Bill 18 2014

An Act to amend various statutes with respect to employment and labour

CONTENTS

1.	Contents of Act
2.	Commencement
3.	Short title
Schedule 1	Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009
Schedule 2	Employment Standards Act, 2000
Schedule 3	Labour Relations Act, 1995
Schedule 4	Occupational Health and Safety Act
Schedule 5	Workplace Safety and Insurance Act, 1997

______________

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, a proclamation may apply to one or more of those provisions, 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 Stronger Workplaces for a Stronger Economy Act, 2014.

 

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

   1.  The title of the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 is repealed and the following substituted:

Employment Protection for Foreign Nationals Act, 2009

   2.  The definitions of "live-in caregiver" and "other prescribed employment" in subsection 1 (1) of the Act are repealed.

   3.  Subsection 3 (1) of the Act is repealed and the following substituted:

Application

   (1)  This Act applies to the following persons:

    1.  Every foreign national who, pursuant to an immigration or foreign temporary employee program, is employed in Ontario or is attempting to find employment in Ontario.

    2.  Every person who employs a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    3.  Every person who acts as a recruiter in connection with the employment of a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    4.  Every person who acts on behalf of an employer described in paragraph 2 or a recruiter described in paragraph 3.

   4.  Subsection 7 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   5.  Clause 8 (1) (a) of the Act is repealed and the following substituted:

  (a)  any cost incurred by the employer in the course of arranging to become or attempting to become an employer of the foreign national; or

   6.  (1)  Subsection 9 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Subsection 9 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   7.  (1)  Subsection 10 (1) of the Act is amended by striking out "as a live-in caregiver or in prescribed employment" in the portion before clause (a).

   (2)  Subsection 10 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before clause (a).

   8.  (1)  Subsections 11 (1) and (2) of the Act are repealed and the following substituted:

Employer's duty

   (1)  A person who employs a foreign national shall give him or her a copy of the most recent documents published by the Director of Employment Standards under section 12 before the employment commences if the employer did not use the services of a recruiter in connection with the employment.

Recruiter's duty

   (2)  If a recruiter contacts or is contacted by a foreign national in connection with employment, the recruiter shall give the foreign national a copy of the most recent documents published by the Director under section 12 as soon as is practicable after first making contact with him or her.

   (2)  Subsections 11 (4) and (5) of the Act are repealed and the following substituted:

Transition, employer's duty

   (4)  If the foreign national is employed by the employer on the day subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall give him or her a copy of the documents published by the Director under section 12 as soon after subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force as is practicable.

Different categories

   (5)  If the Director has prepared and published different documents for different categories of foreign nationals employed in Ontario or attempting to find employment in Ontario, and a foreign national who is employed by an employer or who contacts a recruiter is in a category for whom a document was prepared and published, the provisions of this section shall be applied as if they referred to the documents prepared and published for that category.

   9.  Section 12 of the Act is repealed and the following substituted:

Director's duty to publish documents

   12.  (1)  The Director of Employment Standards shall prepare and publish documents providing such information as the Director considers appropriate about the rights and obligations under this Act of,

  (a)  foreign nationals who are employed or who are attempting to find employment;

  (b)  employers of foreign nationals; and

   (c)  persons acting as recruiters in connection with the employment of foreign nationals.

Rights under the Employment Standards Act, 2000

   (2)  The Director shall prepare and publish a document providing such information about the rights and obligations of employees and employers under the Employment Standards Act, 2000 as the Director considers of particular relevance to foreign nationals and their employers, and such other information as the Director considers appropriate.

Different categories

   (3)  If the Director considers it appropriate, he or she may prepare and publish different documents under this section for different categories of foreign nationals and their employers.

If information out of date

   (4)  If the Director believes that a document prepared under this section has become out of date, he or she shall prepare and publish a new document.

   10.  (1)  Subsection 14 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Clause 14 (2) (a) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment, as the case may be".

   11.  (1)  Subsection 15 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before paragraph 1.

   (2)  Paragraphs 3 and 4 of subsection 15 (1) of the Act are amended by striking out "as live-in caregivers or in other prescribed employment" wherever it appears.

   12.  Paragraph 1 of subsection 22 (2) of the Act is repealed and the following substituted:

    1.  The foreign national who is employed or who is attempting to find employment, as the case may be.

   13.  (1)  Clause 50 (1) (b) of the Act is amended by striking out "to a person" and substituting "to a person or class of persons".

   (2)  Subsection 50 (1) of the Act is amended by adding the following clauses:

   (c)  providing that, despite subsection 8 (1), an employer may recover from a foreign national or class of foreign nationals or from such other person or class of persons as may be prescribed, such costs as are prescribed;

  (d)  requiring a person who employs a foreign national or who ceases to employ a foreign national to provide notice to the person or body specified in the regulations of the employment or of the end of the employment in a written or electronic form approved by the person or body, and to provide such other information as is required by the regulation.

Commencement

   14.  This Schedule comes into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

Schedule 2
Employment Standards Act, 2000

   1.  (1)  The French version of subsection 2 (4) of the Employment Standards Act, 2000 is amended by striking out "le cas échéant" and substituting "si tel est le cas".

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

Copy of poster to be provided

   (5)  Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Minister under this section.

Same – translation

   (6)  If an employee requests a translation of the poster into a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of the poster into that language, and if the Minister has done so, the employer shall provide the employee with a copy of the translation.

When copy of poster to be provided

   (7)  An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer.

Same – transition

   (8)  If an employer has one or more employees on the day section 1 of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall provide his or her employees with a copy of the poster within 30 days of that day.

   2.  (1)  Subsection 23 (1) of the Act is amended by striking out "prescribed".

   (2)  Subsection 23 (4) of the Act is amended by striking out "prescribed" in the portion before clause (a).

   (3)  Clause 23 (4) (a) of the Act is amended by striking out "prescribed".

   (4)  Clause 23 (4) (b) of the Act is amended by striking out "prescribed".

   3.  Part IX of the Act is amended by adding the following section:

Determination of minimum wage

   23.1  (1)  The minimum wage is the following:

    1.  Until September 30, 2015, the amount that is the prescribed minimum wage for the following classes of employees:

            i.  Employees who are students under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday.

           ii.  Employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act.

          iii.  Hunting and fishing guides.

          iv.  Employees who are homeworkers.

           v.  Any other employees not listed in subparagraphs i to iv.

    2.  From October 1, 2015 onwards, the amount determined under subsection (4).

Exception

   (2)  If a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection (1) is prescribed and a minimum wage for the class is also prescribed,

  (a)  subsection (1) does not apply; and

  (b)  the minimum wage for the class is the minimum wage prescribed for it.

Same

   (3)  If a class of employees and a minimum wage for the class are prescribed under subsection (2), subsections (4) to (6) apply as if the class and the minimum wage were a class and a minimum wage under subsection (1).

Annual adjustment

   (4)  On October 1 of every year starting in 2015, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows:

Previous wage × (Index A/Index B) = Adjusted wage

in which,

         "Previous wage" is the minimum wage that applied immediately before October 1 of the year,

         "Index A" is the Consumer Price Index for the previous calendar year,

         "Index B" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "Index A", and

         "Adjusted wage" is the new minimum wage.

Rounding

   (5)  If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents.

Exception where decrease

   (6)  If the adjustment otherwise required by subsection (4) would result in a decrease in the minimum wage, no adjustment shall be made.

Publication of minimum wage

   (7)  The Minister shall, not later than April 1 of every year after 2014, publish on a website of the Government of Ontario the minimum wages that are to apply starting on October 1 of that year.

Same

   (8)  If a prescribed minimum wage described in paragraph 1 of subsection (1) changes after the Minister has published the minimum wages that are to apply starting on October 1, 2015, the Minister shall promptly publish the new wage that will apply starting on October 1, 2015 as a result of the change.

Same

   (9)  If, after the Minister publishes the minimum wages that are to apply starting on October 1 of a year, a minimum wage is prescribed under subsection (2) for a prescribed class of employees, the Minister shall promptly publish the new wage that will apply to that class starting on October 1 of the applicable year as a result of the wage having been prescribed.

Review

   (10)  Before October 1, 2020, and every five years thereafter, the Minister shall cause a review of the minimum wage and the process for adjusting the minimum wage to be commenced.

Same

   (11)  The Minister may specify a date by which a review under subsection (10) must be completed.

Definition

   (12)  In this section,

"Consumer Price Index" means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada).

