Bill 2 2007

An Act to amend the Employment Standards Act, 2000 to provide reservist leave and the Health Insurance Act to eliminate the waiting period for military families

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Preamble

The people of Ontario and their government:

Recognize the vital role that the men and women of the Canadian Forces play in securing our well-being both at home and abroad;

Appreciate the commitment and dedication of our military in carrying out their duties on behalf of all of us;

Acknowledge the tremendous sacrifices that are made by our military in order to protect and defend Ontarians, and by their families who support them in these endeavours;

Believe that those who risk their lives to serve our country should not have to worry about losing their civilian jobs when they return home, or about delays in their families' coverage for publicly funded health services.

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

Contents of Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Same

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007.

 

Schedule A
Amendments to the Employment standards Act, 2000

   1.  Subsection 1 (1) of the Employment Standards Act, 2000 is amended by adding the following definition:

"reservist" means a member of the reserve force of the Canadian Forces referred to in subsection 15 (3) of the National Defence Act (Canada); ("réserviste")

   2.  Subsection 15 (7) of the Act is amended by striking out "personal emergency leave or emergency leave during a declared emergency" and substituting "personal emergency leave, emergency leave during a declared emergency or reservist leave".

   3.  The Act is amended by adding the following section:

Reservist Leave

Reservist leave

   50.2  (1)  An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because,

  (a)  the employee is deployed to a Canadian Forces operation outside Canada;

  (b)  the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; or

   (c)  the prescribed circumstances apply.

Activities included in deployment outside Canada

   (2)  Participation, whether inside or outside Canada, in pre-deployment or post-deployment activities that are required by the Canadian Forces in connection with an operation described in clause (1) (a) is considered deployment to the operation for the purposes of that clause.

Restriction

   (3)  An employee is not entitled to begin a leave under this section unless he or she has been employed by the employer for at least the prescribed period or, if no period is prescribed, for at least six consecutive months.

Length of leave

   (4)  An employee is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as clause (1) (a) or (b) or the circumstances set out in a regulation made under clause (1) (c) apply to him or her.

Advising employer re start of leave

   (5)  An employee who intends to take a leave under this section shall give his or her employer the prescribed period of notice of the day on which he or she will begin the leave or, if no notice period is prescribed, reasonable notice.

Same

   (6)  Despite subsection (5), if the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.

Evidence of entitlement

   (7)  An employer may require an employee who takes a leave under this section to provide evidence that the employee is entitled to the leave.

Same

   (8)  When evidence is required under subsection (7), the employee shall,

  (a)  provide the prescribed evidence, or evidence reasonable in the circumstances if no evidence is prescribed; and

  (b)  provide the evidence at the prescribed time, or at a time reasonable in the circumstances if no time is prescribed.

Advising employer re end of leave

   (9)  An employee who intends to end a leave taken under this section shall give his or her employer the prescribed period of notice of the day on which he or she intends to end the leave or, if no notice period is prescribed, reasonable notice.

Written notice

   (10)  Notice under subsection (5), (6) or (9) shall be given in writing.

Definition, emergency

   (11)  In clause (1) (b),

"emergency" means,

  (a)  a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or

  (b)  a situation in which a search and rescue operation takes place.

Transition

   (12)  This section applies only if,

  (a)  the deployment described in subsection (1) begins on or after the day the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 receives Royal Assent; and

  (b)  notice under subsection (5) or (6) is given on or after the day described in clause (a).

   4.  Section 51 of the Act is amended by adding the following subsections:

Reservist leave

   (4)  Subsections (1), (2) and (3) do not apply in respect of an employee during a leave under section 50.2, unless otherwise prescribed.

Exception

   (5)  Despite subsection (4), subsections (1), (2) and (3) apply in respect of an employee during a period of postponement under subsection 53 (1.1), unless otherwise prescribed.

   5.  Section 53 of the Act is amended by adding the following subsections:

Reservist leave

   (1.1)  Despite subsection (1), the employer of an employee who has been on leave under section 50.2 may postpone the employee's reinstatement until,

  (a)  a prescribed day; or

  (b)  if no day is prescribed, the later of,

           (i)  the day that is two weeks after the day on which the leave ends, and

          (ii)  the first pay day that falls after the day on which the leave ends.

Same

   (1.2)  During the period of postponement, the employee is deemed to continue to be on leave under section 50.2 for the purposes of sections 51.1 and 52.

   6.  (1)  Subsection 141 (1) of the Act is amended by adding the following paragraphs:

11.1 Providing, for the purposes of subsection 51 (4), that subsections 51 (1), (2) and (3) apply in respect of an employee during a leave under section 50.2.

11.2 Providing, for the purposes of subsection 51 (5), that subsections 51 (1), (2) and (3) do not apply in respect of an employee during a period of postponement under subsection 53 (1.1).

   (2)  Section 141 of the Act is amended by adding the following subsection:

Restricted application

   (1.1)  A regulation made under paragraph 11.1 or 11.2 of subsection (1) may be restricted in its application to one or more of the following:

    1.  Specified benefit plans.

    2.  Employees who are members of prescribed classes.

    3.  Employers who are members of prescribed classes.

    4.  Part of a leave under section 50.2.

Commencement

   7.  This Schedule comes into force on the day the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 receives Royal Assent.

 

Schedule B
Amendments to the health insurance Act

   1.  Section 11 of the Health Insurance Act is amended by adding the following subsection:

Military families

   (2.1)  Where an application under subsection (1) is made with respect to a spouse or dependant of a member of the Canadian Forces, he or she is exempt from any waiting period that would otherwise apply.

   2.  Clause 45 (1) (b) of the Act is repealed and the following substituted:

  (b)  defining "resident", "dependant", "spouse" and "member of the Canadian Forces" for the purposes of this Act or any provision of this Act;

Commencement

   3.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 (in Schedule A) and the Health Insurance Act (in Schedule B).

Schedule A amends the Employment Standards Act, 2000 to provide job-protected leave for members of the reserve force of the Canadian Forces.

An employee who is a reservist is entitled to take a leave without pay if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency.  Additional circumstances in which a reservist is entitled to take a leave without pay may be prescribed by regulation.

Only an employee who has been employed for at least six consecutive months, or for the prescribed period, is entitled to the leave.

The leave continues as long as the deployment or other circumstance continues, or for the prescribed period.  The employee must give the employer reasonable notice, or the prescribed notice, when he or she intends to begin the leave and again when he or she intends to end it.  

When the employee returns from the leave, the employer may postpone reinstatement for two weeks or until the first pay day following the leave, or as prescribed. 

Except during any period of postponement, the employee is not entitled to continue to participate in benefit plans while on leave, unless a regulation is made to that effect.  In any case, the time spent on leave is taken into account for the purposes of rights that depend on length of employment, length of service or seniority.

The leave is available only if the deployment begins on or after the day the Bill receives Royal Assent and the employee's notice is given on or after that day as well.

Schedule B amends the Health Insurance Act to provide that a spouse or dependant of a member of the Canadian Forces is exempt from any waiting period that would otherwise apply. "Spouse", "dependant" and "member of the Canadian Forces" may be defined by regulation.