Canada?
What is the standard for a service to be designated as ‘essential’?
Why is the right to strike curtailed for ‘essential services’?
Do you agree or disagree that public education should be declared an essential service? Explain your rationale.

When Changes Keep Changing

May 31, 2019 by esoostar

Imagine that you have lived with that ugly, out-of-date bathroom in your house for the past 20 years.

The eyesore tiling from the ‘80s is chipped, the toilet overflows from time to time, and the bathtub drains keep clogging. So, you finally pull the plug, get your finances together, and hire a contractor to renovate it.

It eventually gets done. The new bathroom looks a lot better, although a few things did not get finished and the cost was much more than you had anticipated. Granted, it is finally an improvement from what you had before. Suddenly, the contractor you hired to do the work is replaced with a new contractor who tells you that the bulk of the completed work is wrong. The new contractor begins to rip out items that were just installed. The new contractor tells you that you have to re-renovate the bathroom by finding and putting back many of the broken items that you were happy to have removed. Also, the things that you had planned to keep working on to continue the bathroom improvements are just not going to happen. Of course, you have to pay for it all over again. Throughout all of this you realize you have no choice other than to keep trying to figure out what and how to proceed because it is the only bathroom you’ve got.

This little analogy can be applied to what has happened in Ontario as a result of the continuing changes to the provincial Employment Standards Act. Under the previous government, Bill 148 began to be implemented in January 2018. The changes under this bill were significant, given that no amendments had been made for over twenty years. The primary impact included ongoing increases to the minimum wage, scheduling, vacation and holiday pay changes, along with other amendments impacting compensation plans across the province. A new government was voted in and introduced Bill 47 for immediate implementation. By January of 2019, Bill 47 had repealed and/or replaced many of the aforementioned changes, some of which included the requirement for employers to revert back to pre-Bill 148 practices.

Click here to read a summary of the changes from Canadian HR Reporter.

Click here to refer to the updated guide to the Employment Standards Act.

While there are many opinions on whether or not the impact of Bill 47 is good for employees or employers or both or none, the bottom line is that HR practitioners across the province have had to deal with all of it. Anecdotally, it has not been a smooth transition. An HR colleague, who works in compensation and didn’t want to be named, described her departments’ reaction as follows: “We were in shock. I could feel myself shaking when the new changes were announced. We had absolutely no idea what we were supposed to do. What would happen to our employees and their wages? What would happen to all of the work and changes we needed to put into place over the past year? It was all gone. We had to start all over again. Trying to figure out what was new and what we had redo has been a nightmare.”

As she turned away, she left with saying how lucky she was to work with a team of HR professionals because they would get it done.

Perhaps, upon reflection, all of this represents the challenge and the opportunity of working in Human Resources. No matter what happens on the political, legal and implementation landscape, sometimes our job is simply put – just get it done.

Discussion Questions:

How will you work through implementing changes that you may or may not agree with on behalf of your employer as an HR professional?
Review the changes to the Employment Standards Act and identify three areas that have a direct impact on compensation planning.
How will you calculate wage increases (including minimum wages) for the next five years?

Bill 132: Expanding accountability?

October 7, 2016 by esoostar

Puzzle pieces: safety and committee — kenary820/Shutterstock

On September 8, 2016, Bill 132 An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, came into force in Ontario. This act provides an amendment to the province’s Occupational Health and Safety Act with respect to an increased scope of requirements for employers and workplaces handling sexual harassment complaints.

As is always the case when a legislative change comes into force, the HR professional can and should access numerous online resources that provide guidance for interpretation and implementation of new requirements.

Click here to read the full text of Bill 132.

Click here to read an overview of Bill 132 by Occupational Safety Group Inc.

Click here to read a legal interpretation of Bill 132 prepared by Jessica Young with Stringer LLP.

There is no doubt that this legislative change will be received with mixed reactions. On one hand, most employers will be able to incorporate and shape their existing workplace policies on sexual violence and sexual harassment to ensure compliance with the new requirements.

On the other hand, there will be resistance from employers who do not perceive a justification to increase their employment-related legal obligations, no matter how important this legislative change may be. As such, this amendment will provide many opportunities for further exploration and discussion as it is tested through implementation.

An initial point of interest is the new requirement for employers to consult with the Joint Health and Safety Committee on the development and maintenance of a written harassment policy and supporting procedures. This is a significant change. It appears to be based on the spirit of the Occupational Health and Safety Act, which makes health and safety a joint responsibility of both the employer and the worker.

In a truly collaborative environment, individuals should become more engaged and involved in ensuring the personal safety of their workplace colleagues, especially in relation to matters of sexual violence and sexual harassment. No matter how difficult such a joint process may be, it should create an increase in shared awareness, accountability and active involvement in making a positive organizational change.

Discussion Questions:

How can the Joint Health and Safety Committee in any organization increase shared accountability for workplace safety with regard to sexual harassment in the workplace?
Why do you think Bill 132 came into force in Ontario?
What do you think are the most important elements of Bill 132?
As an HR practitioner, what can you do to promote a workplace that is free from sexual harassment and workplace violence?

June 22, 2016 by esoostar

Balance made of people — Source: Arthimedes/Shutterstock

We are lucky, as Canadians, that we live in a society that tries to provide emergency and crisis support when we need it. We are also very lucky that these services are provided by skilled and qualified professionals who take on the role of First-Responder when emergencies and crises happen. First-Responders are usually fire fighters, paramedics, and police officers, among others, who take care of us when we need them the most. On the other hand, who is taking care of First-Responders when the level of crises become insurmountable for those who provide emergency services to us?

There has been a visible and pro-active push through social media and general media campaigns to promote and discuss the impact of on-going crisis response as experienced by First-Responders in the form of Post-Traumatic Stress Disorder (PTSD). While the level of awareness about the impact of PTSD on First-Responders is increasing, so too has the need to have an increase in the formal recognition of PTSD as a ‘legitimate’ work-related illness in Ontario. To date, First- Responders impacted by PTSD have not been able to access intervention and support through traditional worker’s compensation and benefits due to the stigma associated with PTSD as a mental illness and the lack of recognition that their PTSD stems directly from the workplace.

The issue of PTSD may affect thousands of workers from different unions. This has provided an opportunity for several unions to come together and push for much needed legislative change in the province of Ontario.

Click Here to Read the Article

The power and positive impact of the collective voice is clear. On April 6, 2016, “Bill 163 Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder) 2016,” received Royal Assent.

Click Here to Read the Bill

Though the path to make legislative changes may be difficult, it is so important to ensure that successful change is possible and that the end-result truly provides a benefit to everyone.

Discussion Questions:

Why does PTSD need to be recognized as a work-related illness through Bill 163?
Outline the steps that are required for an issue to move through a legislative process and to become law.
What types of programs can an employer put into place to provide resources and support for workers who may be impacted by PTSD?