Working for Workers Act, 2023 — Bill 79 (43rd Parliament, 1st Session)
Bill 79, 43-1
Ontario — Bills
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Bill 79, Working for Workers Act, 2023
Piccini, Hon. David Minister of Labour, Immigration, Training and Skills Development
Royal Assent received. Statutes of Ontario 2023,
chapter 15
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Bill 79 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 79 and does not form part of the law.
Bill 79 has been enacted as
Chapter 15 of the Statutes of Ontario, 2023.
SCHEDULE 1
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009
Amendments
are made to the Employment Protection for Foreign
Nationals Act, 2009 relating to contraventions of subsection 9 (1) or
(2) of the Act in respect of a passport or work permit. The Act is amended to
provide that the Ontario Labour Relations Board shall reduce the penalty set
out in the notice of contravention where certain conditions apply. The Act is
also amended to establish higher maximum fines for a conviction for the
contravention.
SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000
The
Employment Standards Act, 2000 is amended. Here are
some highlights:
Section
50.2 is amended to provide that an employee who is in treatment, recovery or
rehabilitation in respect of a physical or mental health illness, injury or
medical emergency that results from participation in certain operations or
activities is entitled to reservist leave under that section.
New
section 53.2 provides that in
Part XV of the Act, in certain circumstances, a
“location at which an employer carries on business” includes an employee’s
private residence.
Amendments
are made to licence application provisions in
Part XVIII.1 of the Act to
include references to subsection 7 (3) of the Employment
Protection for Foreign Nationals Act, 2009 .
SCHEDULE 3
FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006
Various
amendments are made to the Fair Access to Regulated
Professions and Compulsory Trades Act, 2006 , including,
(
a) amendments
to the definition of “registration”;
(
b) an
amendment respecting the powers under the Act that the Minister may delegate to
the Fairness Commissioner or any person employed in the Ministry;
(
c) an
amendment establishing the duty of regulated professions to ensure that the
people of Ontario have access to adequate numbers of qualified, skilled and competent
regulated professionals; and
(
d) an
amendment providing that Canadian experience may be accepted in satisfaction of
qualification for registration only if alternatives to such experience are also
accepted.
SCHEDULE 4
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
Section
15 of the Ministry of Training, Colleges and Universities
Act , which governs the collection, disclosure and use of personal
information, is amended to permit the collection, disclosure and use of
personal information for purposes related to certain employment programs and
services.
SCHEDULE 5
OCCUPATIONAL HEALTH AND SAFETY ACT
The
Occupational Health and Safety Act is amended to increase
the maximum fine for a corporation for a conviction under the Act from
$1,500,000 to $2,000,000.
SCHEDULE 6
ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997
The
Schedule amends the Ontario Disability Support Program
Act, 1997 by adding
section 53.1, which permits the collection,
including indirect collection, of personal information by the Minister of
Labour, Immigration, Training and Skills Development on behalf of the Minister
of Children, Community and Social Services. The
section further permits the
Minister of Labour, Immigration, Training and Skills Development to disclose
the personal information to the Minister of Children, Community and Social
Services. Subsection 53.1 (4) allows the notice of collection required by the Freedom of Information and Protection of Privacy Act to
be given by means of a public notice posted on a website of the Government of
Ontario.
SCHEDULE 7
ONTARIO WORKS ACT, 1997
The
Schedule amends the Ontario Works Act, 1997 by
adding
section 72.1, which permits the collection, including indirect
collection, of personal information by the Minister of Labour, Immigration,
Training and Skills Development on behalf of the Minister of Children,
Community and Social Services and the Director. The
section further permits the
Minister of Labour, Immigration, Training and Skills Development to disclose
the personal information to the Minister of Children, Community and Social
Services and to delivery agents. Delivery agents are permitted to collect the
personal information indirectly. Subsection 72.1 (5) allows the notice of
collection required by the Freedom of Information and
Protection of Privacy Act or the Municipal Freedom
of Information and Protection of Privacy Act to be given by means of a
public notice posted on a website of the Government of Ontario.
Amendments
to the new
section 72.1 are included to introduce the concept of “delivery
partners” alongside delivery agents, to reflect amendments to the Act that are
not yet in force.
Bill 79 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
Employment
Protection for Foreign Nationals Act, 2009
Schedule 2
Employment
Standards Act, 2000
Schedule 3
Fair
Access to Regulated Professions and Compulsory Trades Act, 2006
Schedule 4
Ministry
of Training, Colleges and Universities Act
Schedule 5
Occupational
Health and Safety Act
Schedule 6
Ontario
Disability Support Program Act, 1997
Schedule 7
Ontario
Works 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 Act, 2023 .
