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Bill 149, Working for Workers Four Act, 2024

Piccini, Hon. David Minister of Labour, Immigration, Training and Skills Development

Royal Assent received. Statutes of Ontario 2024,

chapter 3

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Bill 149 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 149 and does not form

part of the law.

Bill 149 has been enacted as

Chapter 3 of the Statutes of Ontario, 2024.

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

The

Schedule amends the Digital Platform Workers’ Rights Act,

2022 as follows:

Section

8 of the Act is amended to provide that certain limits on recurring pay periods

and pay days may be prescribed by regulation.

Section

9 of the Act is amended to provide that rules for determining compliance with

the minimum wage requirements of the Act may be prescribed by regulation.

Section

66 of the Act is amended to give the Lieutenant Governor in Council the

authority to make corresponding regulations.

4. The

French version of the Act is amended to make a minor translation correction.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Employment Standards Act, 2000 is amended as

follows:

1. Amendments

are made to include work performed during a trial period within the meaning of

training for the purposes of the definition of “employee” in subsection 1 (1)

of the Act.

2. New

Part III.1 of the Act sets out certain requirements and prohibitions related to

the content of publicly advertised job postings, as defined in that Part.

3. Subsection

11 (4) of the Act, which sets out requirements regarding the payment of wages

by direct deposit, is amended to impose additional requirements related to the

account into which the direct deposit is made.

4. New

subsection 13 (6) of the Act clarifies that the circumstances in which

subclause 13 (5) (b) (ii) of the Act would apply include where a customer of a

restaurant, gas station or other establishment leaves the establishment without

paying for the goods or services taken from, consumed at or received at the

establishment.

5. New

section 14.1 of the Act sets out the permitted methods of paying an employee’s

tips or other gratuities and other related requirements.

6. New

subsection 14.4 (6) of the Act imposes requirements regarding the posting of

employer policies relating to the employer or a director or shareholder of the

employer sharing in tips or other gratuities redistributed under subsection

14.4 (1) of the Act.

7. Subsection

36 (3) of the Act is amended and subsection 36 (4) of the Act is re-enacted to

clarify that the methods of paying vacation pay as set out in those subsections

may only be used if the employee has made an agreement with the employer that

those methods be used.

8. Related

amendments are made to the Act and provision is also made for regulations to be

made by the Lieutenant Governor in Council.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

The

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006 is amended to provide that prescribed requirements must be met

to determine whether a regulated profession assesses qualifications in a way

that is transparent, objective, impartial and fair and, if a third party makes

such assessments, whether the regulated profession has taken reasonable

measures to ensure that the assessments are made in a way that is transparent,

objective, impartial and fair.

SCHEDULE 4

WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section

15.1 of the Workplace Safety and Insurance Act, 1997 ,

which creates presumptions that apply to certain firefighters and fire

investigators, is amended to establish a presumption in respect of primary-site

esophageal cancer. Related amendments are made to provisions of that

section

and to

section 15.2.

The

Act is amended by adding a new

section 52.0.1 and by making corresponding

amendments to sections 54 and 111 of the Act. These provisions govern the

annual adjustment of payments provided for in, or otherwise determined under,

the Act. The amendments provide that a prescribed additional indexing factor

may be applied on such dates as may be prescribed. The Lieutenant Governor in

Council is given related regulation-making powers.

Bill 149 2024

Act to amend various statutes with respect to

employment and labour and other matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Digital

Platform Workers’ Rights Act, 2022

Schedule 2

Employment

Standards Act, 2000

Schedule 3

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 4

Workplace

Safety and Insurance Act, 1997

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

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

Act.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(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

The

short title of this Act is the Working for Workers Four Act, 202 4 .

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

Section 8 of the Digital Platform Workers’ Rights Act,

2022 is amended by adding the following subsection:

Same,

prescribed limits

(2) For

the purposes of subsection (1),

(

a) a

recurring pay period shall not exceed the prescribed number of days, if any;

and

(

b) a

recurring pay day shall be no later than the prescribed number of days, if any,

after the end of the pay period.

(1) Subsection 9 (2) of the Act is amended by adding “Unless the

regulations provide otherwise” at the beginning of the portion before paragraph

(2) Paragraph

2 of subsection 9 (2) of the Act is amended by striking out “for that

assignment” at the end.

(3) Paragraph

3 of subsection 9 (2) of the Act is repealed.

Subsection 66 (1) of the Act is amended by adding the following clauses:

(d.1) prescribing

a number of days for the purposes of clause 8 (2) (

a) or 8 (2) (b);

(d.2) prescribing

rules for the purpose of determining compliance with subsection 9 (1),

including providing that minimum wage may be paid other than on a per work

assignment basis;

The French version of the Act is amended by striking out “répétitive” wherever

it appears and substituting in each case “récurrente”.

