As signalled in the 2015 Fall Economic Statement, the government is responding to concerns raised by the business community by piloting a new approach to personal emergency leave in the auto sector, which will be effective January 1, 2017.

In 2015, the government appointed two independent special advisors to lead the changing workplaces review. The special advisors have heard many proposals on how the Employment Standards Act could be amended to better protect workers while supporting businesses in the changing economy.

The special advisors are now considering all input that has been received before delivering their final report and recommendations to the Minister of Labour in early 2017.

Better communicate employment standards requirements to new businesses

Status: Action in progress

What we heard

The Ministry of Labour does not provide new businesses with an information package outlining Employment Standards Act (ESA) requirements, so new employers are left unaware of their obligations.

Our plan

The Ministry of Labour’s outreach efforts include:

forming formal partnerships with key employer groups and industry associations aimed at creating awareness of employment standards; and
promoting the numerous educational online resources (e.g. easy to use online calculator, tools, fact sheets and inspector videos).

The ministry also develops and distributes small business sector-specific, user-centric information packages prior to and during employment standards blitzes.

In the short term, the ministry will continue its outreach efforts to business to ensure new employers understand their obligations under ESA and to promote existing educational online resources to help increase compliance.

The ministry is currently working towards exploring how to use the Business Number to automatically send information to all new ONBIS and WSIB registrants.

Involve stakeholders in Ontario College of Trades decisions

Status: Action in progress

What we heard

There is a lack of stakeholder input into College of Trades decisions.

Our plan

The Ontario College of Trades website has been redesigned to make it easier to use.

The Ontario College of Trades Appointments Council will work with the Ministry of Labour to increase transparency in the board appointments process. An improved appointments application form will be implemented in 2017.

Simplify information provided by the College of Trades

Status: Action in progress

What we heard

Information provided by the College around its role, the process for hiring apprentices, and licensing creates confusion for its stakeholders.

Our plan

The Ministry of Advanced Education and Skills Development (MAESD) will support the Ministry of Labour (MOL) and the Ontario College of Trades (OCOT) in the creation of an easy-to-understand visual that explains the how the organizations work together to provide program delivery, oversight and operations activities in support of Ontario’s skilled trades.

MAESD, MOL and OCOT will all make this information easily accessible on their websites by the end of 2017.

MOL and MAESD staff will also share information about OCOT’s Client Services Call Centre so there is ‘no wrong door’ when tradespeople or apprentices are looking for information.

MAESD will find a solution to the current system requirement for separate apprenticeship applications to the ministry and OCOT, including legislative change, if necessary.

Review enforcement practices at the Ontario College of Trades

Status: Action in progress

What we heard

There is inconsistency in the enforcement of some non-compulsory trades under the Ontario College of Trades and Apprenticeship Act, 2009.

Also, inspectors are not perceived as being knowledgeable about industry.

Our plan

Further to the Dean report recommendations, the government has introduced Bill 70, Building Ontario Up for Everyone Act. This bill proposes amendments to the Ontario College of Trades and Apprenticeship Act, 2009 that would require the College to develop a risk-based compliance and enforcement policy and make it publicly available. Following passage of Bill 70, the new policy would be posted on the Ontario College of Trades website in 2017.

Review and streamline process for sponsoring apprentices

Status: Action in progress

What we heard

Multiples issues were identified relating to the application process for sponsoring apprentices: make application for hiring apprentices easier, reduce duplication of application process between the Ministry of Advanced Education and Skills Development and the Ontario College of Trades, streamline application process for small and medium-sized companies, and harmonize apprenticeship requirements across provinces.

Our plan

In 2016, the Ministry of Advanced Education and Skills Development (MAESD) introduced improvements such as a new online registration process for apprentices and a labour mobility agreement that allows recognition of technical training and work experience and certifications for apprentices moving to Ontario from any province or territory in Canada.

In January 2017, apprenticeship applicants will be able to attach support documents to their online application, simplifying and speeding up the application process. In 2017, MAESD will introduce a My Account portal that will allow apprentices and sponsors to update contact information, submit requests and view their program information. This is the first step in providing apprentices and sponsors with more online functions. At the same time, MAESD will introduce the ability to send notifications to apprentices and sponsors via email instead of the regular mail currently used, again speeding up communication and improving the chances that notifications will reach the intended recipients.

Address apprenticeship ratios

Status: Action in progress

What we heard

Apprenticeship ratios are restrictive and make it difficult for employers to take on apprentices.

Our plan

In Ontario, supervision ratios only apply to apprentices and journeypersons working in the construction sector.

The government, working with the Ontario College of Trades, will ensure that guidance and communications materials related to apprenticeship supervision clarify this fact.

The recommendations laid out in the Dean report identified opportunities for improving the process and criteria for ratio review.

Senator Dean recommended that the College consider the following criteria for ratio reviews:

the quality of on-the-job training
the risk of harm for apprentices
demographic and labour market information
economic impact
demand for skilled trades in different regional/geographic areas of the province
experience of ratio for a similar trade or trade sector in other jurisdictions
other factors in the public interest

The College will consider Senator Dean’s recommendations.

The government will also consider how advice from the Premier’s Highly Skilled Workforce Expert Panel may be used to make it easier for Ontario businesses to take on apprentices.

