Bill 66, Restoring Ontario’s Competitiveness Act, received Royal Assent on April 3, 2019, and the new legislation introduces some changes to Ontario’s Employment Standards Act, 2000. Most notable are the changes that Bill 66 has in respect to overtime.
The 60 Hour Rule: Previously, employees were not permitted to work more than 60 hours per week. However, Bill 66 has eliminated the cap on the amount of overtime hours that an employee can legally work in a week. Employees and their employers can now agree to a work schedule including any number of hours in a week, and this without requiring the approval of the Director of Employment Standards.
Overtime Averaging: Bill 66 allows employers to enter into contractual agreements with their employees that allows the employer to pay overtime hours not based on actual overtime hours work by an employee in any given week, but based on the average of overtime hours worked over a specific period. These agreements can be established without prior approval from the Director of Employment Standards. They must, however, be in writing, include a specific start and end date, and have a fixed term of no more than 2 years. Cédric Lamarche is an employment lawyer at Singh Lamarche LLP. He advises both employers and employees with respect to all matters of employment law. If you have any questions regarding overtime or any other employment matter, Cédric can be reached at firstname.lastname@example.org.