   4.  The Act is amended by adding the following sections after the heading "Obligations and Prohibitions":

Agency to keep records re: work for client

   74.4.1  (1)  In addition to the information that an employer is required to record under Part VI, a temporary help agency shall record the number of hours worked by each assignment employee for each client of the agency in each day and each week.

Retention of records

   (2)  The temporary help agency shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The temporary help agency shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the agency has arranged for another person to retain them.

Client to keep records re: work for client

   74.4.2  (1)  A client of a temporary help agency shall record the number of hours worked by each assignment employee assigned to perform work for the client in each day and each week.

Retention of records

   (2)  The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The client shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the client has arranged for another person to retain them.

   5.  Part XVIII.1 of the Act is amended by adding the following section:

Agency and client jointly and severally liable

   74.18  (1)  Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages.

Same, more than one client

   (2)  If an assignment employee was assigned to perform work for more than one client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, each client is jointly and severally liable with the agency for a share of the total wages owed to the employee that is in proportion to the number of hours the employee worked for that client during the pay period relative to the total number of hours the employee worked for all clients during the pay period.

Wages for which client may be liable

   (3)  A client of a temporary help agency may be jointly and severally liable under this section for the following wages:

    1.  Regular wages that were earned during the relevant pay period.

    2.  Overtime pay that was earned during the relevant pay period.

    3.  Public holiday pay that was earned during the relevant pay period.

    4.  Premium pay that was earned during the relevant pay period.

Agency primarily responsible

   (4)  Despite subsections (1) and (2), the temporary help agency is primarily responsible for an assignment employee's wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency.

Enforcement – client deemed to be employer

   (5)  For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee.

Same – orders

   (6)  Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act.

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

Self-audit

   91.1  (1)  An employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of this Act or the regulations.

Examination and report

   (2)  If an employer is required to conduct an examination under subsection (1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice and the requirements of this section.

Notice

   (3)  A notice given under subsection (1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

   (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

   (4)  A notice given under subsection (1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

   (c)  such information to be included in the employer's report as the employment standards officer considers appropriate.

Same

   (5)  A notice given under subsection (1) may,

  (a)  require the employer to include in the report to the employment standards officer an assessment of whether the employer has complied with this Act or the regulations;

  (b)  require the employer to include in the report to the employment standards officer an assessment of whether one or more employees are owed wages if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations; and

   (c)  require the employer to pay wages owed if, pursuant to clause (b), the employer assesses that one or more employees are owed wages.

Report – unpaid wages

   (6)  If the employer's report includes an assessment that one or more employees are owed wages, the employer shall include the following in the report to the employment standards officer:

    1.  The name of every employee who is owed wages and the amount of wages owed to the employee.

    2.  An explanation of how the amount of wages owed to the employee was determined.

    3.  If the notice under subsection (1) requires payment, proof of payment of the amount owed to the employee.

Same – other non-compliance

   (7)  If the employer's report includes an assessment that the employer has not complied with this Act or the regulations but no employees are owed wages as a result of the failure to comply, the employer shall include in the report a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with.

Orders

   (8)  If an employer's report includes an assessment that the employer owes wages to one or more employees, or that the employer has otherwise not complied with this Act or the regulations, and the employment standards officer determines that the employer's assessment is correct, the officer may issue an order under section 103 or 108, as the officer determines is appropriate.

Inspection, investigation, enforcement not precluded

   (9)  Nothing in this section precludes an employment standards officer from conducting an investigation or inspection, and from taking such enforcement action under this Act as the officer considers appropriate.

Same

   (10)  Without restricting the generality of subsection (9), an employment standards officer may,

  (a)  conduct an investigation or inspection that covers a period or part of a period specified in the notice under subsection (1); and

  (b)  take such enforcement action under this Act as the officer considers appropriate, including issuing an order under section 103 or 108, if, despite the employer's report indicating that the employer did comply, the officer determines that the employer did not comply with this Act or the regulations during a period or part of a period specified in the notice under subsection (1).

False information

   (11)  No employer shall provide a report required under this section that contains information that the employer knows to be false or misleading.

   7.  (1)  Subsection 103 (4) of the Act is repealed and the following substituted:

Maximum amount

   (4)  An employment standards officer shall not issue an order under this section for more than $10,000 in wages with respect to any one employee for wages that become due to the employee before the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

Same

   (4.1)  There is no limit on the amount of an order issued under this section for wages that become due to an employee on or after the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

   (2)  Subsections 103 (4) and (4.1) of the Act are repealed.

   8.  (1)  Subsection 111 (1) of the Act is amended by striking out "six months" and substituting "two years".

   (2)  Subsection 111 (2) of the Act is amended by striking out "six months" and substituting "two years".

   (3)  Subsection 111 (3) of the Act is amended by striking out "six months" and substituting "two years".

   (4)  Subsections 111 (3.1) and (4) of the Act are repealed and the following substituted:

Transition – time limits

   (3.1)  Despite subsections (1) to (3), and subject to subsections (3.2) to (8), if some or all of the wages became due to the employee before the day subsection 8 (4) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 came into force, the employment standards officer may not issue an order for the wages that became due before that day if they became due more than six months before the complaint was filed or the inspection was commenced, as the case may be.

Transition – vacation pay

   (3.2)  The time limit within which vacation pay must have become due under subsection (3.1) is 12 months, rather than six months.

Transition – repeated contraventions

   (4)  The time limit within which wages must have become due under subsection (3.1) is 12 months, rather than six months, if,

  (a)  the employment standards officer investigating the complaint or performing the inspection finds that the employer has contravened the same provision of this Act or the regulations more than once with respect to the employee;

  (b)  the contraventions were in each case with respect to wages to which the employee became entitled under the same provision of this Act or the regulations, or under provisions of the employee's employment contract that are identical or virtually identical; and

   (c)  at least one of the contraventions occurred within the six-month period referred to in that subsection.

   (5)  Subsection 111 (6) of the Act is repealed and the following substituted:

Transition – complaints from different employees

   (6)  If two or more employees file complaints alleging contraventions of this Act or the regulations and at least one of the contraventions in each of the complaints arose under the same provision of this Act or the regulations, or under identical or virtually identical provisions of their employment contracts, subsection (3.1) applies with respect to all of the complaints, as if all of them had been filed on the day the first complaint was filed.

   (6)  Subsections 111 (3.1) to (8) of the Act are repealed.

   9.  Paragraph 2 of subsection 141 (1) of the Act is repealed and the following substituted:

    2.  Establishing rules respecting the application of the minimum wage provisions of this Act and the regulations.

2.0.1   Prescribing a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection 23.1 (1) and prescribing the minimum wage that applies to the class for the purposes of subsection 23.1 (2).

2.0.2   Requiring an employer to pay at least the amount prescribed where an employee who regularly works more than three hours a day is required to present himself or herself for work on a day on which he or she works fewer than three hours.

Commencement

   10.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (2)  Subsections 7 (1) and 8 (1) to (5) come into force three months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (3)  Subsection 1 (2) and section 6 come into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (4)  Sections 4 and 5 come into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (5)  Subsection 7 (2) comes into force on the second anniversary of the day subsection 7 (1) of this Schedule comes into force.

Same

   (6)  Subsection 8 (6) comes into force on the second anniversary of the day subsection 8 (4) of this Schedule comes into force.

Same

   (7)  Section 9 comes into force on October 1, 2015.

 

schedule 3
Labour relations Act, 1995

   1.  The Labour Relations Act, 1995 is amended by adding the following section:

Application of section

   127.3  (1)  This section applies if a trade union and an employer have entered into a collective agreement.

Application for certification

   (2)  Where the collective agreement is for a term of not more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

Same

   (3)  Where the collective agreement is for a term of more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be.

Same

   (4)  Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

   2.  (1)  Subsection 132 (2) of the Act is amended by striking out "the 275th day" and substituting "the 305th day".

   (2)  Section 132 of the Act is amended by adding the following subsection:

Same, agreement

   (3)  Any of the employees in the bargaining unit defined in a collective agreement other than a first agreement referred to in subsection (2) may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,

  (a)  in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation;

  (b)  in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be; and

   (c)  in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be.