Commencement

This

Schedule comes into force on the later of the day subsection 9 (1) of

Schedule 1 ( Digital Platform Workers’ Rights Act, 2022 )

to the Working for Workers Act, 2022 comes into

force and the day the Working for Workers Four Act, 2024

receives Royal Assent.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

Section 1 of the Employment Standards Act, 2000 is

amended by adding the following subsection:

Training

includes trial periods

(2.1) For

the purposes of clause (

c) of the definition of “employee” in subsection (1),

training includes work performed during a trial period.

(1) The Act is amended by adding the following Part:

PART III.1

JOB POSTINGS

Definitions

8.1 In this Part, and for

the purposes of

Part XXI (Who Enforces this Act and What They Can Do),

Part

XXII (Complaints and Enforcement),

Part XXIII (Reviews by the Board),

Part XXIV

(Collection),

Part XXV (Offences and Prosecutions),

Part XXVI (Miscellaneous

Evidentiary Provisions) and

Part XXVII (Regulations) insofar as matters

concerning this Part are concerned,

“artificial

intelligence” has the meaning set out in the regulations; (“intelligence

artificielle”)

“employer”

means an employer as defined in subsection 1 (1) and includes a prospective

employer; (“employeur”)

“publicly

advertised job posting” has the meaning set out in the regulations. (“annonce

publique de poste”)

Compensation

range information

8.2

(1) Every

employer who advertises a publicly advertised job posting shall include in the

posting information about the expected compensation for the position or the

range of expected compensation for the position.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

Range

of expected compensation

(3) For

the purposes of subsection (1), a range of expected compensation is subject to

such conditions, limitations, restrictions or requirements as may be

prescribed.

Canadian experience

8.3

(1) No

employer who advertises a publicly advertised job posting shall include in the

posting or in any associated application form any requirements related to

Canadian experience.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

Use

of artificial intelligence

8.4

(1) Every

employer who advertises a publicly advertised job posting and who uses

artificial intelligence to screen, assess or select applicants for the position

shall include in the posting a statement disclosing the use of the artificial

intelligence.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

(2) Section

8.2 of the Act, as enacted by subsection (1), is repealed.

(1) Clause 11 (4) (

a) of the Act is repealed and the following

substituted:

(

a) the

account is selected by the employee and is in the employee’s name;

(2) Subsection

11 (4) of the Act is amended by adding “and” after clause (

b) and by adding the

following clause:

(

c) the

account meets the prescribed criteria, if any.

Section 13 of the Act is amended by adding the following subsection:

Cash

shortage, lost property, etc.

(6) For

greater certainty, the circumstances set out in subclause (5) (b) (ii) include

where a customer of a restaurant, gas station or other establishment leaves the

establishment without paying for the goods or services taken from, consumed at

or received at the establishment.

The Act is amended by adding the following

section to

Part V.1:

Method

of payment

14.1

(1) An

employer shall pay an employee’s tips or other gratuities,

(

a) by

cash;

(

b) by

cheque payable only to the employee;

(

c) by

direct deposit in accordance with subsection (3); or

(

d) by

any other prescribed method of payment.

Place

of payment by cash or cheque

(2) If

payment is made by cash or cheque, the employer shall ensure that the cash or

cheque is given to the employee at his or her workplace or at some other place

agreeable to the employee.

Direct

deposit

(3) An

employer may pay an employee’s tips or other gratuities by direct deposit into

an account of a financial institution if,

(

a) the

account is selected by the employee and is in the employee’s name;

(

b) no

person other than the employee or a person authorized by the employee has

access to the account; and

(

c) the

account meets the prescribed criteria, if any.

Section 14.4 of the Act is amended by adding the following subsection:

Policy

re employer, etc., sharing in tips

(6) If

an employer has a policy in place with respect to the employer or a director or

shareholder of the employer sharing in tips or other gratuities redistributed

under subsection (1), the employer shall post and keep posted a copy of the policy

in at least one conspicuous place in the employer’s establishment where it is

likely to come to the attention of the employer’s employees.

(1) Section 15 of the Act is amended by adding the following

subsection:

Retention

of job postings

(7.1) An

employer shall retain or arrange for some other person to retain copies of

every publicly advertised job posting within the meaning of

Part III.1 and any

associated application form for three years after access to the posting by the

general public is removed.

(2) Section

15 of the Act is amended by adding the following subsection:

Retention

of tips sharing policy

(7.2) An

employer shall retain or arrange for some other person to retain copies of

every written policy on sharing in tips or other gratuities that is required to

be posted under subsection 14.4 (6) for three years after the policy ceases to be

in effect.

(1) Subsection 36 (3) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Same

(3) The

employer may pay the employee vacation pay that accrues during a pay period on

the pay day for that period if the employee has made an agreement with the

employer that it may be paid in that manner and,

. . . .

(2) Subsection

36 (4) of the Act is repealed and the following substituted:

Same

(4) The

employer may pay the employee vacation pay at a time set out in an agreement

that the employee has made with the employer.

(1) Subsection 141 (1) of the Act is amended by adding the following

paragraph:

1.2 Prescribing

a method of payment for the purposes of clause 14.1 (1) (

d) and establishing

any terms, conditions or limitations on its use.

