[37] Bill 14 Original (PDF)
Bill 14 2002
An Act to prohibit
Quebec residents
from working in certain mining
and forestry occupations in Ontario
Preamble
The Province of Quebec continues to restrict the right of Ontario residents to work in certain occupations in the mining and forestry industries in Quebec. It is necessary for Ontario to impose similar restrictions until the Province of Quebec removes its restrictions.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"mine" has the same meaning as "mine" when used as a noun in the Mining Act; ("mine")
"miner" means an individual who, as an occupation, extracts a mineral or mineral bearing substance from a mine; ("mineur")
"Minister" means the member of the Executive Council to whom the administration of this Act is assigned by the Lieutenant Governor in Council; ("ministre")
"person resident in Quebec" means,
(a) in the case of an individual or a sole proprietor, a person who is ordinarily resident in Quebec,
(b) in the case of a corporation,
(i) a person whose head office or registered office is located in Quebec, or
(ii) a person controlled directly or indirectly by a person described in subclause (i), and
(c) in the case of a partnership, a partnership that includes at least one partner who is resident in Quebec; ("personne qui réside au Québec")
"woodcutter" means an individual who, as an occupation, harvests trees; ("bûcheron")
"wood transporter" means an individual who, as an occupation, moves wood and wood products between a forest and a facility which processes wood and wood products. ("transporteur de bois")
Quebec workers
2. (1) No person resident in Quebec shall work in Ontario as a miner, a woodcutter or a wood transporter.
Same
(2) No person shall employ or contract with a person resident in Quebec to work in Ontario as a miner, a woodcutter or a wood transporter.
Contracts voidable
(3) A contract that is in contravention of this section is voidable by any of the parties to it.
Offence
3. (1) An individual who contravenes subsection 2 (1) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.
Same
(2) A person who contravenes subsection 2 (2) is guilty of an offence and on conviction is liable,
(a) in the case of a corporation, to a fine of not more than $25,000; and
(b) in the case of an individual, to a fine of not more than $2,000.
Transition
4. (1) If an individual who is a person resident in Quebec is working in Ontario as a miner, a woodcutter or a wood transporter on the day this Act comes into force, section 2 does not apply with respect to that individual until 90 days after this Act comes into force.
Extension
(2) The Minister may, in individual cases, extend the 90-day period set out in subsection (1) to a total period of up to 180 days from the day this Act comes into force, if the Minister considers it advisable to avoid hardship to an individual working in Ontario or to a business.
Suspension of this Act
5. If the Lieutenant Governor in Council is satisfied that the Province of Quebec no longer restricts the right of Ontario residents to work in Quebec in one or more of the occupations of miner, woodcutter and wood transporter, the Lieutenant Governor in Council may by regulation suspend the operation of this Act as it applies to that occupation.
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the Fairness is a Two-Way Street Act (Miners and Forestry Workers), 2002.
EXPLANATORY NOTE
The Bill creates the Fairness is a Two-Way Street Act (Miners and Forestry Workers), 2002. The new Act prohibits residents of Quebec from working in certain occupations in the mining and forestry industries in Ontario. The Lieutenant Governor in Council may suspend the operation of the new Act as it applies to a specified occupation if it is satisfied that the Province of Quebec no longer restricts the right of Ontario residents to work in Quebec in that occupation.