Commencement

   3.  This Schedule comes into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 4
Occupational Health and Safety Act

   1.  The definition of "worker" in subsection 1 (1) of the Occupational Health and Safety Act is repealed and the following substituted:

"worker" means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program:

    1.  A person who performs work or supplies services for monetary compensation.

    2.  A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.

    3.  A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution.

    4.  A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met.

    5.  Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation; ("travailleur")

Commencement

   2.  This Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 5
workplace safety and insurance act, 1997

   1.  Subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by adding the following definition:

"temporary help agency" means an employer referred to in section 72 who primarily engages in the business of lending or hiring out the services of its workers to other employers on a temporary basis for a fee; ("agence de placement temporaire")

   2.  Section 83 of the Act is amended by adding the following subsection:

Regulations re temporary help workers

   (4)  The Lieutenant Governor in Council may make regulations,

  (a)  defining a temporary help agency for the purposes of this section;

  (b)  requiring that, despite section 72, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the Board,

           (i)  deem the total wages that are paid in the current year to the worker by the temporary help agency for work performed for the other employer to be paid by the other employer,

          (ii)  attribute the injury and the accident costs arising from the injury to the other employer,

         (iii)  increase or decrease the amount of the other employer's premiums based upon the frequency of work injuries or the accident costs or both, and

         (iv)  deem the other employer to be an employer for the purposes of sections 58 and 59 in such circumstances as may be prescribed;

   (c)  prescribing circumstances for the purposes of subclause (b) (iv);

  (d)  requiring that, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the other employer notify the Board of the injury;

  (e)  for the purposes of a notice required by a regulation made under clause (d), governing the notice, including prescribing the manner in which notice of an injury is to be given, the period of time within which notice is to be given and the parties to whom copies of the notice must be given; and

   (f)  prescribing penalties for failure to comply with requirements prescribed under clauses (d) and (e). 

Commencement

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

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 18 and does not form part of the law.  Bill 18 has been enacted as Chapter 10 of the Statutes of Ontario, 2014.

 

The Bill amends five statutes relating to employment and labour relations.  The major elements of the Bill are described below.

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

Schedule 1 amends the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009.

The title of the Act is repealed and replaced with Employment Protection for Foreign Nationals Act, 2009.

The Act is amended to expand its application from foreign nationals employed in Ontario as live-in caregivers to foreign nationals employed in Ontario or attempting to find employment in Ontario.  Several provisions are amended to reflect this change.

Section 12 of the Act is amended to provide for the preparation and publication by the Director of Employment Standards of different categories of documents for different categories of foreign nationals and their employers.  A consequential amendment to section 11 is made to reflect this change.

Subsection 50 (1) of the Act is amended to allow the Lieutenant Governor in Council to make regulations providing that an employer may recover certain prescribed costs and requiring that an employer of a foreign national give notice of the beginning and end of the foreign national's employment.

Schedule 2
Employment Standards Act, 2000

Schedule 2 amends the Employment Standards Act, 2000.

Section 2 of the Act is amended by adding a requirement that an employer provide each of his or her employees with a copy of the most recent informational poster published by the Minister under the section.  The section is also amended to require an employer to provide available translations of the poster if they are requested.

Currently, the minimum wage is set out in a regulation made under the Act. The Act is amended to provide that, each year, the minimum wage is adjusted in accordance with the new subsection 23.1 (3). Related amendments are also made.

The new sections 74.4.1 and 74.4.2 of the Act require temporary help agencies and their clients to keep certain records in respect of assignment employees.

The new section 74.18 of the Act makes a temporary help agency and its client jointly and severally liable for certain unpaid wages owing to an assignment employee.

Under the new section 91.1, an employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of the Act or the regulations.  The section sets out the rules that govern these employer self-audits.

Section 103 of the Act is amended to remove the $10,000 maximum cap on orders made under that section.  Transitional matters are provided for.

Section 111 of the Act is amended to change the time limits on recovery of wages to two years.  Transitional matters are provided for.

schedule 3
Labour relations Act, 1995

Schedule 3 amends the Labour Relations Act, 1995.

The new section 127.3 of the Act applies to the construction industry and establishes two-month open periods during which a trade union may apply to the Board for certification as bargaining agent of any employees in a bargaining unit.

The new subsection 132 (3) of the Act applies to the construction industry and establishes two-month open periods during which employees may apply to the Board for a declaration that a trade union no longer represents the employees in a bargaining unit.

schedule 4
Occupational Health and Safety Act

Schedule 4 amends the Occupational Health and Safety Act.  The definition of "worker" in subsection 1 (1) of the Act is repealed and replaced.

schedule 5
workplace safety and insurance act, 1997

Schedule 5 amends the Workplace Safety and Insurance Act, 1997.

Subsection 2 (1) of the Act is amended by adding a definition of "temporary help agency".

Section 83 of the Act is amended to allow the Lieutenant Governor in Council to make certain regulations in respect of temporary help agencies that lend or hire out the services of a worker to another employer who participates in a program established under the section, where the worker sustains an injury while performing work for the other employer.

Bill 18 2014

An Act to amend various statutes with respect to employment and labour

CONTENTS

1.	Contents of Act
2.	Commencement
3.	Short title
Schedule 1	Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009
Schedule 2	Employment Standards Act, 2000
Schedule 3	Labour Relations Act, 1995
Schedule 4	Occupational Health and Safety Act
Schedule 5	Workplace Safety and Insurance Act, 1997

______________

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, a proclamation may apply to one or more of those provisions, 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 Stronger Workplaces for a Stronger Economy Act, 2014.

 

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

   1.  The title of the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 is repealed and the following substituted:

Employment Protection for Foreign Nationals Act, 2009

   2.  The definitions of "live-in caregiver" and "other prescribed employment" in subsection 1 (1) of the Act are repealed.

   3.  Subsection 3 (1) of the Act is repealed and the following substituted:

Application

   (1)  This Act applies to the following persons:

    1.  Every foreign national who, pursuant to an immigration or foreign temporary employee program, is employed in Ontario or is attempting to find employment in Ontario.

    2.  Every person who employs a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    3.  Every person who acts as a recruiter in connection with the employment of a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    4.  Every person who acts on behalf of an employer described in paragraph 2 or a recruiter described in paragraph 3.

   4.  Subsection 7 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   5.  Clause 8 (1) (a) of the Act is repealed and the following substituted:

  (a)  any cost incurred by the employer in the course of arranging to become or attempting to become an employer of the foreign national; or

   6.  (1)  Subsection 9 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Subsection 9 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   7.  (1)  Subsection 10 (1) of the Act is amended by striking out "as a live-in caregiver or in prescribed employment" in the portion before clause (a).

   (2)  Subsection 10 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before clause (a).

   8.  (1)  Subsections 11 (1) and (2) of the Act are repealed and the following substituted:

Employer's duty

   (1)  A person who employs a foreign national shall give him or her a copy of the most recent documents published by the Director of Employment Standards under section 12 before the employment commences if the employer did not use the services of a recruiter in connection with the employment.

Recruiter's duty

   (2)  If a recruiter contacts or is contacted by a foreign national in connection with employment, the recruiter shall give the foreign national a copy of the most recent documents published by the Director under section 12 as soon as is practicable after first making contact with him or her.

   (2)  Subsections 11 (4) and (5) of the Act are repealed and the following substituted:

Transition, employer's duty

   (4)  If the foreign national is employed by the employer on the day subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall give him or her a copy of the documents published by the Director under section 12 as soon after subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force as is practicable.

Different categories

   (5)  If the Director has prepared and published different documents for different categories of foreign nationals employed in Ontario or attempting to find employment in Ontario, and a foreign national who is employed by an employer or who contacts a recruiter is in a category for whom a document was prepared and published, the provisions of this section shall be applied as if they referred to the documents prepared and published for that category.

   9.  Section 12 of the Act is repealed and the following substituted:

Director's duty to publish documents

   12.  (1)  The Director of Employment Standards shall prepare and publish documents providing such information as the Director considers appropriate about the rights and obligations under this Act of,

  (a)  foreign nationals who are employed or who are attempting to find employment;

  (b)  employers of foreign nationals; and

   (c)  persons acting as recruiters in connection with the employment of foreign nationals.

Rights under the Employment Standards Act, 2000

   (2)  The Director shall prepare and publish a document providing such information about the rights and obligations of employees and employers under the Employment Standards Act, 2000 as the Director considers of particular relevance to foreign nationals and their employers, and such other information as the Director considers appropriate.

Different categories

   (3)  If the Director considers it appropriate, he or she may prepare and publish different documents under this section for different categories of foreign nationals and their employers.

If information out of date

   (4)  If the Director believes that a document prepared under this section has become out of date, he or she shall prepare and publish a new document.