(2) Section

141 of the Act is amended by adding the following subsection:

Transitional

regulations

(2.0.3.8) The

Lieutenant Governor in Council may make regulations providing for any

transitional matter that the Lieutenant Governor in Council considers necessary

or advisable in connection with the implementation of the amendments made by the

Working for Workers Four Act, 2024 .

(3) Subsection

141 (2.0.4) of the Act is amended by striking out “or (2.0.3.7)” wherever it

appears and substituting in each case “(2.0.3.7) or (2.0.3.8)”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Four

Act, 2024 receives Royal Assent.

(2) Sections

3, 5, and 6, subsection 7 (2),

section 8 and subsection 9 (1) come into force

on the day that is three months after the day the Working

for Workers Four Act, 2024 receives Royal Assent.

(3) Section

2 and subsection 7 (1) come into force on a day to be named by proclamation of

the Lieutenant Governor.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

Section 10 of the Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended by adding the following

subsection:

Same

(3) For

the purposes of subsection (2),

(

a) in

order for a regulated profession to be considered to make assessments of

qualifications in a way that is transparent, objective, impartial and fair, it

must, at a minimum, meet the requirements prescribed by regulation; and

(

b) in

order for a regulated profession to be considered to have taken reasonable

measures to ensure that a third party makes assessments in a way that is

transparent, objective, impartial and fair, it must, at a minimum, meet the

requirements prescribed by regulation, including any requirements respecting

contracts entered into between the regulated profession and the third party.

Subsection 34 (1) of the Act is amended by adding the following clause:

(c.1.3) governing

the assessment of qualifications for the purposes of subsection 10 (2),

including,

(

i) prescribing

requirements relating to the determination of whether a regulated profession

makes assessments in a way that is transparent, objective, impartial and fair,

and

(ii) prescribing

requirements relating to the determination of whether a regulated profession

has taken reasonable measures to ensure that a third party makes assessments in

a way that is transparent, objective, impartial and fair;

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 4

WORKPLACE SAFETY AND INSURANCE ACT, 1997

(1) Subsections 15.1 (5) and (6) of the Workplace

Safety and Insurance Act, 1997 are repealed and the following

substituted:

Same,

primary-site esophageal cancer

(4.1) If

a worker is prescribed under clause (8) (

a) and suffers from and is impaired by

primary-site esophageal cancer, the disease is presumed to be an occupational

disease that occurs due to the nature of the worker’s employment as a firefighter

or fire investigator, unless the contrary is shown.

Restriction

(4.2) The

presumption in subsection (4.1) does not apply unless the worker was employed

as a full-time firefighter, part-time firefighter or fire investigator or

served as a volunteer firefighter for a total of at least 15 years before being

diagnosed.

Time

of diagnosis

(5) The

presumptions in subsection (4) and (4.1) apply only to diseases diagnosed on or

after January 1, 1960.

Diseases

diagnosed before 1998

(6) If

a presumption in subsection (4) or (4.1) applies in relation to a disease of a

worker that is diagnosed before January 1, 1998, the rights of the worker or

his or her survivor shall, subject to the presumption, be determined in

accordance with

Part IX.

(2) Clause

15.1 (8) (

a) of the Act is amended by striking out “or (4)” and substituting

“(4) or (4.1)”.

(3) Clause

15.1 (8) (

b) of the Act is repealed and the following substituted:

(

b) defining

“firefighter”, “fire investigator”, “full-time firefighter” and “part-time

firefighter” for the purposes of this

section and the regulations under this

section;

(4) Clause

15.1 (8) (

e) of the Act is amended by striking out “and (4)” and substituting

“(4) and (4.1)”.

Subsection 15.2 (1) of the Act is repealed and the following substituted:

Claims

based on presumptions

(1) This

section applies if,

(

a) a

regulation under

section 15.1 is made or amended and, as a result, a

presumption established under

section 15.1 applies to an injury sustained by a

worker or to a disease with which a worker is diagnosed; or

(

b) the

presumption established under subsection 15.1 (4.1) applies to a disease with

which a worker is diagnosed.

The Act is amended by adding the following section:

Additional

indexing factor

52.0.1

(1) If an

additional indexing factor is prescribed for the purposes of this section, on

the prescribed date, the Board shall,

(

a) adjust

the amounts that were adjusted under subsection 51 (1) and

section 52 by the

prescribed additional indexing factor; or

(

b) if

the amounts that were adjusted under subsection 51 (1) and

section 52 were

previously adjusted by a prescribed additional indexing factor in the same

calendar year, adjust the amounts previously adjusted by the most recently

prescribed additional indexing factor.

Same,

January 1

(2) If

the date prescribed for the purposes of subsection (1) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Same,

new claims

(3) If

the date prescribed for the purposes of subsection (1) is a date other than

January 1, on the prescribed date, the Board shall,

(

a) adjust

amounts that first became payable between January 1 and the prescribed date by

the prescribed additional indexing factor; and

(

b) if

more than one additional indexing factor is prescribed in the same calendar

year, adjust amounts previously adjusted by the most recently prescribed

additional indexing factor.

