Employment Standards Act and Regulation amendments

Last updated: August 26, 2021

Find out what's recently changed or updated in the Employment Standards Act and Regulation. Visit the Guide to the Employment Standards Act and Regulation to help provide a clear interpretation.

 

Order in Council 0489-2021 – Sunday, August 15, 2021

Order in Council 0489-2021 (PDF, 593 KB)

Updates

Guide to the Employment Standards Act and Regulation
 

  • New section links added

Employment Standards Act & Regulation Definitions
 

  • Update to the definition of "determination"

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that the prior definition of "determination" applies for complaints received and not resolved before August 15, 2021.


Investigations Initiated by Director - Act Part 10, Section 73.1
 

  • New section

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are not subject to section 73.1.


Complaint and Time Limit - Act Part 10, Section 74
 

  • Subsection (4) updated
  • Subsection (5) added

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are subject to the former text of section 74.


Investigations - Act Part 10, Section 76
 

  • Subsection (1) substituted
  • Subsections (1.1), (1.2), (1.3), (1.4), (1.5) added
  • Subsection (2) repealed

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are subject to the former text of section 76.


Oral Hearing Not Required - Act Part 10, Section 77.1
 

  • New section

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are not subject to section 77.1.


Settlement Agreements - Act Part 10, Section 78
 

  • Subsection (1) (a) substituted

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are subject to the former text of section 78.


Written Report - Act Part 10, Section 78.1
 

  • New section

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are not subject to section 78.1.


Director Must Consider Written Report and Responses - Act Part 10, Section 78.2
 

  • New section

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are not subject to section 78.2.


Service of Determinations, Demands, Notices and Reports - Act Part 14, Section 122
 

  • Section substituted

Transitional provision: Section 42 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that the new text of section 122 applies to determinations, demands or notices served on or after August 15, 2021.


Power to Make Regulations - Act Part 14, Section 127
 

  • Subsection (2) (m.1) repealed
  • Subsection (2) (v) added

Transitional provision: Section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before August 15, 2021 are subject to the former text of section 127.


Transitional provisions

Bill 8 – 2019: Employment Standards Amendment Act, 2019
 

  • Section 40 – complaints
  • Section 42 – service of documents