ARHCA Ministerial Variance Approved for Two Years

Dear ARHCA Members:

The Minister of Labour has approved the ARHCA application for a Minister’s Variance permitting companies named in the attached Ministerial Order to remain exempt from Sections 16 and 19(2) of the Employment Standards Code that we are accustomed to.

This could not have been accomplished without the efforts of our Members who answered our call to submit individual applications for the Directors variance. The overwhelming demonstration of support from your employees convinced the Minister of what we have been telling her – that our workers want and need the ability to work when the weather allows and they are overwhelmingly aligned with employers.

To all our Members who spent their time completing their application and gathering employee signatures, we thank you!  When communicating the decision to me the Deputy Minister was very complimentary to our Association’s thorough application, efforts to explain our industry to the Minister and supporting evidence from employees.

Please review the attached Ministerial Order and look closely for your company or companies’ names. Unlike past permits that applied to the whole industry, this two-year variance is company specific. If your company does not appear on the list, it could be for one of three reasons:

1. We did not submit Associate or Consultant Members because the process doesn’t apply to your workforce;
2. There was an issue with your company’s trade name and the legal names of the operating companies that we could not resolve in time; or
3. The Department of Labour made a decision based on their review of Occupational Health and Safety and Employment Standards compliance

If you were expecting your company to appear in the list, please email Jenna Klynstra at and she can provide information specific to your company.

This variance is for two years and is only a short reprieve from the next task of hard wiring these exemptions into the Labour Code as we will be required to do as a result of Bill 17.  For now, we have some small amount of certainty on the labour front.

I hope that this better weather allows all to catch up and finish the season strong.

Thank you,

Ronald Glen, MBA
Chief Executive Officer

ARHCA_Ministerial_Order_2018_2020.pdf813.75 KB