   10.  (1)  Subsection 14 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Clause 14 (2) (a) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment, as the case may be".

   11.  (1)  Subsection 15 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before paragraph 1.

   (2)  Paragraphs 3 and 4 of subsection 15 (1) of the Act are amended by striking out "as live-in caregivers or in other prescribed employment" wherever it appears.

   12.  Paragraph 1 of subsection 22 (2) of the Act is repealed and the following substituted:

    1.  The foreign national who is employed or who is attempting to find employment, as the case may be.

   13.  (1)  Clause 50 (1) (b) of the Act is amended by striking out "to a person" and substituting "to a person or class of persons".

   (2)  Subsection 50 (1) of the Act is amended by adding the following clauses:

   (c)  providing that, despite subsection 8 (1), an employer may recover from a foreign national or class of foreign nationals or from such other person or class of persons as may be prescribed, such costs as are prescribed;

  (d)  requiring a person who employs a foreign national or who ceases to employ a foreign national to provide notice to the person or body specified in the regulations of the employment or of the end of the employment in a written or electronic form approved by the person or body, and to provide such other information as is required by the regulation.

Commencement

   14.  This Schedule comes into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

Schedule 2
Employment Standards Act, 2000

   1.  (1)  The French version of subsection 2 (4) of the Employment Standards Act, 2000 is amended by striking out "le cas échéant" and substituting "si tel est le cas".

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

Copy of poster to be provided

   (5)  Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Minister under this section.

Same – translation

   (6)  If an employee requests a translation of the poster into a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of the poster into that language, and if the Minister has done so, the employer shall provide the employee with a copy of the translation.

When copy of poster to be provided

   (7)  An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer.

Same – transition

   (8)  If an employer has one or more employees on the day section 1 of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall provide his or her employees with a copy of the poster within 30 days of that day.

   2.  (1)  Subsection 23 (1) of the Act is amended by striking out "prescribed".

   (2)  Subsection 23 (4) of the Act is amended by striking out "prescribed" in the portion before clause (a).

   (3)  Clause 23 (4) (a) of the Act is amended by striking out "prescribed".

   (4)  Clause 23 (4) (b) of the Act is amended by striking out "prescribed".

   3.  Part IX of the Act is amended by adding the following section:

Determination of minimum wage

   23.1  (1)  The minimum wage is the following:

    1.  Until September 30, 2015, the amount that is the prescribed minimum wage for the following classes of employees:

            i.  Employees who are students under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday.

           ii.  Employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act.

          iii.  Hunting and fishing guides.

          iv.  Employees who are homeworkers.

           v.  Any other employees not listed in subparagraphs i to iv.

    2.  From October 1, 2015 onwards, the amount determined under subsection (4).

Exception

   (2)  If a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection (1) is prescribed and a minimum wage for the class is also prescribed,

  (a)  subsection (1) does not apply; and

  (b)  the minimum wage for the class is the minimum wage prescribed for it.

Same

   (3)  If a class of employees and a minimum wage for the class are prescribed under subsection (2), subsections (4) to (6) apply as if the class and the minimum wage were a class and a minimum wage under subsection (1).

Annual adjustment

   (4)  On October 1 of every year starting in 2015, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows:

Previous wage × (Index A/Index B) = Adjusted wage

in which,

         "Previous wage" is the minimum wage that applied immediately before October 1 of the year,

         "Index A" is the Consumer Price Index for the previous calendar year,

         "Index B" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "Index A", and

         "Adjusted wage" is the new minimum wage.

Rounding

   (5)  If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents.

Exception where decrease

   (6)  If the adjustment otherwise required by subsection (4) would result in a decrease in the minimum wage, no adjustment shall be made.

Publication of minimum wage

   (7)  The Minister shall, not later than April 1 of every year after 2014, publish on a website of the Government of Ontario the minimum wages that are to apply starting on October 1 of that year.

Same

   (8)  If a prescribed minimum wage described in paragraph 1 of subsection (1) changes after the Minister has published the minimum wages that are to apply starting on October 1, 2015, the Minister shall promptly publish the new wage that will apply starting on October 1, 2015 as a result of the change.

Same

   (9)  If, after the Minister publishes the minimum wages that are to apply starting on October 1 of a year, a minimum wage is prescribed under subsection (2) for a prescribed class of employees, the Minister shall promptly publish the new wage that will apply to that class starting on October 1 of the applicable year as a result of the wage having been prescribed.

Review

   (10)  Before October 1, 2020, and every five years thereafter, the Minister shall cause a review of the minimum wage and the process for adjusting the minimum wage to be commenced.

Same

   (11)  The Minister may specify a date by which a review under subsection (10) must be completed.

Definition

   (12)  In this section,

"Consumer Price Index" means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada).

   4.  The Act is amended by adding the following sections after the heading "Obligations and Prohibitions":

Agency to keep records re: work for client

   74.4.1  (1)  In addition to the information that an employer is required to record under Part VI, a temporary help agency shall record the number of hours worked by each assignment employee for each client of the agency in each day and each week.

Retention of records

   (2)  The temporary help agency shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The temporary help agency shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the agency has arranged for another person to retain them.

Client to keep records re: work for client

   74.4.2  (1)  A client of a temporary help agency shall record the number of hours worked by each assignment employee assigned to perform work for the client in each day and each week.

Retention of records

   (2)  The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The client shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the client has arranged for another person to retain them.

   5.  Part XVIII.1 of the Act is amended by adding the following section:

Agency and client jointly and severally liable

   74.18  (1)  Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages.

Same, more than one client

   (2)  If an assignment employee was assigned to perform work for more than one client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, each client is jointly and severally liable with the agency for a share of the total wages owed to the employee that is in proportion to the number of hours the employee worked for that client during the pay period relative to the total number of hours the employee worked for all clients during the pay period.

Wages for which client may be liable

   (3)  A client of a temporary help agency may be jointly and severally liable under this section for the following wages:

    1.  Regular wages that were earned during the relevant pay period.

    2.  Overtime pay that was earned during the relevant pay period.

    3.  Public holiday pay that was earned during the relevant pay period.

    4.  Premium pay that was earned during the relevant pay period.

Agency primarily responsible

   (4)  Despite subsections (1) and (2), the temporary help agency is primarily responsible for an assignment employee's wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency.

Enforcement – client deemed to be employer

   (5)  For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee.

Same – orders

   (6)  Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act.

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

Self-audit

   91.1  (1)  An employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of this Act or the regulations.

Examination and report

   (2)  If an employer is required to conduct an examination under subsection (1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice and the requirements of this section.

Notice

   (3)  A notice given under subsection (1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

   (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

   (4)  A notice given under subsection (1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

   (c)  such information to be included in the employer's report as the employment standards officer considers appropriate.

Same

   (5)  A notice given under subsection (1) may,

  (a)  require the employer to include in the report to the employment standards officer an assessment of whether the employer has complied with this Act or the regulations;

  (b)  require the employer to include in the report to the employment standards officer an assessment of whether one or more employees are owed wages if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations; and

   (c)  require the employer to pay wages owed if, pursuant to clause (b), the employer assesses that one or more employees are owed wages.

Report – unpaid wages

   (6)  If the employer's report includes an assessment that one or more employees are owed wages, the employer shall include the following in the report to the employment standards officer:

    1.  The name of every employee who is owed wages and the amount of wages owed to the employee.

    2.  An explanation of how the amount of wages owed to the employee was determined.

    3.  If the notice under subsection (1) requires payment, proof of payment of the amount owed to the employee.

Same – other non-compliance

   (7)  If the employer's report includes an assessment that the employer has not complied with this Act or the regulations but no employees are owed wages as a result of the failure to comply, the employer shall include in the report a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with.

Orders

   (8)  If an employer's report includes an assessment that the employer owes wages to one or more employees, or that the employer has otherwise not complied with this Act or the regulations, and the employment standards officer determines that the employer's assessment is correct, the officer may issue an order under section 103 or 108, as the officer determines is appropriate.

Inspection, investigation, enforcement not precluded

   (9)  Nothing in this section precludes an employment standards officer from conducting an investigation or inspection, and from taking such enforcement action under this Act as the officer considers appropriate.