Section 54 of the Act is amended by adding the following subsections:

Additional

indexing factor

(4) If

an additional indexing factor is prescribed for the purposes of this

subsection, on the prescribed date, the Board shall adjust the amount that, in

the year the worker was injured, was deemed to be a worker’s average earnings

under subsection (1) by applying the prescribed additional indexing factor to

the amount as first determined, or as most recently adjusted, as the case may

be, and shall round the adjusted amount to the nearest $100.

Same,

January 1

(5) If

the date prescribed for the purposes of subsection (4) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Section 111 of the Act is amended by adding the following subsections:

Additional

indexing factor

(3) If

an additional indexing factor is prescribed for the purposes of this

subsection, on the prescribed date, the Board shall,

(

a) adjust

the amounts set out in the pre-1997 Act and the amounts payable under that Act

that are adjusted on January 1 by the indexing factor described in subsection

49 (1) of this Act, by the prescribed additional indexing factor; or

(

b) if

the amounts set out in the pre-1997 Act and the amounts payable under that Act

that are adjusted on January 1 by the indexing factor described in subsection

49 (1) of this Act were previously adjusted by a prescribed additional indexing

factor in the same calendar year, adjust the amounts previously adjusted by the

most recently prescribed additional indexing factor.

Same,

January 1

(4) If

the date prescribed for the purposes of subsection (3) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Same,

new claims

(5) If

the date prescribed for the purposes of subsection (3) is a date other than

January 1, on the prescribed date, the Board shall,

(

a) adjust

amounts that first became payable under the pre-1997 Act between January 1 and

the prescribed date by the prescribed additional indexing factor; and

(

b) if

more than one additional indexing factor is prescribed in the same calendar

year, adjust amounts previously adjusted by the most recently prescribed

additional indexing factor.

Section 184 of the Act is repealed and the following substituted:

Regulations,

additional indexing factor

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

an additional indexing factor, to be expressed as a percentage, for the

purposes of subsections 52.0.1 (1), 54 (4) and 111 (3);

(

b) prescribing

a date for the purposes of subsections 52.0.1 (1), 54 (4) and 111 (3).

Same

(2) The

application of a prescribed additional indexing factor may be subject to any

terms, restrictions, limitations, conditions or exclusions that are set out in

the regulations.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Bill 149 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

The

Schedule amends the Digital Platform Workers’ Rights Act,

2022 as follows:

Section

8 of the Act is amended to provide that certain limits on recurring pay periods

and pay days may be prescribed by regulation.

Section

9 of the Act is amended to provide that rules for determining compliance with

the minimum wage requirements of the Act may be prescribed by regulation.

Section

66 of the Act is amended to give the Lieutenant Governor in Council the

authority to make corresponding regulations.

4. The

French version of the Act is amended to make a minor translation correction.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Employment Standards Act, 2000 is amended as

follows:

1. Amendments

are made to include work performed during a trial period within the meaning of

training for the purposes of the definition of “employee” in subsection 1 (1)

of the Act.

2. New

Part III.1 of the Act sets out certain requirements and prohibitions related to

the content of publicly advertised job postings, as defined in that Part.

3. Subsection

11 (4) of the Act, which sets out requirements regarding the payment of wages

by direct deposit, is amended to impose additional requirements related to the

account into which the direct deposit is made.

4. New

subsection 13 (6) of the Act clarifies that the circumstances in which

subclause 13 (5) (b) (ii) of the Act would apply include where a customer of a

restaurant, gas station or other establishment leaves the establishment without

paying for the goods or services taken from, consumed at or received at the

establishment.

5. New

section 14.1 of the Act sets out the permitted methods of paying an employee’s

tips or other gratuities and other related requirements.

6. New

subsection 14.4 (6) of the Act imposes requirements regarding the posting of

employer policies relating to the employer or a director or shareholder of the

employer sharing in tips or other gratuities redistributed under subsection

14.4 (1) of the Act.

7. Subsection

36 (3) of the Act is amended and subsection 36 (4) of the Act is re-enacted to

clarify that the methods of paying vacation pay as set out in those subsections

may only be used if the employee has made an agreement with the employer that

those methods be used.

8. Related

amendments are made to the Act and provision is also made for regulations to be

made by the Lieutenant Governor in Council.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

The

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006 is amended to provide that prescribed requirements must be met

to determine whether a regulated profession assesses qualifications in a way

that is transparent, objective, impartial and fair and, if a third party makes

such assessments, whether the regulated profession has taken reasonable

measures to ensure that the assessments are made in a way that is transparent,

objective, impartial and fair.

SCHEDULE 4

WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section

15.1 of the Workplace Safety and Insurance Act, 1997 ,

which creates presumptions that apply to certain firefighters and fire

investigators, is amended to establish a presumption in respect of primary-site

esophageal cancer. Related amendments are made to provisions of that

section

and to

section 15.2.

The

Act is amended by adding a new

section 52.0.1 and by making corresponding

amendments to sections 54 and 111 of the Act. These provisions govern the

annual adjustment of payments provided for in, or otherwise determined under,

the Act. The amendments provide that a prescribed additional indexing factor

may be applied on such dates as may be prescribed. The Lieutenant Governor in

Council is given related regulation-making powers.

