Government Moves to Protect Workers' Rights

The province introduced a bill today, July 10, to provide enhanced protection for certain classes of retail workers.

"A key amendment to the Labour Standards Code will protect retail employees from being forced to work if employers traditionally prohibited from operating on Sundays decide to open," said Minister of Environment and Labour Mark Parent.

The bill will use a two-step approach to protecting the existing rights of retail employees not to work on Sundays.

First, it will amend the Labour Standards Code to give every retail employee the right to refuse to work on a uniform closing day as defined in the Retail Business Uniform Closing Day Act -- Sundays and holidays.

Then, through regulation, cabinet will create exemptions similar to those in the Retail Business Uniform Closing Day Act.

Businesses working under collective agreements will also be exempt.

The bill will also protect businesses from being forced to open on Sunday by their landlords, and it will give the authorities the tools to better enforce the relevant legislation.

The legislation will not be proclaimed and take effect until all the regulations and designations are in place. The effect will be that retail employees who have previously had legal protection from working Sundays will continue to have it through new provisions in the Labour Standards Code.

The bill will also amend the Tenancies and Distress for Rent Act to protect businesses from being forced to open Sundays by the terms of their leases.

Lastly, the bill contains a housekeeping amendment to give cabinet the power to add new acts to Schedule B of the Summary Proceedings Act.

Schedule B, commonly used to obtain enhanced search warrants for provincial statutes, does not currently include the Retail Business Uniform Closing Day Act.