Same

   (10)  Without restricting the generality of subsection (9), an employment standards officer may,

  (a)  conduct an investigation or inspection that covers a period or part of a period specified in the notice under subsection (1); and

  (b)  take such enforcement action under this Act as the officer considers appropriate, including issuing an order under section 103 or 108, if, despite the employer's report indicating that the employer did comply, the officer determines that the employer did not comply with this Act or the regulations during a period or part of a period specified in the notice under subsection (1).

False information

   (11)  No employer shall provide a report required under this section that contains information that the employer knows to be false or misleading.

   7.  (1)  Subsection 103 (4) of the Act is repealed and the following substituted:

Maximum amount

   (4)  An employment standards officer shall not issue an order under this section for more than $10,000 in wages with respect to any one employee for wages that become due to the employee before the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

Same

   (4.1)  There is no limit on the amount of an order issued under this section for wages that become due to an employee on or after the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

   (2)  Subsections 103 (4) and (4.1) of the Act are repealed.

   8.  (1)  Subsection 111 (1) of the Act is amended by striking out "six months" and substituting "two years".

   (2)  Subsection 111 (2) of the Act is amended by striking out "six months" and substituting "two years".

   (3)  Subsection 111 (3) of the Act is amended by striking out "six months" and substituting "two years".

   (4)  Subsections 111 (3.1) and (4) of the Act are repealed and the following substituted:

Transition – time limits

   (3.1)  Despite subsections (1) to (3), and subject to subsections (3.2) to (8), if some or all of the wages became due to the employee before the day subsection 8 (4) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 came into force, the employment standards officer may not issue an order for the wages that became due before that day if they became due more than six months before the complaint was filed or the inspection was commenced, as the case may be.

Transition – vacation pay

   (3.2)  The time limit within which vacation pay must have become due under subsection (3.1) is 12 months, rather than six months.

Transition – repeated contraventions

   (4)  The time limit within which wages must have become due under subsection (3.1) is 12 months, rather than six months, if,

  (a)  the employment standards officer investigating the complaint or performing the inspection finds that the employer has contravened the same provision of this Act or the regulations more than once with respect to the employee;

  (b)  the contraventions were in each case with respect to wages to which the employee became entitled under the same provision of this Act or the regulations, or under provisions of the employee's employment contract that are identical or virtually identical; and

   (c)  at least one of the contraventions occurred within the six-month period referred to in that subsection.

   (5)  Subsection 111 (6) of the Act is repealed and the following substituted:

Transition – complaints from different employees

   (6)  If two or more employees file complaints alleging contraventions of this Act or the regulations and at least one of the contraventions in each of the complaints arose under the same provision of this Act or the regulations, or under identical or virtually identical provisions of their employment contracts, subsection (3.1) applies with respect to all of the complaints, as if all of them had been filed on the day the first complaint was filed.

   (6)  Subsections 111 (3.1) to (8) of the Act are repealed.

   9.  Paragraph 2 of subsection 141 (1) of the Act is repealed and the following substituted:

    2.  Establishing rules respecting the application of the minimum wage provisions of this Act and the regulations.

2.0.1   Prescribing a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection 23.1 (1) and prescribing the minimum wage that applies to the class for the purposes of subsection 23.1 (2).

2.0.2   Requiring an employer to pay at least the amount prescribed where an employee who regularly works more than three hours a day is required to present himself or herself for work on a day on which he or she works fewer than three hours.

Commencement

   10.  (1)  Subject to subsections (2) to (6), this Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (2)  Subsection 1 (2), section 6 and subsections 7 (1) and 8 (1) to (5) come into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (2)  Subsections 7 (1) and 8 (1) to (5) come into force three months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (2.1)  Subsection 1 (2) and section 6 come into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (3)  Sections 4 and 5 come into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (4)  Subsection 7 (2) comes into force on the second anniversary of the day subsection 7 (1) of this Schedule comes into force.

Same

   (5)  Subsection 8 (6) comes into force on the second anniversary of the day subsection 8 (4) of this Schedule comes into force.

Same

   (6)  Section 9 comes into force on October 1, 2015.

 

schedule 3
Labour relations Act, 1995

   1.  The Labour Relations Act, 1995 is amended by adding the following section:

Application of section

   127.3  (1)  This section applies if a trade union and an employer have entered into a collective agreement.

Application for certification

   (2)  Where the collective agreement is for a term of not more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

Same

   (3)  Where the collective agreement is for a term of more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be.

Same

   (4)  Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

   2.  (1)  Subsection 132 (2) of the Act is amended by striking out "the 275th day" and substituting "the 305th day".

   (2)  Section 132 of the Act is amended by adding the following subsection:

Same, agreement

   (3)  Any of the employees in the bargaining unit defined in a collective agreement other than a first agreement referred to in subsection (2) may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,

  (a)  in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation;

  (b)  in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be; and

   (c)  in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be.

Commencement

   3.  This Schedule comes into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 4
Occupational Health and Safety Act

   1.  The definition of "worker" in subsection 1 (1) of the Occupational Health and Safety Act is repealed and the following substituted:

"worker" means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program:

    1.  A person who performs work or supplies services for monetary compensation.

    2.  A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.

    3.  A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution.

    4.  A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met.

    5.  Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation; ("travailleur")

Commencement

   2.  This Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 5
workplace safety and insurance act, 1997

   1.  Subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by adding the following definition:

"temporary help agency" means an employer referred to in section 72 who primarily engages in the business of lending or hiring out the services of its workers to other employers on a temporary basis for a fee; ("agence de placement temporaire")

   2.  Section 83 of the Act is amended by adding the following subsections:

Temporary help agency worker

   (4)  For the purposes of this section and despite section 72, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1), and the worker sustains an injury while performing work for the other employer, the Board shall,

  (a)  deem the total wages that are paid in the current year to the worker by the temporary help agency for work performed for the other employer to be paid by the other employer;

  (b)  attribute the injury and the accident costs arising from the injury to the other employer; and

   (c)  increase or decrease the amount of the other employer's premiums based upon the frequency of work injuries or the accident costs or both.

Same, access to records

   (5)  If there is an issue in dispute in respect of a determination made by the Board under subsection (4), the other employer described in that subsection shall be deemed to be an employer for the purposes of sections 58 and 59.

Notice by other employer of injury

   (6)  The other employer described in subsection (4) shall notify the Board within three days after learning of an injury to a worker that necessitates health care or results in the worker not being able to earn full wages.

Same

   (7)  The notice must be on a form approved by the Board and the other employer shall give the Board such other information as the Board may require from time to time in connection with the injury.

Failure to comply

   (8)  An employer who fails to comply with subsection (6), (7) or (9) shall pay the prescribed amount to the Board.

Copy to worker

   (9)  The other employer shall give a copy of the notice to the worker at the time the notice is given to the Board.

Regulations re temporary help workers

   (4)  The Lieutenant Governor in Council may make regulations,

  (a)  defining a temporary help agency for the purposes of this section;

  (b)  requiring that, despite section 72, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the Board,

           (i)  deem the total wages that are paid in the current year to the worker by the temporary help agency for work performed for the other employer to be paid by the other employer,

          (ii)  attribute the injury and the accident costs arising from the injury to the other employer,

         (iii)  increase or decrease the amount of the other employer's premiums based upon the frequency of work injuries or the accident costs or both, and

         (iv)  deem the other employer to be an employer for the purposes of sections 58 and 59 in such circumstances as may be prescribed;

   (c)  prescribing circumstances for the purposes of subclause (b) (iv);

  (d)  requiring that, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the other employer notify the Board of the injury;

  (e)  for the purposes of a notice required by a regulation made under clause (d), governing the notice, including prescribing the manner in which notice of an injury is to be given, the period of time within which notice is to be given and the parties to whom copies of the notice must be given; and

   (f)  prescribing penalties for failure to comply with requirements prescribed under clauses (d) and (e). 

Commencement

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

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

______________

 

 

 

EXPLANATORY NOTE

The Bill amends five statutes relating to employment and labour relations.  The major elements of the Bill are described below.

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

Schedule 1 amends the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009.

The title of the Act is repealed and replaced with Employment Protection for Foreign Nationals Act, 2009.

The Act is amended to expand its application from foreign nationals employed in Ontario as live-in caregivers to foreign nationals employed in Ontario or attempting to find employment in Ontario.  Several provisions are amended to reflect this change.

Section 12 of the Act is amended to provide for the preparation and publication by the Director of Employment Standards of different categories of documents for different categories of foreign nationals and their employers.  A consequential amendment to section 11 is made to reflect this change.

