Bill 107 2008

An Act to promote workforce training

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

   1.  The purpose of this Act is to promote and improve workforce qualifications through increased investment in workforce training.

Crown bound

   2.  This Act binds the Crown.

Definitions

   3.  In this Act,

"Committee" means the Workforce Skills Development and Recognition Committee established under section 7; ("Comité")

"employee" has the same meaning as in the Employment Standards Act, 2000; ("employé")

"employer" has the same meaning as in the Employment Standards Act, 2000; ("employeur")

"Fund" means the Workforce Skills Development and Recognition Fund referred to in section 8; ("Fonds")

"Minister" means the Minister of Labour. ("ministre")

Application

   4.  (1)  Every employer whose total payroll for a calendar year is $1 million or more is required to participate for that year in workforce skills development by allotting an amount representing at least 1 per cent of the total payroll to eligible training expenditures.

Payroll

   (2)  The total payroll is calculated in accordance with the regulations.

Determination of eligible training expenditures

   5.  (1)  Eligible training expenditures are expenditures as defined by the regulations that are incurred by an employer for the benefit of the employer's employees.

Expenditure

   (2)  For the purpose of subsection (1), eligible training expenditures include expenditures incurred,

  (a)  for the benefit of employees undergoing training in the workplace;

  (b)  to provide support for training for employees, in particular the supply of personnel or equipment or the granting of training leave;

   (c)  to pay for training given by an educational institution that belongs to a prescribed class of educational institutions;

  (d)  to prepare a training plan for an employee or group of employees and to assess training needs; or

  (e)  in relation to the implementation of a training plan that is the subject of an agreement between the employer and an association or union representing employees or a group of employees.

Employer contributions to a training fund

   (3)  Contributions paid in a year by an employer to a special training fund listed in the regulations are included in the calculation of the employer's participation in workforce skills development for that year, on the condition that the administrator of the special training fund confirm that the contributions were spent on training activities in that same year.

Return

   6.  (1)  An employer described in subsection 4 (1) shall file each year on a form approved by the Minister a return indicating the employer's total payroll and the employer's total eligible training expenditures.

Contribution to Fund

   (2)  An employer described in subsection 4 (1) whose total eligible training expenditures for a year, as indicated on the employer's return, are less than the amount required under that subsection shall pay into the Workforce Skills Development and Recognition Fund a contribution equal to the difference between those amounts.

Workforce Skills Development and Recognition Committee

   7.  (1)  The Workforce Skills Development and Recognition Committee is established and is composed of the Minister or persons appointed by the Minister for the purpose and such representatives of labour unions and employers as are chosen in accordance with the rules set out in the regulations.

Objects

   (2)  The objects of the Committee are,

  (a)  to administer the Workforce Skills Development and Recognition Fund;

  (b)  to promote and provide financial and technical support for workforce skills development and related measures and initiatives; and

   (c)  to otherwise promote the achievement of the objects of this Act.

Powers

   (3)  The Committee has all the powers of a natural person in relation to fulfilling its objects.

Money held in the Fund

   8.  (1)  The Workforce Skills Development and Recognition Fund consists of,

  (a)  sums remitted as employer contributions;

  (b)  gifts, legacies and other contributions paid into the Fund to further its objects; and

   (c)  amounts collected as a result of the imposition of administrative penalties under a regulation made under clause 10 (e).

Not part of C.R.F.

   (2)  Money received or held by the Fund does not form part of the Consolidated Revenue Fund.

Uses of money in Fund

   (3)  Money held by the Fund may be used by the Committee to promote its objects and to pay all associated costs.

Financial assistance

   (4)  The Committee may, on the conditions it determines, grant financial support for workforce skills development by means of subsidies.

Annual report

   9.  (1)  The Committee shall file, not later than September 30 in each year,

  (a)  the financial statements for the Fund;

  (b)  a report on the participation of employers in workforce skills development for the preceding fiscal year;

   (c)  a report on the Committee's activities and expenses for the preceding fiscal year; and

  (d)  a list of the recipients of subsidies and the amounts granted to each recipient.

Tabling of report

   (2)  The Committee shall submit the report to the Lieutenant Governor in Council and shall then table it before the Legislative Assembly.

Regulations

   10.  The Lieutenant Governor in Council may make regulations,

  (a)  governing the calculation of total payroll for the purposes of section 4;

  (b)  defining eligible training expenditures, and provide for exclusions, limits or deductions;

   (c)  prescribing classes of educational institutions for the purposes of clause 5 (2) (c);

  (d)  exempting employers or enterprises from any provision of this Act or the regulations, prescribing alternative provisions to be applicable to such employers or enterprises and specifying conditions for the exemption;

  (e)  establishing a scheme for the imposition of administrative penalties for a breach of the Act or regulations;

    (f)  respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.

Commencement

   11.  This Act comes into force on the day it receives Royal Assent.

Short title

   12.  The short title of this Act is the Training for Workers Act, 2008.

 

EXPLANATORY NOTE

The Bill enacts the Training for Workers Act, 2008. The Act requires every employer with a payroll of $1 million or greater to contribute at least 1 per cent of the payroll amount to workforce training; any shortfall is to be contributed to the Workforce Skills Development and Recognition Fund. The Fund is administered by a Committee composed of representatives of labour unions, employers and government. The Committee may use the money in the fund to promote and support workforce skills development and related measures and initiatives.