Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 5 43 hen the Ontar- io government announced a review earlier this year of the provincial Employment Stan- dards Act and Labour Relations Act, the terms of reference were very broad. The Changing Workplaces Review is to consider possible amend- ments to both statutes in light of "trends and factors" that include globaliza- tion, trade liberalization, technological change, the growth of the service sector, and changes in "standard" employment relationships. Appointed as special advisers to over- see this challenging task were Michael Mitchell, a former partner at the union- side firm Sack Goldblatt Mitchell LLP (now Goldblatt Partners LLP), and John Murray, a retired Superior Court judge and former senior employer-side labour lawyer. Since the initial public announcement in February, though, the review has conducted its work in virtual anonymity. Province-wide public con- sultations, which wrap up Sept. 18, have received only occasional local media cov- erage. The review does not have its own dedicated web site within the Ontario Ministry of Labour, although submis- sions by interested parties are permitted by e-mail or fax. Anyone seeking to obtain copies of these submissions from the province would likely have to file a Freedom of Information request, says a spokeswoman for the ministry. The relatively low profile of the review does not mean that, when its preliminary report is issued early in the new year, it will not be closely read by those who practise in the labour and employment fields. "It will have a widespread impact," says Hugh Dyer, a partner at Miller Thomson LLP, who represents employ- ers in labour relations and employment- related matters. While there have been changes over the years to both statutes, depending on who has been in power in Ontario, the basic framework of the Labour Relations Act, for example, has been in place since it was enacted in 1950, notes Dyer. In announcing the review, the pro- vincial Liberal government focused on the need to do more to protect "precari- ous workers," those who perform duties on a part-time, contract, or casual basis that were previously carried out by per- manent employees. Premier Kathleen Wynne has also been involved in very public disagreements with the largest unions in the province, including those that represent teachers. The appointment of Mitchell and Murray to lead the review has been widely praised by both the employee and management side. Given the politi- cal dynamics at play in this field, any recommendations for legislative change must "strike the right balance," says Dyer. "Employers do not want major change," adds Dyer, who describes the L E G A L R E P O RT \ L A B O U R & E M P L O Y M E N T W PETE RYAN Shaking up labour laws Ontario is looking at wide-reaching amendments to the statutes governing workplaces, but how far will they actually go? By Shannon Kari

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