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The Ministry of Labour, Training and Skills Development recently updated the Employment Standards Act, 2000 – Policy and Interpretation Manual. This update reflects regulatory changes that came into effect on December 17, 2020:
  1. The extension of the “COVID-19 period” in O. Reg. 228/20 to July 3, 2021.
  2. New Regulation 764/20, which establishes a temporary special rule that permits employers and trade unions in certain industries to agree to modify the system established in s. 67 of the ESA that governs the interaction between recall rights, termination pay and severance pay.  A new chapter is devoted to this regulation.
The updated manual will be posted on the ministry’s website soon. In the meantime, the updates are reflected in the above linked version. Please feel free to circulate this updated version to the members of the OBA’s Employment and Labour Law section, and to anyone else who may be interested in the ministry’s interpretation of the Employment Standards Act, 2000.
 
The Policy and Interpretation Manual is the primary reference source of the policies of the Director of Employment Standards respecting the interpretation, administration and enforcement of the Employment Standards Act, 2000, as well as the Employment Protection for Foreign Nationals Act, 2009. The manual is available at Ontario.ca/labour. Updates are made as necessary.
 
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Thank you,
Ministry of Labour, Training and Skills Development

Ministry of Labour, Training and Skills Development
Employment Standards Program
400 University Avenue, 9th Floor
Toronto, ON M7A 1T7
Canada

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Ministry of Labour, Training and Skills Development · 400 University Avenue, 9th Floor · Toronto, ON M7A 1T7 · Canada