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​Employers in Quebec should be alert of Bill 176, which has accustomed aristocratic acceptance and apology the Act Apropos Activity Standards (the “Act”). The actual name of the “Act to alter the Act apropos activity standards and added aldermanic accoutrement mainly to facilitate family-work balance” suggests a focus on the affair of family-work balance, which coincides with one focus of the 2018 bigoted election. While abounding of these amendments became able as of June 12, 2018, abounding others alone booty aftereffect on afterwards dates, including on Jan. 1, 2019.



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The approved amendments to the Act about centermost on four accepted themes:



The key amendments to the Act are abbreviated below.

Work-Life Balance



As adjoin to Ontario’s accommodation to accession the minimum allowance significantly, the Quebec government’s position is that workers, and decidedly adolescent workers, are attractive for work-life balance. The amendments to the Act reflect this rationale.

Among added modifications, advisers are now advantaged to added vacation time and administration are accountable to added restrictions with annual to alive hours. Beneath are some examples of key amendments:

Equity and Intergenerational Equity

The adapted Act additionally aims to enhance abode disinterestedness with annual to wages, including by alteration Section 41.1 of the Act, to ensure that an agent does not accept a lower accomplishment than colleagues assuming the aforementioned tasks at the aforementioned establishment, “solely because of the employee’s appliance status,” and in accurate because the agent works beneath hours anniversary week. By contrast, the antecedent adaptation of the Act banned bottom accomplishment on the sole base that an agent works beneath hours anniversary week, but did not absorb the added general, and potentially vague, abstraction of “employment status.” These accoutrement will access into aftereffect on Jan. 1, 2019.

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Moreover, in what may be its best arguable provision, Section 87.1 of the adapted Act adds a new brake apropos alleged “orphan clauses.”

The antecedent adaptation of Section 87.1 of the Act already banned drop clauses, acceptation the appliance of beneath favorable altitude of appliance to an agent alone on the base of the hiring date, but alone with annual to assertive affairs covered by the Act itself, which according to case law, did not beset drop clauses with annual to accumulation allowance and alimony plans.

As such, abounding administration created two-track annual and alimony plans. For example, abounding administration grandfathered absolute advisers beneath defined-benefits alimony plans, but provided that all advisers assassin afterwards a assertive date would alone participate in a defined-contribution alimony plan.

The amendments to the Act would no best admittance these arrangements, as they aggrandize the ambit of the prohibition of drop clauses beneath the Act, to accurately beset “pension affairs and added agent benefits.”

That said, the modification of Section 87.1 of the Act would alone administer prospectively as of June 12, 2018, and would not administer retroactively to prohibit drop clauses that existed above-mentioned to that date.

Employee Leasing Agencies and Acting Adopted Workers

The Act additionally incorporates abundant modifications that are aimed at acclimation agent leasing agencies. These accoutrement will arise into force aloft acceptance by the government and access into force of a adjustment pertaining to agent leasing agencies.

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First, the prohibition adjoin advantageous workers beneath because of their appliance cachet is especially broadcast to awning bureau advisers (under Section 41.2 of the Act). This bureau that an bureau artisan may not be paid beneath than advisers assuming the aforementioned tasks at the aforementioned establishment, alone because of his or her appliance status, including the actuality that he or she is paid by an bureau or about works beneath hours per week.

Secondly, cadre adjustment agencies and application agencies for acting adopted workers (e.g. active beneath assignment permits), will be accountable to a claim to access a authorization from the CNESST in accordance with regulations (to be enacted). Administration will not be acceptable to absorb the casework of such agencies who do not acquire the appropriate license.

Thirdly, administration hiring acting adopted workers are accountable to added obligations, including the obligation of advising the CNESST aloft hiring a acting adopted artisan of the worker’s date of arrival, the continuance of his or her arrangement and, if the date of abandonment does not accompany with the date of abortion of his or her contract, the date and affidavit for the departure. Furthermore, administration cannot allegation fees to acting adopted workers for their application except those accustomed beneath a Canadian government program, and they may not crave acting adopted workers to allocate them with claimed abstracts or acreage (such as passports or permits).

Psychological Harassment

Presumably afflicted by accepted amusing issues and movements and the contempo aldermanic changes in Ontario, the assembly has called to aggrandize the analogue of cerebral harassment, provided at Section 81.18 of the Act, to now especially accommodate animal harassment. This alteration about codifies absolute jurisprudence.

Moreover, able Jan. 1, 2019, Section 81.19 of the Act is adapted to especially crave administration to accept cerebral aggravation blockage behavior and the administration of complaints, including a basic apropos conduct embodied by exact comments, accomplishments or gestures of a animal nature. This new aldermanic claim is constant with the accent accustomed in case law to the acceptance of such policies.

Importantly, the time absolute for the filing a complaint by an agent alleging cerebral aggravation is added from 90 canicule to two years from the aftermost adventure of the behind behavior. This is an important change that was not provided in the aboriginal bill but afterwards alien through amendments.

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Finally, accountable to agent accord and procedures to be agreed to amid the two entities, the CNESST allegation now admonish the Human Rights Commission (the Commission des droits de la personne et des droits de la jeunesse, “CDPDJ”) of any aggravation claims filed afore the CNESST that accommodate a bigotry component. This accouterment may actualize a systemic addiction for multiplication of procedures and recourses.

Conclusion

While apropos over intergenerational disinterestedness are laudable, it allegation be acclaimed that the adapted Act introduces assertive potentially ambiguous concepts, such as the abstraction of “employment status” as a banned base of bargain pay. Moreover, the amendments to the Act appoint astringent measures that can accept a cogent appulse on the costs associated with the use of bureau workers and could ultimately bankrupt abounding companies of acute adaptability in this regard.

More generally, the amendments to the Act arise to be fundamentally apprenticed by apropos over disinterestedness and work-life balance, but abort to annual for apropos of adaptability in the abode and the adeptness of the Act to accumulate up with the clip of abstruse developments.

In fact, alike back they attack to booty accepted faculty measures that are apparent nowadays, the amendments tend to abatement abbreviate of acclamation some accepted employer concerns. For example, the Act is adapted to acquiesce acquittal of accomplishment by coffer transfer, but it fails to analyze how administration may affair cyberbanking pay stubs and fails to boldness jurisprudential agitation on that issue.

Moreover, because that absolute accoutrement of the Act with annual to cerebral aggravation already adequate adjoin animal harassment, the modifications in this attention arise added artful than substantive, except for two key modifications: the addendum of the decree aeon for cerebral aggravation claims from 90 canicule to two years, and the CNESST’s new obligation of systematically advising the CDPDJ of aggravation claims with a bigotry component. These key modifications will abide the abiding access that administration are witnessing of animal aggravation and gender-based bigotry complaints. Administration allegation ensure that they are well-equipped to abode these issues to assure their accepted interests as able-bodied as the rights of their employees.

In agreement of abutting steps, amid added things, administration should:

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Charif El-Khouri and Pierre-Luc Benoit are attorneys with Stikeman Elliott LLP in Montreal. © 2018 Stikeman Elliott LLP. All rights reserved. Reposted with permission of Lexology.

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