Ontario Bill 68: The Open for Business Act, 2010

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Ontario Bill 68, The Open for Business Act, 2010, was tabled on May 17th, 2010. The Act proposes 100 amendments to various acts. In particular, the Government of Ontario seeks to modernize the employment standards regime as follows:

  • elimination of a backlog of employment standards claims within two years (by launching a Task Force in August 2010);
  • implementation of changes in an attempt to avoid future backlogs;
  • empowering employment standards officers, labour relations officers and Ministry of Labour employees to attempt to settle complaints which have been assigned for investigation.

By providing earlier notice of employee claims and increasing opportunities for settlement, the McGuinty Government aims to make the employment standards system more efficient, less expensive and less time-consuming for businesses.

Bill 68 would also implement a “self-help” model for initiating complaints, the same model currently in use in British Columbia. Following the implementation in BC, complaints dropped dramatically.

The Ministry of Labour has proposed to exempt certain workers from mandatory self-enforcement. Among the exempted workers are: live-in caregivers, employees with language barriers or disabilities, young workers, workers who are afraid to contact their employer, or those whose employer has closed or gone bankrupt.

Bird Richard will monitor this Bill and provide you with updates as it passes through the legislative stages.