Subsection 50 (1) of the Act is amended to allow the Lieutenant Governor in Council to make regulations providing that an employer may recover certain prescribed costs and requiring that an employer of a foreign national give notice of the beginning and end of the foreign national's employment.

Schedule 2
Employment Standards Act, 2000

Schedule 2 amends the Employment Standards Act, 2000.

Section 2 of the Act is amended by adding a requirement that an employer provide each of his or her employees with a copy of the most recent informational poster published by the Minister under the section.  The section is also amended to require an employer to provide available translations of the poster if they are requested.

Currently, the minimum wage is set out in a regulation made under the Act. The Act is amended to provide that, each year, the minimum wage is adjusted in accordance with the new subsection 23.1 (3). Related amendments are also made.

The new sections 74.4.1 and 74.4.2 of the Act require temporary help agencies and their clients to keep certain records in respect of assignment employees.

The new section 74.18 of the Act makes a temporary help agency and its client jointly and severally liable for certain unpaid wages owing to an assignment employee.

Under the new section 91.1, an employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of the Act or the regulations.  The section sets out the rules that govern these employer self-audits.

Section 103 of the Act is amended to remove the $10,000 maximum cap on orders made under that section.  Transitional matters are provided for.

Section 111 of the Act is amended to change the time limits on recovery of wages to two years.  Transitional matters are provided for.

schedule 3
Labour relations Act, 1995

Schedule 3 amends the Labour Relations Act, 1995.

The new section 127.3 of the Act applies to the construction industry and establishes two-month open periods during which a trade union may apply to the Board for certification as bargaining agent of any employees in a bargaining unit.

The new subsection 132 (3) of the Act applies to the construction industry and establishes two-month open periods during which employees may apply to the Board for a declaration that a trade union no longer represents the employees in a bargaining unit.

schedule 4
Occupational Health and Safety Act

Schedule 4 amends the Occupational Health and Safety Act.  The definition of "worker" in subsection 1 (1) of the Act is repealed and replaced.

schedule 5
workplace safety and insurance act, 1997

Schedule 5 amends the Workplace Safety and Insurance Act, 1997.

Subsection 2 (1) of the Act is amended by adding a definition of "temporary help agency".

Section 83 of the Act is amended so that if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under the section, and the worker sustains an injury while performing work for the other employer, the Board must attribute the injury to the other employer for the purposes of the section.  The section is further amended to impose certain notice of injury requirements on the other employer if an injury to a worker necessitates health care or results in the worker not being able to earn full wages.  An employer who fails to comply with the notice requirements must pay a prescribed fee.

Section 83 of the Act is amended to allow the Lieutenant Governor in Council to make certain regulations in respect of temporary help agencies that lend or hire out the services of a worker to another employer who participates in a program established under the section, where the worker sustains an injury while performing work for the other employer.

Bill 18 2014

An Act to amend various statutes with respect to employment and labour

CONTENTS

1.	Contents of Act
2.	Commencement
3.	Short title
Schedule 1	Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009
Schedule 2	Employment Standards Act, 2000
Schedule 3	Labour Relations Act, 1995
Schedule 4	Occupational Health and Safety Act
Schedule 5	Workplace Safety and Insurance Act, 1997

______________

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, a proclamation may apply to one or more of those provisions, 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 Stronger Workplaces for a Stronger Economy Act, 2014.

 

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

   1.  The title of the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 is repealed and the following substituted:

Employment Protection for Foreign Nationals Act, 2009

   2.  The definitions of "live-in caregiver" and "other prescribed employment" in subsection 1 (1) of the Act are repealed.

   3.  Subsection 3 (1) of the Act is repealed and the following substituted:

Application

   (1)  This Act applies to the following persons:

    1.  Every foreign national who, pursuant to an immigration or foreign temporary employee program, is employed in Ontario or is attempting to find employment in Ontario.

    2.  Every person who employs a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    3.  Every person who acts as a recruiter in connection with the employment of a foreign national in Ontario pursuant to an immigration or foreign temporary employee program.

    4.  Every person who acts on behalf of an employer described in paragraph 2 or a recruiter described in paragraph 3.

   4.  Subsection 7 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   5.  Clause 8 (1) (a) of the Act is repealed and the following substituted:

  (a)  any cost incurred by the employer in the course of arranging to become or attempting to become an employer of the foreign national; or

   6.  (1)  Subsection 9 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Subsection 9 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   7.  (1)  Subsection 10 (1) of the Act is amended by striking out "as a live-in caregiver or in prescribed employment" in the portion before clause (a).

   (2)  Subsection 10 (2) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before clause (a).

   8.  (1)  Subsections 11 (1) and (2) of the Act are repealed and the following substituted:

Employer's duty

   (1)  A person who employs a foreign national shall give him or her a copy of the most recent documents published by the Director of Employment Standards under section 12 before the employment commences if the employer did not use the services of a recruiter in connection with the employment.

Recruiter's duty

   (2)  If a recruiter contacts or is contacted by a foreign national in connection with employment, the recruiter shall give the foreign national a copy of the most recent documents published by the Director under section 12 as soon as is practicable after first making contact with him or her.

   (2)  Subsections 11 (4) and (5) of the Act are repealed and the following substituted:

Transition, employer's duty

   (4)  If the foreign national is employed by the employer on the day subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall give him or her a copy of the documents published by the Director under section 12 as soon after subsection 8 (2) of Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force as is practicable.

Different categories

   (5)  If the Director has prepared and published different documents for different categories of foreign nationals employed in Ontario or attempting to find employment in Ontario, and a foreign national who is employed by an employer or who contacts a recruiter is in a category for whom a document was prepared and published, the provisions of this section shall be applied as if they referred to the documents prepared and published for that category.

   9.  Section 12 of the Act is repealed and the following substituted:

Director's duty to publish documents

   12.  (1)  The Director of Employment Standards shall prepare and publish documents providing such information as the Director considers appropriate about the rights and obligations under this Act of,

  (a)  foreign nationals who are employed or who are attempting to find employment;

  (b)  employers of foreign nationals; and

   (c)  persons acting as recruiters in connection with the employment of foreign nationals.

Rights under the Employment Standards Act, 2000

   (2)  The Director shall prepare and publish a document providing such information about the rights and obligations of employees and employers under the Employment Standards Act, 2000 as the Director considers of particular relevance to foreign nationals and their employers, and such other information as the Director considers appropriate.

Different categories

   (3)  If the Director considers it appropriate, he or she may prepare and publish different documents under this section for different categories of foreign nationals and their employers.

If information out of date

   (4)  If the Director believes that a document prepared under this section has become out of date, he or she shall prepare and publish a new document.

   10.  (1)  Subsection 14 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment".

   (2)  Clause 14 (2) (a) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment, as the case may be".

   11.  (1)  Subsection 15 (1) of the Act is amended by striking out "as a live-in caregiver or in other prescribed employment" in the portion before paragraph 1.

   (2)  Paragraphs 3 and 4 of subsection 15 (1) of the Act are amended by striking out "as live-in caregivers or in other prescribed employment" wherever it appears.

   12.  Paragraph 1 of subsection 22 (2) of the Act is repealed and the following substituted:

    1.  The foreign national who is employed or who is attempting to find employment, as the case may be.

   13.  (1)  Clause 50 (1) (b) of the Act is amended by striking out "to a person" and substituting "to a person or class of persons".

   (2)  Subsection 50 (1) of the Act is amended by adding the following clauses:

   (c)  providing that, despite subsection 8 (1), an employer may recover from a foreign national or class of foreign nationals or from such other person or class of persons as may be prescribed, such costs as are prescribed;

  (d)  requiring a person who employs a foreign national or who ceases to employ a foreign national to provide notice to the person or body specified in the regulations of the employment or of the end of the employment in a written or electronic form approved by the person or body, and to provide such other information as is required by the regulation.

Commencement

   14.  This Schedule comes into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

Schedule 2
Employment Standards Act, 2000

   1.  (1)  The French version of subsection 2 (4) of the Employment Standards Act, 2000 is amended by striking out "le cas échéant" and substituting "si tel est le cas".

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

Copy of poster to be provided

   (5)  Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Minister under this section.

Same – translation

   (6)  If an employee requests a translation of the poster into a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of the poster into that language, and if the Minister has done so, the employer shall provide the employee with a copy of the translation.

When copy of poster to be provided

   (7)  An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer.

Same – transition

   (8)  If an employer has one or more employees on the day section 1 of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force, the employer shall provide his or her employees with a copy of the poster within 30 days of that day.

