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The most significant change for the construction industry will be amendments to the Labour Relations Act, 1995, which will deem public bodies as “non-construction employers.” This change allows these public entities to open bidding on construction contracts to all qualified companies, not just the unions they are affiliated with.

“Non-Construction employers now include:

  1. A municipality
  2. A local board as defined in subsection 1 (1) of the Municipal Act, 2001, or in subsection 3 (1) of the City of Toronto Act, 2006
  3. A local housing corporation as defined in section 24 of the Housing Services Act, 2011
  4. A corporation established under section 203 of the Municipal Act, 2001 or under section 148 of the City of Toronto Act, 2006
  5. A district social services administration board established under the District Social Services Administration Boards Act
  6. A school board within the meaning of the School Boards Collective Bargaining Act, 2014.
  7. A hospital within the meaning of the Public Hospitals Act
  8. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002
  9. A university in Ontario that receives regular direct operating funding from the Government and the university's affiliates and federates
  10. A public body within the meaning of the Public Service of Ontario Act, 2006.

It should be noted that the amendment allows councils or decision-makers to write to the Ministry of Labour within 90 days of royal assent to opt out and maintain the status quo.

Two other important changes have come into force with respect to the Employment Standards Act, 2000:

  1. Overtime hours: The previous 60 hours per week cap on overtime has been eliminated. Employees and their employers can now agree to a work schedule including any number of hours in a week, and without requiring the approval of the Director of Employment Standards.
  2. Overtime-averaging agreements: Overtime-averaging agreements allow overtime pay entitlements to be determined by using an average of an employee's work hours over a specific period. Prior to the coming into force of Bill 66, that period of time was not limited. Now, however, the overtime-averaging period

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