Bill 149 2023

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

matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Digital

Platform Workers’ Rights Act, 2022

Schedule 2

Employment

Standards Act, 2000

Schedule 3

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 4

Workplace

Safety and Insurance Act, 1997

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This

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

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(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 Working for Workers Four

Act, 2023 .

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

Section 8 of the Digital Platform Workers’ Rights Act,

2022 is amended by adding the following subsection:

Same,

prescribed limits

(2) For

the purposes of subsection (1),

(

a) a

recurring pay period shall not exceed the prescribed number of days, if any;

and

(

b) a

recurring pay day shall be no later than the prescribed number of days, if any,

after the end of the pay period.

(1) Subsection 9 (2) of the Act is amended by adding “Unless the

regulations provide otherwise” at the beginning of the portion before paragraph

(2) Paragraph

2 of subsection 9 (2) of the Act is amended by striking out “for that

assignment” at the end.

(3) Paragraph

3 of subsection 9 (2) of the Act is repealed.

Subsection 66 (1) of the Act is amended by adding the following clauses:

(d.1) prescribing

a number of days for the purposes of clause 8 (2) (

a) or 8 (2) (b);

(d.2) prescribing

rules for the purpose of determining compliance with subsection 9 (1),

including providing that minimum wage may be paid other than on a per work

assignment basis;

The French version of the Act is amended by striking out “répétitive” wherever

it appears and substituting in each case “récurrente”.

Commencement

This

Schedule comes into force on the later of the day subsection 9 (1) of

Schedule 1 ( Digital Platform Workers’ Rights Act, 2022 )

to the Working for Workers Act, 2022 comes into

force and the day the Working for Workers Four Act, 2023

receives Royal Assent.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

Section 1 of the Employment Standards Act, 2000 is

amended by adding the following subsection:

Training

includes trial periods

(2.1) For

the purposes of clause (

c) of the definition of “employee” in subsection (1),

training includes work performed during a trial period.

(1) The Act is amended by adding the following Part:

PART III.1

JOB POSTINGS

Definitions

8.1 In this Part, and for

the purposes of

Part XXI (Who Enforces this Act and What They Can Do),

Part

XXII (Complaints and Enforcement),

Part XXIII (Reviews by the Board),

Part XXIV

(Collection),

Part XXV (Offences and Prosecutions),

Part XXVI (Miscellaneous

Evidentiary Provisions) and

Part XXVII (Regulations) insofar as matters

concerning this Part are concerned,

“artificial

intelligence” has the meaning set out in the regulations; (“intelligence

artificielle”)

“employer”

means an employer as defined in subsection 1 (1) and includes a prospective

employer; (“employeur”)

“publicly

advertised job posting” has the meaning set out in the regulations. (“annonce

publique de poste”)

Compensation

range information

8.2

(1) Every

employer who advertises a publicly advertised job posting shall include in the

posting information about the expected compensation for the position or the

range of expected compensation for the position.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

Range

of expected compensation

(3) For

the purposes of subsection (1), a range of expected compensation is subject to

such conditions, limitations, restrictions or requirements as may be

prescribed.

Canadian experience

8.3

(1) No

employer who advertises a publicly advertised job posting shall include in the

posting or in any associated application form any requirements related to

Canadian experience.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

Use

of artificial intelligence

8.4

(1) Every

employer who advertises a publicly advertised job posting and who uses

artificial intelligence to screen, assess or select applicants for the position

shall include in the posting a statement disclosing the use of the artificial

intelligence.

Exception

(2) Subsection

(1) does not apply to a publicly advertised job posting that meets such

criteria as may be prescribed.

(2) Section

8.2 of the Act, as enacted by subsection (1), is repealed.

(1) Clause 11 (4) (

a) of the Act is repealed and the following

substituted:

(

a) the

account is selected by the employee and is in the employee’s name;

(2) Subsection

11 (4) of the Act is amended by adding “and” after clause (

b) and by adding the

following clause:

(

c) the

account meets the prescribed criteria, if any.

Section 13 of the Act is amended by adding the following subsection:

Cash

shortage, lost property, etc.

(6) For

greater certainty, the circumstances set out in subclause (5) (b) (ii) include

where a customer of a restaurant, gas station or other establishment leaves the

establishment without paying for the goods or services taken from, consumed at

or received at the establishment.

The Act is amended by adding the following

section to

Part V.1:

Method

of payment

14.1

(1) An

employer shall pay an employee’s tips or other gratuities,

(

a) by

cash;

(

b) by

cheque payable only to the employee;

(

c) by

direct deposit in accordance with subsection (3); or

(

d) by

any other prescribed method of payment.

Place

of payment by cash or cheque

(2) If

payment is made by cash or cheque, the employer shall ensure that the cash or

cheque is given to the employee at his or her workplace or at some other place

agreeable to the employee.