SCHEDULE
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009
Subsection 30 (2) of the Employment Protection for Foreign
Nationals Act, 2009 is repealed and the following substituted:
Same
(2) Subsections
122 (2) to (7) of the Employment Standards Act, 2000
and subsection (3) of this
section apply with respect to the review.
Same
(3) Despite
clause 122 (5) (
c) of the Employment Standards Act, 2000 ,
if the Board finds that the person contravened subsection 9 (1) or 9 (2) of
this Act in respect of a passport or work permit, the Board shall determine
whether the penalty is excessive in the circumstances or is, by its magnitude,
punitive in nature having regard to all the circumstances and if so, the Board
shall amend the notice by reducing the penalty.
Section 41 of the Act is amended by adding the following subsection:
Higher
penalty for certain offences
(2) Despite
subsection (1), a person convicted of an offence under subsection 9 (1) or
(2) in respect of a passport or work permit is liable,
(
a) if
the person is an individual, to a fine of not more than $500,000 or to
imprisonment for a term of not more than 12 months or to both; and
(
b) if
the person is a corporation, to a fine of not more than $1,000,000.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
EMPLOYMENT STANDARDS ACT, 2000
(1) Subsection 50.2 (1) of the Employment
Standards Act, 2000 is amended by striking out “or” at the end of clause
(b.1) and by adding the following clause:
(b.2) the
employee is in treatment, recovery or rehabilitation in respect of a physical
or mental health illness, injury or medical emergency that results from participation
in an operation or activity referred to in this subsection; or
(2) Subsection
50.2 (3) of the Act is repealed and the following substituted:
Restriction
(3) An
employee is not entitled to begin a leave under clause (1) (a), (b.1), (b.2) or
(
c) unless the employee has been employed by the employer for at least the prescribed
period or, if no period is prescribed, for at least two consecutive months.
(3) Subsection
50.2 (4) of the Act is repealed and the following substituted:
Length
of leave
(4) An
employee is entitled to take a leave under this
section for the period
prescribed in respect of the clause under which the leave is taken under
subsection (1) or, if no period is prescribed, for as long as clause (1) (a),
(b), (b.1) or (b.2) or the circumstances set out in a regulation made under
clause (1) (
c) apply to the employee.
The Act is amended by adding the following
section after the heading to
Part
XV:
Interpretation
Meaning
of “establishment”
53.2 In this Part, except
for clause 58 (2) (
b) and subsection 58 (5), and for the purposes of
Part XVIII
(Reprisal),
section 74.12,
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, “establishment” means an
establishment as defined in subsection 1 (1) subject to the following
modification:
1. The
phrase “location at which the employer carries on business” includes a private
residence of the employer’s employee if the employee performs work in the
private residence and the employee does not perform work at any other location
where the employer carries on business.
Subsection 58 (2) of the Act is repealed and the following substituted:
Information
(2) An
employer who is required to give notice under this section,
(
a) shall
provide to the Director the prescribed information in a form approved by the
Director;
(
b) shall,
on the first day of the notice period, post in the employer’s establishment the
prescribed information in a form approved by the Director; and
(
c) shall,
on the first day of the notice period, provide the prescribed information in a
form approved by the Director to each of the affected employees.
(1) Sub-subclause 74.1.3 (1) (a) (v) (
A) of the Act is amended by
adding “and that the applicant is aware that subsection 7 (3) of that Act
prohibits a person acting on behalf of a recruiter from collecting a fee
charged by the recruiter in contravention of subsection 7 (1) of that Act” at
the end.