Provide more information on compliance with the Accessibility for Ontarians with Disabilities Act

Status: Action in progress

What we heard

There is a lack of knowledge among employers of their obligations under the Accessibility for Ontarians with Disabilities Act.

Our plan

The Accessibility Directorate of Ontario will explore feasibility to host sector-specific information for the auto sector on the Accessibility Hub, a website with resources developed by businesses, non-profits, and municipalities for shared use.

The Accessibility Directorate of Ontario will also work with Small Business Enterprise Centres, the Ontario Investment Office and municipal licensing offices to explore opportunities to help employers understand and comply with their obligations.

Review Accessibility for Ontarians with Disabilities Act reporting thresholds

Status: Action in progress

What we heard

Accessibility reporting thresholds are inflexible and vary across standards, creating additional burden for businesses.

Our plan

Amendments to the customer service standard under the Accessibility for Ontarians with Disabilities Act came into force on July 1, 2016. Based on recommendations from a standards development committee (2014), changes to the standard harmonize the definition of large organization (50 or more employees) with the Integrated accessibility standards regulation to make it easier for small businesses to comply. However, reporting thresholds remain the same.

Review accessible website requirements

Status: Action in progress

What we heard

Ontario’s accessible web content requirements are too expensive for organizations to implement.

Our plan

Website requirements will be reviewed as part of the Information and Communications Standard review launching in fall 2016. A standards development committee will review the standard and their recommendations will be posted on the Accessibility Directorate website for public review and comment.

The directorate will distribute resources to the auto parts manufacturing sector to help organizations understand their obligations for web accessibility. The directorate will offer a webinar to the auto industry in winter 2017 to clarify accessible website requirements.

Improve transparency around pay equity issues

Status: Action in progress

What we heard

There is confusion about how to initiate a pay equity investigation.

Our plan

The Gender Wage Gap Strategy final report was released in August 2016. It covers issues related to pay equity. The Government of Ontario is developing a broad gender wage gap strategy in consultation with stakeholders which will provide practical recommendations by spring 2018 to close the wage gap between women and men.

Clarify sick note requirements

Status: Action tracking

What we heard

There is confusion about sick note requirements.

Our plan

Issues regarding sick notes are among the many issues being considered in the Ministry of Labour’s changing workplaces review.

The special advisors to the changing workplaces review are now considering all input that has been received before delivering their final report and recommendations to the Minister of Labour in early 2017.

Standardize daily hours of work in the transportation sector

Status: Action tracking

What we heard

The hours of work standards for employers under the Employment Standards Act and the Ministry of Transportation daily hours of service requirements for commercial motor vehicle drivers are inconsistent.

Our plan

Issues regarding hours of work in general are among the many issues being considered in the Ministry of Labour’s changing workplaces review.

MTO’s Hours of Service (HoS) requirements for commercial drivers are based on the federal National Safety Code and harmonized across all provinces and territories. Any changes to the HoS rules in Ontario would bring the province out of line with the rest of the country and inconsistent with federal regulation. This would introduce additional regulatory burden and result in possible negative economic impacts for interprovincial carriers.

Improve service delivery provided by the Ontario College of Trades

Status: Action tracking

What we heard

Various College of Trades service delivery issues, including: obtaining equivalency, confusing forms, too much paper work to hire employees, inconsistent information between website and customer service, lack of online payment options, no flexibility to use employees across trades, overall poor communication with members.

Our plan

The Ministry of Advanced Education and Skills Development will support the Ontario College of Trades in its efforts to improve communication, service delivery and the trade equivalency assessment process.

Integrate apprenticeship training

Status: Action tracking

What we heard

There is not enough integration of classroom and on-the-job training.

Our plan

Apprenticeship training for each trade is based on on-the-job training standards and in-school curriculum standards developed by the Ontario College of Trades (OCOT) in consultation with its trade boards, made up of industry experts in the trade. OCOT regularly reviews and updates both standards.

The Ministry of Advanced Education and Skills Development will support OCOT in its efforts to better integrate curriculum and training standards.

Review and streamline Human Rights Tribunal of Ontario investigations

Status: No action recommended

What we heard

The Human Rights Tribunal process is too expensive for businesses.

Our plan

Businesses may request to have an application dismissed at an early stage in a summary hearing because it has no reasonable prospect of success, which may save businesses time and money.

Review physician’s role in workers’ compensation cases

Status: No action recommended

What we heard

Regional evaluation centres are determining whether employees are ready to return work and the role of medical professionals, such as physicians, is being undermined in the process.

Our plan

The Workplace Safety & Insurance Board (WSIB) has a network of specialty assessment and treatment services across the province for workers with complex injuries that can be a helpful resource for family doctors.

In managing a claim, the WSIB may refer a case for an external expert medical review to assist its staff in understanding the available medical information, diagnosis and treatment plan. This occurs in only a very small percentage of claims.

These expert medical providers interact with a worker’s family doctor and are a key part of the WSIB’s efforts to improve health outcomes for injured workers. The role of family doctors is unchanged and central to injured worker care.

Remove non-compete clauses from employment contracts

Status: No action recommended

What we heard

Enforcement of non-compete clauses reduces the free exchange of information required to develop more robust Ontario business clusters.

Our plan

Non-compete clauses are contractual agreements between employers and employees and are not governed by provincial employment legislation. Therefore, no action will be taken.

Updated: June 15, 2022

Published: February 16, 2017