Direct

deposit

(3) An

employer may pay an employee’s tips or other gratuities by direct deposit into

an account of a financial institution if,

(

a) the

account is selected by the employee and is in the employee’s name;

(

b) no

person other than the employee or a person authorized by the employee has

access to the account; and

(

c) the

account meets the prescribed criteria, if any.

Section 14.4 of the Act is amended by adding the following subsection:

Policy

re employer, etc., sharing in tips

(6) If

an employer has a policy in place with respect to the employer or a director or

shareholder of the employer sharing in tips or other gratuities redistributed

under subsection (1), the employer shall post and keep posted a copy of the

policy in at least one conspicuous place in the employer’s establishment where

it is likely to come to the attention of the employer’s employees.

(1) Section 15 of the Act is amended by adding the following

subsection:

Retention

of job postings

(7.1) An

employer shall retain or arrange for some other person to retain copies of

every publicly advertised job posting within the meaning of

Part III.1 and any

associated application form for three years after access to the posting by the

general public is removed.

(2) Section

15 of the Act is amended by adding the following subsection:

Retention

of tips sharing policy

(7.2) An

employer shall retain or arrange for some other person to retain copies of

every written policy on sharing in tips or other gratuities that is required to

be posted under subsection 14.4 (6) for three years after the policy ceases to be

in effect.

(1) Subsection 36 (3) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Same

(3) The

employer may pay the employee vacation pay that accrues during a pay period on

the pay day for that period if the employee has made an agreement with the

employer that it may be paid in that manner and,

. . . .

(2) Subsection

36 (4) of the Act is repealed and the following substituted:

Same

(4) The

employer may pay the employee vacation pay at a time set out in an agreement

that the employee has made with the employer.

(1) Subsection 141 (1) of the Act is amended by adding the following

paragraph:

1.2 Prescribing

a method of payment for the purposes of clause 14.1 (1) (

d) and establishing

any terms, conditions or limitations on its use.

(2) Section

141 of the Act is amended by adding the following subsection:

Transitional

regulations

(2.0.3.8) The

Lieutenant Governor in Council may make regulations providing for any

transitional matter that the Lieutenant Governor in Council considers necessary

or advisable in connection with the implementation of the amendments made by

the Working for Workers Four Act, 2023 .

(3) Subsection

141 (2.0.4) of the Act is amended by striking out “or (2.0.3.7)” wherever it

appears and substituting in each case “(2.0.3.7) or (2.0.3.8)”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Four

Act, 2023 receives Royal Assent.

(2) Sections

3, 5, and 6, subsection 7 (2),

section 8 and subsection 9 (1) come into force

on the day that is three months after the day the Working

for Workers Four Act, 2023 receives Royal Assent.

(3) Section

2 and subsection 7 (1) come into force on a day to be named by proclamation of

the Lieutenant Governor.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

Section 10 of the Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended by adding the following

subsection:

Same

(3) For

the purposes of subsection (2),

(

a) in

order for a regulated profession to be considered to make assessments of

qualifications in a way that is transparent, objective, impartial and fair, it must,

at a minimum, meet the requirements prescribed by regulation; and

(

b) in

order for a regulated profession to be considered to have taken reasonable

measures to ensure that a third party makes assessments in a way that is

transparent, objective, impartial and fair, it must, at a minimum, meet the

requirements prescribed by regulation, including any requirements respecting

contracts entered into between the regulated profession and the third party.

Subsection 34 (1) of the Act is amended by adding the following clause:

(c.1.3) governing

the assessment of qualifications for the purposes of subsection 10 (2),

including,

(

i) prescribing

requirements relating to the determination of whether a regulated profession

makes assessments in a way that is transparent, objective, impartial and fair,

and

(ii) prescribing

requirements relating to the determination of whether a regulated profession

has taken reasonable measures to ensure that a third party makes assessments in

a way that is transparent, objective, impartial and fair;

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 4

WORKPLACE SAFETY AND INSURANCE ACT, 1997

(1) Subsections 15.1 (5) and (6) of the Workplace

Safety and Insurance Act, 1997 are repealed and the following

substituted:

Same,

primary-site esophageal cancer

(4.1) If

a worker is prescribed under clause (8) (

a) and suffers from and is impaired by

primary-site esophageal cancer, the disease is presumed to be an occupational

disease that occurs due to the nature of the worker’s employment as a firefighter

or fire investigator, unless the contrary is shown.

Restriction

(4.2) The

presumption in subsection (4.1) does not apply unless the worker was employed

as a full-time firefighter, part-time firefighter or fire investigator or

served as a volunteer firefighter for a total of at least 15 years before being

diagnosed.

Time

of diagnosis

(5) The

presumptions in subsection (4) and (4.1) apply only to diseases diagnosed on or

after January 1, 1960.

Diseases

diagnosed before 1998

(6) If

a presumption in subsection (4) or (4.1) applies in relation to a disease of a

worker that is diagnosed before January 1, 1998, the rights of the worker or

his or her survivor shall, subject to the presumption, be determined in

accordance with

Part IX.

(2) Clause

15.1 (8) (

a) of the Act is amended by striking out “or (4)” and substituting

“(4) or (4.1)”.

