Bill 22, Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014

Bill 22 2014

An Act to amend the Employment Standards Act, 2000

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

   1.  Section 2 of the Employment Standards Act, 2000 is repealed and the following substituted:

Minister to prepare poster

   2.  (1)  The Minister shall prepare and publish,

  (a)  a poster providing information respecting the rights of individuals who are deemed to be employees under subsection 3 (4.1); and

  (b)  a poster providing such other information about this Act and the regulations as the Minister considers appropriate.

If poster not up to date

   (2)  If the Minister believes that a poster prepared under subsection (1) has become out of date, he or she shall prepare and publish a new poster.

Material to be posted

   (3)  Every employer shall post and keep posted in at least one conspicuous place in every workplace of the employer, where it is likely to come to the attention of employees in that workplace, a copy of,

  (a)  the most recent poster published by the Minister under clause (1) (a), if the employer employs an individual mentioned in clause (1) (a); and

  (b)  the most recent poster published by the Minister under clause (1) (b).

Where majority language not English

   (4)  If the majority language of a workplace of an employer is a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of a poster into that language and, if the Minister has done so, the employer shall post and keep posted a copy of the translation next to the copy of the poster.

Information for certain individuals receiving training

   2.1  (1)  This section applies in respect of an individual receiving training who is excluded from the definition of "employee" in subsection 1 (1) because all of the conditions in subsection 1 (2) are met.

Written notice

   (2)  An employer shall, on or before the first day of employment of an individual mentioned in subsection (1), notify the individual in writing of the following:

    1.  The parts of the Act that do and do not apply to the individual's employment.

    2.  The conditions set out in paragraphs 1 to 6 of subsection 1 (2) that are all met with respect to the individual receiving training.

    3.  The terms of the individual's employment, including the length of his or her employment and a general description of the work to be performed.

    4.  The individual's hours of work.

Same

   (3)  The employer shall ensure that the notice mentioned in subsection (2) identifies the individual in respect of whom the notice is issued and that the individual signs the notice to indicate that he or she understands the information set out in the notice.

Form of notice

   (4)  The notice mentioned in subsection (2) shall be in a form provided by the Director.

Information for Director

   (5)  The employer shall submit a copy of each notice provided to an individual under this section to the Director no later than one week after the individual's first day of employment.

Annual report by Director

   (6)  The Director shall publish an annual report setting out the number of notices provided under this section.

Retention of records

   (7)  The Director shall retain a copy of each notice submitted under subsection (5) for 10 years.

   2.  (1)  Section 3 of the Act is amended by adding the following subsections:

Application, persons receiving training

   (4.1)  Subject to subsections (4) and (5), an individual described in subsection (4.2) is deemed to be an employee for the purposes of the following provisions of this Act:

    1.  Part VI (Records), except for paragraph 5 of subsection 15 (1).

    2.  Part VII (Hours of Work and Eating Periods).

    3.  Part XIV (Leaves of Absence), except for sections 51 and 51.1 and subsection 53 (3).

    4.  Part XVI (Lie Detectors).

    5.  Part XVIII (Reprisal).

    6.  Part XXII (Complaints and Enforcement).

    7.  Part XXIII (Reviews by the Board).

Same

   (4.2)  For the purposes of subsection (4.1), an individual must be one of the following:

    1.  An individual receiving training who is excluded from the definition of "employee" in subsection 1 (1) because all of the conditions in subsection 1 (2) are met.

    2.  A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled.

    3.  An individual who performs work under a program approved by a college of applied arts and technology or a university.

Regulations

   (4.3)  The Lieutenant Governor in Council may make regulations respecting the application of a provision mentioned in subsection (4.1) to an individual described in subsection (4.2).

   (2)  Paragraphs 1 and 2 of subsection 3 (5) of the Act are repealed.

   3.  Section 26 of the Act is amended by adding the following subsection:

Persons receiving training

   (3)  If a public holiday falls on a day that would ordinarily be a working day for an individual who is deemed to be an employee under subsection 3 (4.1), the employer shall give the individual the day off work.

   4.  The Act is amended by adding the following Part:

Part X.1
Vacation without pay

Vacation without pay for persons receiving training

   32.1  An employer of an individual who is deemed to be an employee under subsection 3 (4.1) shall give the individual a vacation of at least two weeks after each vacation entitlement year that he or she completes.

   5.  Subsection 96 (1) of the Act is repealed and the following substituted:

Complaints, information re contraventions

   (1)  A person alleging that this Act has been or is being contravened may,

  (a)  file a complaint with the Ministry in a written or electronic form approved by the Director; or

  (b)  provide information to the Ministry anonymously or through a third party, in accordance with the regulations.

   6.  Section 141 of the Act is amended by adding the following subsection:

Information provided anonymously

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

  (a)  respecting the manner in which information may be provided anonymously or through a third party under clause 96 (1) (b);

  (b)  prescribing the circumstances in which an investigation must occur with respect to information provided anonymously or through a third party under clause 96 (1) (b);

   (c)  respecting the publication of information regarding the possibility of providing information anonymously or through a third party under clause 96 (1) (b);

  (d)  governing, clarifying or varying the application of provisions of this Act or provisions of the regulations in respect of information provided anonymously or through a third party under clause 96 (1) (b).

Commencement

   7.  This Act comes into force three months after the day it receives Royal Assent.

Short title

   8.  The short title of this Act is the Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014.

 

EXPLANATORY NOTE

Under subsection 1 (2) of the Employment Standards Act, 2000, only some individuals receiving training from an employer are considered to be employees.  The Bill amends the Act to deem additional individuals receiving training to be employees for the purposes of specified parts of the Act.  New requirements are imposed on employers with respect to certain individuals receiving training, including the requirement to provide information, the requirement to provide a day off work on a public holiday, and the requirement to provide vacation without pay.

The Bill also amends the Act with respect to allegations that the Act has been or is being contravened.  Information regarding such allegations may be provided to the Ministry either anonymously or through a third party.