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Transport, Trade and Logistics Update
A new form of security following the declaration of general average (GA) has the market wondering if a real change has occurred.
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Canada | Publication | March 25, 2024
On March 21, Ontario’s Bill 149, Working for Workers Four Act, 2024 received royal assent. As with previous “Working for Workers” legislation, Bill 149 amends several workplace law statutes in an omnibus format. The statutes amended by Bill 149 are:
Relative to omnibus workplace legislation in recent years, the changes made to these statutes are relatively minor. Many of the changes simply expand the government’s regulation-making authority without introducing any new rules at present.
The changes to the ESA are noteworthy in that they have broad application to employers in the province:
Employers will also be required to retain copies of their publicly advertised job postings for three years after access to the posting by the general public is removed.
The three new job posting requirements will be subject to rules to be prescribed by regulation. They are unlikely to come into force until those regulations are developed.
The new rules applicable to job postings are by far the most impactful changes to the ESA, though their in-force date is uncertain. While the precise scope of these new rules remains to be determined by regulation, it is likely Ontario employers will soon need to revisit their recruitment strategies and documentation for compensation disclosure, AI use and requirements for Canadian experience. This exercise may raise difficult questions, such as:
One question that may arise is whether the obligation to disclose compensation information might, inadvertently, run afoul of the new federal Competition Act prohibition on wage-fixing arrangements among employers. We wrote about this new prohibition in our update “No-poach, no problem: Competition Bureau releases enforcement guidelines for wage-fixing and no-poaching agreements.”
At present, such a risk seems remote. The prohibition on wage-fixing applies to an agreement or arrangement between employers regarding wages or terms and conditions of employment. Simply posting compensation information is not an agreement or arrangement, particularly where doing so is required by law.
Publication
A new form of security following the declaration of general average (GA) has the market wondering if a real change has occurred.
Publication
There is much talk currently about South Africa standing at a political cross-roads, in relation to its ability to make the newly formed Government of National Unity work (and to unlock the legion economic and social benefits that would flow from making it work).
Publication
The Lloyd’s Open Form has been the maritime industry’s preferred form of agreement for salvage for over a hundred years. In response to industry concerns and the declining number of LOF contracts being concluded each year, an update to the Form was published in June this year.
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