As we approach the end of 2023, we wish to bring to your attention five laws that will be or continue to be effective in 2024.

  1. Notice of Termination

The Federal Government announced that effective on February 1, 2024, sections of the Budget Implementation Act, 2018, No. 2 come into force.  Included are changes to the Canada Labour Code, such that federally regulated employers will be required to provide employees who are terminated without a valid reason, an updated graduated notice of termination, or pay in lieu of notice, where they have reached a minimum of three consecutive months of continuous employment. The applicable amount of notice will  range between two and eight weeks, which will be based on the length of an employee’s period of continuous employment.

The amendments also require federally regulated employers to provide each terminated employee with a statement of benefits in writing, which sets out their vacation benefits, wages, severance pay and any other benefits and pay arising from their employment with the employer.

  1. Work Hour Exemptions

In August 2023, the Federal Government published regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Regulations). This adds exemptions or modifications to certain classes of employees in banking, telecommunications and broadcasting, rail transportation, and air transportation. Where the amendments related to rail transportation, banking, and telecommunications and broadcasting come into force on January 4, 2024, the amendments related to air transportation come into force on June 4, 2024.

The Regulations provide additional exemptions or modifications to the hours of work provisions requiring employers to provide:

  1. 96 hours’ notice of work schedule;
  2. 24 hours’ notice of shift change;
  3. 30-minute breaks every five hours of work; and
  4. eight-hour rest periods between work period or shifts

The release cited the “operational reality in sectors with continuous operations (i.e. those that generally operate 24 hours a day, 7 days a week such as air and rail transportation) and in sectors with unique scheduling practices (such as banking, telecommunications and broadcasting) is such that scheduling flexibility is required…The amendments reflect feedback from public consultations that noted certain employee classes should be added, removed or modified.”

Whether you are an individual or employer impacted by the new requirements for graduated notice or a relevant work hour provision exemption, a Walker Law Employment Litigation Lawyer can help ensure that your interests are protected or enforced.

  1. Temporary Help Agencies and Recruiters.

Starting on July 1, 2024, the Employment Standards Act, 2000 (ESA) will impose new licensing requirements for temporary help agencies and recruiters. These entities must hold a license to operate, and clients are prohibited from knowingly engaging their services without a valid license. Violations of licensing provisions may result in enforcement actions, including orders for compliance, monetary penalties, and prosecution.

If you provide or engage with temporary help or recruitment services and you have concerns about the new licensing requirements, contact a Walker Law Litigation Lawyer.

  1. Trust In Real Estate Services Act (TRESA), 2020

As of December 1st, 2023, the Ontario Government modernized the province’s real estate services sector making several changes to the rules and governance of Ontario’s real estate brokerages, brokers, and salespersons. With the stated goal to “strengthen consumer protection, educate home buyers and sellers, and enhance professionalism”, the Real Estate and Business Brokers Act, 2002, was renamed the to “Trust in Real Estate Services Act (TRESA), 2002” and introduced several significant legislative changes.

Included is the introduction of an open offer process, allowing brokerages, at the seller’s direction, to conduct an open offer and disclose details of competing offers. The Code of Ethics regulation will also see updates, with a specific provision addressing fraud and prohibiting registrants from engaging in or being party to fraudulent activities. Other enhancements include stricter adherence to integrity, honesty, and good faith, as well as provisions against misrepresentation, unethical practices, and disgraceful conduct. The Real Estate Council of Ontario also gains new powers, expanding its discipline committee’s reach. The committee can now suspend, revoke, or apply conditions to a registration. Lastly, flexibility is introduced through designated representation agreements, which allows brokerages to enter into either brokerage or designated representation agreements with clients.

If you have been wronged in a real estate transaction or by a real estate brokerage, brokers, or salesperson, or you are being accused of wrongdoing, contact a Walker Law Real Estate Litigation Lawyer.

  1. Crane Operators

Lastly, effective on January 1, 2024, there will be updated standards that require crane owners to implement more rigorous testing and logbooks, structural inspection, as well as operational and mechanical inspections performed under the supervision of a professional engineer.

If you are a crane operator or have been wronged by a crane operator, contact a Walker Law Construction Lawyer.

Tags:  Employment Litigation Law, Residential Real Estate Disputes, Contract Disputes, Construction Disputes, Commercial Litigation Law, Civil Litigation Law

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