   2.  (1)  Subsection 23 (1) of the Act is amended by striking out "prescribed".

   (2)  Subsection 23 (4) of the Act is amended by striking out "prescribed" in the portion before clause (a).

   (3)  Clause 23 (4) (a) of the Act is amended by striking out "prescribed".

   (4)  Clause 23 (4) (b) of the Act is amended by striking out "prescribed".

   3.  Part IX of the Act is amended by adding the following section:

Determination of minimum wage

   23.1  (1)  The minimum wage is the following:

    1.  Until September 30, 2015, the amount that is the prescribed minimum wage for the following classes of employees:

            i.  Employees who are students under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday.

           ii.  Employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act.

          iii.  Hunting and fishing guides.

          iv.  Employees who are homeworkers.

           v.  Any other employees not listed in subparagraphs i to iv.

    2.  From October 1, 2015 onwards, the amount determined under subsection (4).

Exception

   (2)  If a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection (1) is prescribed and a minimum wage for the class is also prescribed,

  (a)  subsection (1) does not apply; and

  (b)  the minimum wage for the class is the minimum wage prescribed for it.

Same

   (3)  If a class of employees and a minimum wage for the class are prescribed under subsection (2), subsections (4) to (6) apply as if the class and the minimum wage were a class and a minimum wage under subsection (1).

Annual adjustment

   (4)  On October 1 of every year starting in 2015, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows:

Previous wage × (Index A/Index B) = Adjusted wage

in which,

         "Previous wage" is the minimum wage that applied immediately before October 1 of the year,

         "Index A" is the Consumer Price Index for the previous calendar year,

         "Index B" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "Index A", and

         "Adjusted wage" is the new minimum wage.

Rounding

   (5)  If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents.

Exception where decrease

   (6)  If the adjustment otherwise required by subsection (4) would result in a decrease in the minimum wage, no adjustment shall be made.

Publication of minimum wage

   (7)  The Minister shall, not later than April 1 of every year after 2014, publish on a website of the Government of Ontario the minimum wages that are to apply starting on October 1 of that year.

Same

   (8)  If a prescribed minimum wage described in paragraph 1 of subsection (1) changes after the Minister has published the minimum wages that are to apply starting on October 1, 2015, the Minister shall promptly publish the new wage that will apply starting on October 1, 2015 as a result of the change.

Same

   (9)  If, after the Minister publishes the minimum wages that are to apply starting on October 1 of a year, a minimum wage is prescribed under subsection (2) for a prescribed class of employees, the Minister shall promptly publish the new wage that will apply to that class starting on October 1 of the applicable year as a result of the wage having been prescribed.

Review

   (10)  Before October 1, 2020, and every five years thereafter, the Minister shall cause a review of the minimum wage and the process for adjusting the minimum wage to be commenced.

Same

   (11)  The Minister may specify a date by which a review under subsection (10) must be completed.

Definition

   (12)  In this section,

"Consumer Price Index" means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada).

   4.  The Act is amended by adding the following sections after the heading "Obligations and Prohibitions":

Agency to keep records re: work for client

   74.4.1  (1)  In addition to the information that an employer is required to record under Part VI, a temporary help agency shall record the number of hours worked by each assignment employee for each client of the agency in each day and each week.

Retention of records

   (2)  The temporary help agency shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The temporary help agency shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the agency has arranged for another person to retain them.

Client to keep records re: work for client

   74.4.2  (1)  A client of a temporary help agency shall record the number of hours worked by each assignment employee assigned to perform work for the client in each day and each week.

Retention of records

   (2)  The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates.

Availability

   (3)  The client shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the client has arranged for another person to retain them.

   5.  Part XVIII.1 of the Act is amended by adding the following section:

Agency and client jointly and severally liable

   74.18  (1)  Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages.

Same, more than one client

   (2)  If an assignment employee was assigned to perform work for more than one client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, each client is jointly and severally liable with the agency for a share of the total wages owed to the employee that is in proportion to the number of hours the employee worked for that client during the pay period relative to the total number of hours the employee worked for all clients during the pay period.

Wages for which client may be liable

   (3)  A client of a temporary help agency may be jointly and severally liable under this section for the following wages:

    1.  Regular wages that were earned during the relevant pay period.

    2.  Overtime pay that was earned during the relevant pay period.

Agency primarily responsible

   (4)  Despite subsections (1) and (2), the temporary help agency is primarily responsible for an assignment employee's wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency.

Enforcement – client deemed to be employer

   (5)  For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee.

Same – orders

   (6)  Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act.

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

Self-audit

   91.1  (1)  An employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of this Act or the regulations.

Examination and report

   (2)  If an employer is required to conduct an examination under subsection (1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice and the requirements of this section.

Notice

   (3)  A notice given under subsection (1) shall specify,

  (a)  the period to be covered by the examination;

  (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and

   (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer.

Same

   (4)  A notice given under subsection (1) may specify,

  (a)  the method to be used in carrying out the examination;

  (b)  the format of the report; and

   (c)  such information to be included in the employer's report as the employment standards officer considers appropriate.

Same

   (5)  A notice given under subsection (1) may,

  (a)  require the employer to include in the report to the employment standards officer an assessment of whether the employer has complied with this Act or the regulations;

  (b)  require the employer to include in the report to the employment standards officer an assessment of whether one or more employees are owed wages if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations; and

   (c)  require the employer to pay wages owed if, pursuant to clause (b), the employer assesses that one or more employees are owed wages.

Report – unpaid wages

   (6)  If the employer's report includes an assessment that one or more employees are owed wages, the employer shall include the following in the report to the employment standards officer:

    1.  The name of every employee who is owed wages and the amount of wages owed to the employee.

    2.  An explanation of how the amount of wages owed to the employee was determined.

    3.  If the notice under subsection (1) requires payment, proof of payment of the amount owed to the employee.

Same – other non-compliance

   (7)  If the employer's report includes an assessment that the employer has not complied with this Act or the regulations but no employees are owed wages as a result of the failure to comply, the employer shall include in the report a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with.

Orders

   (8)  If an employer's report includes an assessment that the employer owes wages to one or more employees, or that the employer has otherwise not complied with this Act or the regulations, and the employment standards officer determines that the employer's assessment is correct, the officer may issue an order under section 103 or 108, as the officer determines is appropriate.

Inspection, investigation, enforcement not precluded

   (9)  Nothing in this section precludes an employment standards officer from conducting an investigation or inspection, and from taking such enforcement action under this Act as the officer considers appropriate.

Same

   (10)  Without restricting the generality of subsection (9), an employment standards officer may,

  (a)  conduct an investigation or inspection that covers a period or part of a period specified in the notice under subsection (1); and

  (b)  take such enforcement action under this Act as the officer considers appropriate, including issuing an order under section 103 or 108, if, despite the employer's report indicating that the employer did comply, the officer determines that the employer did not comply with this Act or the regulations during a period or part of a period specified in the notice under subsection (1).

False information

   (11)  No employer shall provide a report required under this section that contains information that the employer knows to be false or misleading.

   7.  (1)  Subsection 103 (4) of the Act is repealed and the following substituted:

Maximum amount

   (4)  An employment standards officer shall not issue an order under this section for more than $10,000 in wages with respect to any one employee for wages that become due to the employee before the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

Same

   (4.1)  There is no limit on the amount of an order issued under this section for wages that become due to an employee on or after the day subsection 7 (1) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 comes into force.

   (2)  Subsections 103 (4) and (4.1) of the Act are repealed.

   8.  (1)  Subsection 111 (1) of the Act is amended by striking out "six months" and substituting "two years".

   (2)  Subsection 111 (2) of the Act is amended by striking out "six months" and substituting "two years".

   (3)  Subsection 111 (3) of the Act is amended by striking out "six months" and substituting "two years".

   (4)  Subsections 111 (3.1) and (4) of the Act are repealed and the following substituted:

Transition – time limits

   (3.1)  Despite subsections (1) to (3), and subject to subsections (3.2) to (8), if some or all of the wages became due to the employee before the day subsection 8 (4) of Schedule 2 to the Stronger Workplaces for a Stronger Economy Act, 2014 came into force, the employment standards officer may not issue an order for the wages that became due before that day if they became due more than six months before the complaint was filed or the inspection was commenced, as the case may be.

Transition – vacation pay

   (3.2)  The time limit within which vacation pay must have become due under subsection (3.1) is 12 months, rather than six months.

