Ontario Bill 148: What Changed and What Remains in Effect?
Ontario’s Bill 148 introduced major changes to employee rights in 2018, including higher minimum wages, paid personal emergency leave and new protections for part-time workers. However, many of those changes were reversed by Bill 47 in 2019.
Some protections remain in effect today, including expanded vacation entitlements and certain job-protected leaves. Here’s what Ontario employees need to know.
? Is Bill 148 Still in Effect? Some changes introduced by Bill 148 remain part of Ontario employment law, but many were repealed or replaced. Employees should follow the current Employment Standards Act (ESA), not the original 2017 legislation.
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What Was Ontario Bill 148?
Bill 148, officially called the Fair Workplaces, Better Jobs Act, 2017, was passed in November 2017. It changed Ontario’s Employment Standards Act and Labour Relations Act, with many changes taking effect in 2018.
The legislation aimed to improve wages, time off and workplace protections, particularly for part-time, temporary and lower-paid employees.
In November 2018, Ontario passed Bill 47, the Making Ontario Open for Business Act, which reversed several of those changes effective January 2019.
What Bill 148 Changes Were Repealed?
The following changes were reversed or replaced under Bill 47:
| Bill 148 Change | What Happened |
|---|---|
| Minimum Wage | The increase to $14/hour took effect in 2018, but the planned $15/hour rate for January 2019 was cancelled. Wages increased again under later laws. |
| Paid Personal Emergency Leave | The 10-day entitlement, including two paid days, was replaced by separate unpaid sick, family responsibility and bereavement leaves. |
| Equal Pay for Part-Time Workers | The rule requiring equal pay for substantially the same work regardless of full-time, part-time or temporary status was repealed. Separate equal-pay protections based on sex remain. |
| Scheduling Protections | Planned rights involving short-notice shifts, on-call work and shift cancellations were repealed before taking effect. A separate three-hour reporting-pay rule remains. |
For today’s rules, see our guides to Ontario minimum wage and sick days in Ontario.
What Bill 148 Protections Still Apply in Ontario?
Several important changes introduced by Bill 148 remain part of Ontario’s employment laws:
- More Vacation After Five Years: Employees are entitled to at least three weeks of vacation and 6% vacation pay after five years of employment. Learn about Ontario vacation pay.
- Domestic or Sexual Violence Leave: Eligible employees can take up to 10 days and 15 weeks of protected leave each year, with the first five days paid. Learn about this leave.
- Family Medical Leave: Eligible employees can take up to 28 weeks of unpaid, job-protected leave to care for a family member facing a serious medical condition with a significant risk of death. Learn about family medical leave.
- Independent Contractor Misclassification: Employers can’t avoid ESA obligations by wrongly treating employees as independent contractors. Learn about contractor rights.
These are minimum legal protections. Employment contracts, workplace policies and other laws may provide additional rights.
Does Bill 148 Affect Severance Pay?
Bill 148 did not replace an employee’s right to severance or reasonable notice of termination.
Non-unionized Ontario employees who lose their jobs may be entitled to much more than the minimum termination pay set out in the ESA. Depending on their circumstances, severance can reach up to 24 months’ pay.
Learn more about severance pay in Ontario.
Bill 148: Interviews With Ontario’s Labour Minister and Employment Lawyers
When Bill 148 was introduced, Samfiru Tumarkin LLP employment lawyers discussed the proposed changes and their impact on workers in Ontario.
Ontario Labour Minister Kevin Flynn on the Employment Law Show
On December 20, 2017, then-Ontario Labour Minister Kevin Flynn joined Lior Samfiru to discuss Bill 148. Listen to their conversations about the legislation as it was being introduced:
- Minimum Wage Changes
- Independent Contractor Misclassification
- Personal Emergency Leave
- Equal Pay for Equal Work
- Parental Leave Changes
Additional Bill 148 Media Coverage
- November 23, 2017: Employment lawyer Jon Pinkus discusses the legislation on 640 Toronto. Listen to the interview.
- November 23, 2017: Jon Pinkus discusses whether Bill 148 goes far enough on 980 CFPL. Listen to the interview.
- January 8, 2018: An Ottawa employment lawyer explains the changes on CTV Morning Live. Watch the interview.
These interviews were recorded in 2017 and 2018. Some laws discussed have since changed.
Questions About Your Employment Rights in Ontario?
If your employer has denied you workplace rights, reduced your pay or terminated your employment, the Ontario employment lawyers at Samfiru Tumarkin LLP can explain your options and help you pursue the compensation you’re owed.
Before you sign, always check first. Contact us about your situation or call 1-855-821-5900.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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