(3) Clause

15.1 (8) (

b) of the Act is repealed and the following substituted:

(

b) defining

“firefighter”, “fire investigator”, “full-time firefighter” and “part-time

firefighter” for the purposes of this

section and the regulations under this

section;

(4) Clause

15.1 (8) (

e) of the Act is amended by striking out “and (4)” and substituting

“(4) and (4.1)”.

Subsection 15.2 (1) of the Act is repealed and the following substituted:

Claims

based on presumptions

(1) This

section applies if,

(

a) a

regulation under

section 15.1 is made or amended and, as a result, a

presumption established under

section 15.1 applies to an injury sustained by a

worker or to a disease with which a worker is diagnosed; or

(

b) the

presumption established under subsection 15.1 (4.1) applies to a disease with

which a worker is diagnosed.

The Act is amended by adding the following section:

Additional

indexing factor

52.0.1

(1) If an

additional indexing factor is prescribed for the purposes of this section, on

the prescribed date, the Board shall,

(

a) adjust

the amounts that were adjusted under subsection 51 (1) and

section 52 by the

prescribed additional indexing factor; or

(

b) if

the amounts that were adjusted under subsection 51 (1) and

section 52 were

previously adjusted by a prescribed additional indexing factor in the same

calendar year, adjust the amounts previously adjusted by the most recently

prescribed additional indexing factor.

Same,

January 1

(2) If

the date prescribed for the purposes of subsection (1) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Same,

new claims

(3) If

the date prescribed for the purposes of subsection (1) is a date other than

January 1, on the prescribed date, the Board shall,

(

a) adjust

amounts that first became payable between January 1 and the prescribed date by

the prescribed additional indexing factor; and

(

b) if

more than one additional indexing factor is prescribed in the same calendar

year, adjust amounts previously adjusted by the most recently prescribed

additional indexing factor.

Section 54 of the Act is amended by adding the following subsections:

Additional

indexing factor

(4) If

an additional indexing factor is prescribed for the purposes of this

subsection, on the prescribed date, the Board shall adjust the amount that, in

the year the worker was injured, was deemed to be a worker’s average earnings

under subsection (1) by applying the prescribed additional indexing factor to

the amount as first determined, or as most recently adjusted, as the case may

be, and shall round the adjusted amount to the nearest $100.

Same,

January 1

(5) If

the date prescribed for the purposes of subsection (4) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Section 111 of the Act is amended by adding the following subsections:

Additional

indexing factor

(3) If

an additional indexing factor is prescribed for the purposes of this

subsection, on the prescribed date, the Board shall,

(

a) adjust

the amounts set out in the pre-1997 Act and the amounts payable under that Act

that are adjusted on January 1 by the indexing factor described in subsection

49 (1) of this Act, by the prescribed additional indexing factor; or

(

b) if

the amounts set out in the pre-1997 Act and the amounts payable under that Act

that are adjusted on January 1 by the indexing factor described in subsection

49 (1) of this Act were previously adjusted by a prescribed additional indexing

factor in the same calendar year, adjust the amounts previously adjusted by the

most recently prescribed additional indexing factor.

Same,

January 1

(4) If

the date prescribed for the purposes of subsection (3) is January 1, the Board

may add the prescribed additional indexing factor to the indexing factor

described in subsection 49 (1) and apply them to the amounts to be adjusted in

a single calculation.

Same,

new claims

(5) If

the date prescribed for the purposes of subsection (3) is a date other than

January 1, on the prescribed date, the Board shall,

(

a) adjust

amounts that first became payable under the pre-1997 Act between January 1 and

the prescribed date by the prescribed additional indexing factor; and

(

b) if

more than one additional indexing factor is prescribed in the same calendar

year, adjust amounts previously adjusted by the most recently prescribed

additional indexing factor.

Section 184 of the Act is repealed and the following substituted:

Regulations,

additional indexing factor

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

an additional indexing factor, to be expressed as a percentage, for the

purposes of subsections 52.0.1 (1), 54 (4) and 111 (3);

(

b) prescribing

a date for the purposes of subsections 52.0.1 (1), 54 (4) and 111 (3).

Same

(2) The

application of a prescribed additional indexing factor may be subject to any

terms, restrictions, limitations, conditions or exclusions that are set out in

the regulations.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Date Bill stage Event Outcome Committee