Transition – repeated contraventions

   (4)  The time limit within which wages must have become due under subsection (3.1) is 12 months, rather than six months, if,

  (a)  the employment standards officer investigating the complaint or performing the inspection finds that the employer has contravened the same provision of this Act or the regulations more than once with respect to the employee;

  (b)  the contraventions were in each case with respect to wages to which the employee became entitled under the same provision of this Act or the regulations, or under provisions of the employee's employment contract that are identical or virtually identical; and

   (c)  at least one of the contraventions occurred within the six-month period referred to in that subsection.

   (5)  Subsection 111 (6) of the Act is repealed and the following substituted:

Transition – complaints from different employees

   (6)  If two or more employees file complaints alleging contraventions of this Act or the regulations and at least one of the contraventions in each of the complaints arose under the same provision of this Act or the regulations, or under identical or virtually identical provisions of their employment contracts, subsection (3.1) applies with respect to all of the complaints, as if all of them had been filed on the day the first complaint was filed.

   (6)  Subsections 111 (3.1) to (8) of the Act are repealed.

   9.  Paragraph 2 of subsection 141 (1) of the Act is repealed and the following substituted:

    2.  Establishing rules respecting the application of the minimum wage provisions of this Act and the regulations.

2.0.1   Prescribing a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection 23.1 (1) and prescribing the minimum wage that applies to the class for the purposes of subsection 23.1 (2).

2.0.2   Requiring an employer to pay at least the amount prescribed where an employee who regularly works more than three hours a day is required to present himself or herself for work on a day on which he or she works fewer than three hours.

Commencement

   10.  (1)  Subject to subsections (2) to (6), this Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (2)  Subsection 1 (2), section 6 and subsections 7 (1) and 8 (1) to (5) come into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (3)  Sections 4 and 5 come into force on the first anniversary of the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

Same

   (4)  Subsection 7 (2) comes into force on the second anniversary of the day subsection 7 (1) of this Schedule comes into force.

Same

   (5)  Subsection 8 (6) comes into force on the second anniversary of the day subsection 8 (4) of this Schedule comes into force.

Same

   (6)  Section 9 comes into force on October 1, 2015.

 

schedule 3
Labour relations Act, 1995

   1.  The Labour Relations Act, 1995 is amended by adding the following section:

Application of section

   127.3  (1)  This section applies if a trade union and an employer have entered into a collective agreement.

Application for certification

   (2)  Where the collective agreement is for a term of not more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

Same

   (3)  Where the collective agreement is for a term of more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be.

Same

   (4)  Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

   2.  (1)  Subsection 132 (2) of the Act is amended by striking out "the 275th day" and substituting "the 305th day".

   (2)  Section 132 of the Act is amended by adding the following subsection:

Same, agreement

   (3)  Any of the employees in the bargaining unit defined in a collective agreement other than a first agreement referred to in subsection (2) may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,

  (a)  in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation;

  (b)  in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be; and

   (c)  in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be.

Commencement

   3.  This Schedule comes into force six months after the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 4
Occupational Health and Safety Act

   1.  The definition of "worker" in subsection 1 (1) of the Occupational Health and Safety Act is repealed and the following substituted:

"worker" means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program:

    1.  A person who performs work or supplies services for monetary compensation.

    2.  A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.

    3.  A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution.

    4.  A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met.

    5.  Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation; ("travailleur")

Commencement

   2.  This Schedule comes into force on the day the Stronger Workplaces for a Stronger Economy Act, 2014 receives Royal Assent.

 

schedule 5
workplace safety and insurance act, 1997

   1.  Subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by adding the following definition:

"temporary help agency" means an employer referred to in section 72 who primarily engages in the business of lending or hiring out the services of its workers to other employers on a temporary basis for a fee; ("agence de placement temporaire")

   2.  Section 83 of the Act is amended by adding the following subsections:

Temporary help agency worker

   (4)  For the purposes of this section and despite section 72, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1), and the worker sustains an injury while performing work for the other employer, the Board shall,

  (a)  deem the total wages that are paid in the current year to the worker by the temporary help agency for work performed for the other employer to be paid by the other employer;

  (b)  attribute the injury and the accident costs arising from the injury to the other employer; and

   (c)  increase or decrease the amount of the other employer's premiums based upon the frequency of work injuries or the accident costs or both.

Same, access to records

   (5)  If there is an issue in dispute in respect of a determination made by the Board under subsection (4), the other employer described in that subsection shall be deemed to be an employer for the purposes of sections 58 and 59.

Notice by other employer of injury

   (6)  The other employer described in subsection (4) shall notify the Board within three days after learning of an injury to a worker that necessitates health care or results in the worker not being able to earn full wages.

Same

   (7)  The notice must be on a form approved by the Board and the other employer shall give the Board such other information as the Board may require from time to time in connection with the injury.

Failure to comply

   (8)  An employer who fails to comply with subsection (6), (7) or (9) shall pay the prescribed amount to the Board.

Copy to worker

   (9)  The other employer shall give a copy of the notice to the worker at the time the notice is given to the Board.

Commencement

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

 

EXPLANATORY NOTE

The Bill amends five statutes relating to employment and labour relations.  The major elements of the Bill are described below.

SChedule 1
Employment Protection for Foreign Nationals Act (Live-in caregivers and others), 2009

Schedule 1 amends the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009.

The title of the Act is repealed and replaced with Employment Protection for Foreign Nationals Act, 2009.

The Act is amended to expand its application from foreign nationals employed in Ontario as live-in caregivers to foreign nationals employed in Ontario or attempting to find employment in Ontario.  Several provisions are amended to reflect this change.

Section 12 of the Act is amended to provide for the preparation and publication by the Director of Employment Standards of different categories of documents for different categories of foreign nationals and their employers.  A consequential amendment to section 11 is made to reflect this change.

Subsection 50 (1) of the Act is amended to allow the Lieutenant Governor in Council to make regulations providing that an employer may recover certain prescribed costs and requiring that an employer of a foreign national give notice of the beginning and end of the foreign national's employment.

Schedule 2
Employment Standards Act, 2000

Schedule 2 amends the Employment Standards Act, 2000.

Section 2 of the Act is amended by adding a requirement that an employer provide each of his or her employees with a copy of the most recent informational poster published by the Minister under the section.  The section is also amended to require an employer to provide available translations of the poster if they are requested.

Currently, the minimum wage is set out in a regulation made under the Act. The Act is amended to provide that, each year, the minimum wage is adjusted in accordance with the new subsection 23.1 (3). Related amendments are also made.

The new sections 74.4.1 and 74.4.2 of the Act require temporary help agencies and their clients to keep certain records in respect of assignment employees.

The new section 74.18 of the Act makes a temporary help agency and its client jointly and severally liable for certain unpaid wages owing to an assignment employee.

Under the new section 91.1, an employment standards officer may, by giving written notice, require an employer to conduct an examination of the employer's records, practices or both to determine whether the employer is in compliance with one or more provisions of the Act or the regulations.  The section sets out the rules that govern these employer self-audits.

Section 103 of the Act is amended to remove the $10,000 maximum cap on orders made under that section.  Transitional matters are provided for.

Section 111 of the Act is amended to change the time limits on recovery of wages to two years.  Transitional matters are provided for.

schedule 3
Labour relations Act, 1995

Schedule 3 amends the Labour Relations Act, 1995.

The new section 127.3 of the Act applies to the construction industry and establishes two-month open periods during which a trade union may apply to the Board for certification as bargaining agent of any employees in a bargaining unit.

The new subsection 132 (3) of the Act applies to the construction industry and establishes two-month open periods during which employees may apply to the Board for a declaration that a trade union no longer represents the employees in a bargaining unit.

schedule 4
Occupational Health and Safety Act

Schedule 4 amends the Occupational Health and Safety Act.  The definition of "worker" in subsection 1 (1) of the Act is repealed and replaced.

schedule 5
workplace safety and insurance act, 1997

Schedule 5 amends the Workplace Safety and Insurance Act, 1997.

Subsection 2 (1) of the Act is amended by adding a definition of "temporary help agency".

Section 83 of the Act is amended so that if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under the section, and the worker sustains an injury while performing work for the other employer, the Board must attribute the injury to the other employer for the purposes of the section.  The section is further amended to impose certain notice of injury requirements on the other employer if an injury to a worker necessitates health care or results in the worker not being able to earn full wages.  An employer who fails to comply with the notice requirements must pay a prescribed fee.