'These changes are important for both employers and workers'
Prince Edward Island is launching a public consultation on proposed changes to the Employment Standards Act (ESA) in the province.
This comes after a panel did a comprehensive review of the ESA over a two-year period and provided recommendations in a final report last November.
“Over the past few years, the Employment Standards Act has been thoughtfully reviewed and updated to reflect the workplaces of today,” says Jenn Redmond, minister of workforce, advanced learning and population and status of women.
“These changes are important for both employers and workers, and I encourage everyone to have their say as we approach the completion of this process.”
The consultation draft ESA is available here.
In August, the Saskatchewan government launched a public consultation as part of its review of the employment standards provisions in Part II of The Saskatchewan Employment Act and four accompanying regulations.
Panel recommendations for P.E.I. ESA
In November, the panel that did the review recommended the following, among others, to the P.E.I. government:
- moving the director and corporation definitions from section 5.7 [Directors’ Liability] to section 1
- adding section 22.2 (4) Paid day of sick leave, to the provisions listed under 2. (4) to ensure a minimum threshold for all Island employees. This amendment should be accompanied by consultations with labour, e.g., the PEI Federation of Labour.
- balancing the authority of the inspector with responsibilities similar to the Saskatchewan ESA Inspection 2-83 (6) which requires an employment standards officer to (a) make those copies as soon as is reasonably possible; and (b) promptly return the books, records, papers or documents from which the copies were made to: (i) the place from which they were removed; or (ii) any other place that may be agreed to by the officer and the person who produced them.
- a socioeconomically responsive and transparent three-pronged approach to fixing a minimum wage rate that is aligned with the Atlantic Region and other provincial jurisdictions.
Given the amount of recommendations, the government decided to draft a new act to replace the existing one.
“Creating a replacement Act has been a significant undertaking and, at this time, the province is seeking feedback from Islanders on terminology and any concerns with interpretation,” said the P.E.I. government.
“Please note that the replacement Act will not be coming into force right away as associated regulatory work is required to complete the transition. Interested individuals and employers are advised to look for future announcements on information sessions offered by the Department of Workforce, Advanced Learning and Population on the replacement Act.”
Anyone interested in providing feedback on the draft of the replacement ESA can submit their comments to [email protected] by Nov. 1, 2024. Those who have questions on the draft of the replacement ESA can contact the Labour and Industrial Relations Division at 902-368-5550.
Back in March, Ontario’s Bill 149, Working for Workers Four Act, 2024 received Royal Assent. The bill introduced various amendments to the ESA, 2000, including an employer’s obligations relating to: paying employees tips or gratuities and paying employees vacation pay.