March 21, 2024

Royal Assent

Royal Assent received

March 19, 2024

Third Reading

Vote

Carried

March 19, 2024

Third Reading

Question put

March 19, 2024

Third Reading

Debated

March 18, 2024

Third Reading

Debated

Debate adjourned

March 18, 2024

Third Reading

Debated

Debate adjourned

February 28, 2024

Third Reading

Debated

Debate adjourned

February 22, 2024

Third Reading

Debated

February 20, 2024

Second Reading

Ordered for Third Reading

February 20, 2024

Second Reading

Report adopted

February 20, 2024

Second Reading

Reported without amendment

Standing Committee on Social Policy

February 14, 2024

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

February 13, 2024

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

February 12, 2024

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

November 23, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

November 23, 2023

Second Reading

Vote

Carried

November 23, 2023

Second Reading

Question put

November 23, 2023

Second Reading

Debated

November 22, 2023

Second Reading

Debated

Debate adjourned

November 21, 2023

Second Reading

Debated

Debate adjourned

November 16, 2023

Second Reading

Debated

Debate adjourned

November 16, 2023

Second Reading

Debated

Debate adjourned

November 14, 2023

First Reading

Ordered for Second Reading

November 14, 2023

First Reading

Vote

Carried

First Reading

November 14, 2023

Carried

Ordered for Second Reading

Second Reading

November 16, 2023

Principal Debaters

Anand, Deepak

Mississauga—Malton

Piccini, Hon. David

Northumberland—Peterborough South

Smith, David

Scarborough Centre

West, Jamie

Sudbury

Questions and Responses

Bresee, Ric

Hastings—Lennox and Addington

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Thanigasalam, Hon. Vijay

Scarborough—Rouge Park

November 16, 2023

Debated

November 21, 2023

Principal Debaters

Sattler, Peggy

London West

Questions and Responses

Bell, Jessica

University—Rosedale

Burch, Jeff

Niagara Centre

Holland, Kevin

Thunder Bay—Atikokan

Smith, Laura

Thornhill

Vaugeois, Lise

Thunder Bay—Superior North

November 22, 2023

Principal Debaters

Bourgouin, Guy

Mushkegowuk—James Bay

Gallagher Murphy, Dawn

Newmarket—Aurora

Gretzky, Lisa

Windsor West

Questions and Responses

Harden, Joel

Ottawa Centre

Martin, Robin

Eglinton—Lawrence

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Sattler, Peggy

London West

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Tabuns, Peter

Toronto—Danforth

Yakabuski, John

Renfrew—Nipissing—Pembroke

November 23, 2023

Principal Debaters

Begum, Doly

Scarborough Southwest

Bell, Jessica

University—Rosedale

Crawford, Stephen

Oakville

Glover, Chris

Spadina—Fort York

Kernaghan, Terence

London North Centre

McCarthy, Hon. Todd

Durham

McMahon, Mary-Margaret

Beaches—East York

Shamji, Adil

Don Valley East

Williams, Hon. Charmaine

Brampton Centre

Questions and Responses

Anand, Deepak

Mississauga—Malton

Bresee, Ric

Hastings—Lennox and Addington

Byers, Rick

Bruce—Grey—Owen Sound

Dowie, Andrew

Windsor—Tecumseh

Jordan, John

Lanark—Frontenac—Kingston

Kanapathi, Logan

Markham—Thornhill

Kerzner, Hon. Michael

York Centre

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, David

Scarborough Centre

Taylor, Monique

Hamilton Mountain

Vanthof, John

Timiskaming—Cochrane

Wai, Daisy

Richmond Hill

Question put

Carried

Ordered referred to Standing Committee

Standing Committee on Social Policy

February 12, 2024

Consideration of a Bill

Standing Committee on Social Policy

February 13, 2024

Consideration of a Bill

Standing Committee on Social Policy

February 14, 2024

Consideration of a Bill

Standing Committee on Social Policy

February 20, 2024

Reported without amendment

Standing Committee on Social Policy

Report adopted

Ordered for Third Reading

Third Reading

February 22, 2024

Principal Debaters

Anand, Deepak

Mississauga—Malton

Piccini, Hon. David

Northumberland—Peterborough South

Smith, David

Scarborough Centre

Questions and Responses

Shamji, Adil

Don Valley East

Wai, Daisy

Richmond Hill

West, Jamie

Sudbury

February 28, 2024

West, Jamie

Sudbury

March 18, 2024

Principal Debaters

Bell, Jessica

University—Rosedale

Bourgouin, Guy

Mushkegowuk—James Bay

Clancy, Aislinn

Kitchener Centre

Dixon, Jess

Kitchener South—Hespeler

Fraser, John

Ottawa South

Gates, Wayne

Niagara Falls

Gretzky, Lisa

Windsor West

Hogarth, Christine

Etobicoke—Lakeshore

Oosterhoff, Sam

Niagara West

Sabawy, Sheref

Mississauga—Erin Mills

West, Jamie

Sudbury

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Coe, Lorne

Whitby

Dowie, Andrew

Windsor—Tecumseh

Glover, Chris

Spadina—Fort York

Harden, Joel

Ottawa Centre

Leardi, Anthony

Essex

Lecce, Hon. Stephen

King—Vaughan

McCarthy, Hon. Todd

Durham

Piccini, Hon. David

Northumberland—Peterborough South

Rae, Matthew

Perth—Wellington

Sattler, Peggy

London West

Saunderson, Brian

Simcoe—Grey

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Vaugeois, Lise

Thunder Bay—Superior North

Williams, Hon. Charmaine

Brampton Centre

March 18, 2024

Debated

March 19, 2024

Debated

Question put

Carried

Royal Assent

March 21, 2024

Royal Assent received