(2) Sub-subclauses
74.1.3 (1) (a) (v) (
D) and (
E) of the Act are repealed and the following
substituted:
(
D) a
statement that the applicant is aware that the Director shall refuse to issue a
licence or revoke or suspend a licence if the applicant has ever charged a fee
to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009 or
collected a fee charged to a foreign national in contravention of subsection 7
(3) of that Act, and
(
E) a
statement confirming that the applicant has not charged a fee to a foreign
national in contravention of subsection 7 (1) of the Employment
Protection for Foreign Nationals Act, 2009 and that the applicant has
not collected a fee charged to a foreign national in contravention of
subsection 7 (3) of that Act,
(3) Sub-subclause
74.1.3 (1) (a) (vi) (
C) of the Act is repealed and the following substituted:
(
C) a
statement confirming that the applicant has made reasonable inquiries about the
person’s business practices with respect to foreign nationals and is satisfied
that the person did not charge a fee in contravention of subsection 7 (1) of
the Employment Protection for Foreign Nationals Act, 2009
or collect a fee charged to a foreign national in contravention of subsection 7
(3) of that Act,
(4) Sub-subclause
74.1.3 (1) (a) (vi) (
E) of the Act is repealed and the following substituted:
(
E) a
statement that the applicant is aware that the Director shall refuse to issue a
licence or revoke or suspend a licence if the applicant engages or uses the
services of a recruiter that has ever charged a fee to a foreign national in
contravention of subsection 7 (1) of the Employment
Protection for Foreign Nationals Act, 2009 or collected a fee charged to
a foreign national in contravention of subsection 7 (3) of that Act, and
Clause 74.1.5 (1) (
b) of the Act is repealed and the following substituted:
(
b) the
applicant has ever charged a fee to a foreign national in contravention of
subsection 7 (1) of the Employment Protection for Foreign
Nationals Act, 2009 or collected a fee charged to a foreign national in
contravention of subsection 7 (3) of that Act, or the applicant engages or uses
the services of any person, other than an employee of the applicant, that has
ever charged a fee in contravention of subsection 7 (1) of that Act or
collected a fee charged to a foreign national in contravention of subsection 7
(3) of that Act;
Paragraph 5 of
section 74.11 of the Act is repealed and the following
substituted:
5. A
temporary help agency shall, in addition to meeting the posting requirements
set out in clause 58 (2) (
b) and subsection 58 (5), and despite clause 58 (2)
(c), provide the information required to be provided to employees under that
clause to each employee to whom it is required to give notice in accordance
with paragraph 4.3 on the first day of the notice period or as soon after that
as is reasonably possible.
(1) Paragraph 5 of subsection 141 (1) of the Act is repealed and the
following substituted:
5. Prescribing
information that must be provided to an employee or a prospective employee, in
writing, and when the information must be provided.
(2) Paragraph
18 of subsection 141 (1) of the Act is amended by striking out “given to the
Director” and substituting “provided”.
(3) Section
141 of the Act is amended by adding the following subsection:
Transitional
regulations
(2.0.3.7) 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 Act, 2023 .
(4) Subsection
141 (2.0.4) of the Act is amended by striking out “or (2.0.3.6)” wherever it
appears and substituting in each case “(2.0.3.6) or (2.0.3.7)”.
(5) Clauses
141 (2.6) (
e) and (
f) of the Act are amended by striking out “which shall
include” wherever it appears and substituting in each case “which may include”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Working for Workers Act,
2023 receives Royal Assent.
(2) Sections
2, 3 and 6 come into force on the later of July 1, 2023 and the day the Working for Workers Act, 2023 receives Royal Assent.
(3) Sections
4 and 5 come into force on the later of the day
section 10 of
Schedule 2 to the
Working for Workers Act, 2021 comes into force and
the day the Working for Workers Act, 2023 receives
Royal Assent.
(4) Subsection 7 (5) comes into
force on the later of the day subsection 33 (3) of
Schedule 2 to the Working for Workers Act, 2021 comes into force and the
day the Working for Workers Act, 2023 receives
Royal Assent.
SCHEDULE
FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006
The definition of “registration” in
section 2 of the Fair
Access to Regulated Professions and Compulsory Trades Act, 2006 is repealed
and the following substituted:
“registration” means,
subject to the regulations, the granting of membership in a regulated
profession for entry to the practice of the profession, with or without
conditions, whether
by registration, licensure, admission, enrolment or other means without regard
to the terminology used by the regulated profession, but does not include the
granting of a special designation, whether by way of a licence, certificate, or
any other means, to those who are already registered; (“inscription”)
Subsection 4 (2) of the Act is amended by adding “or in respect of any other exemption
under the Act” after “27.1”.
Section 6 of the Act is amended by adding the following subsection:
Duty
re public interest
(2) A regulated profession
has a duty to
work in consultation with,
(
a) where
the regulated profession has a responsible Minister, the regulated profession’s
responsible Minister
or such other Minister as the responsible Minister may identify; or
(
b) where
the regulated profession does not have a responsible Minister, the Minister as
defined in
section 2 or such other Minister as the Minister may identify,
ensure, as a matter of public interest, that the people of Ontario have access
to adequate numbers of qualified, skilled and competent regulated professionals.
Section 10.2 of the Act is amended by adding the following subsection:
Alternatives
to Canadian experience
(1.1) A
regulated profession may accept Canadian experience in satisfaction of a qualification
for registration only if it also accepts alternatives to Canadian experience
that meet the criteria prescribed by the regulations.
Subsection 34 (1) of the Act is amended by adding the following clause:
(
a) further
defining or clarifying the definition of “registration” in
section 2,
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
(1) Subsection 15 (1) of the Ministry of
Training, Colleges and Universities Act is amended by adding the
following paragraphs:
3.1 Planning
for, allocating and administering funding to persons or entities for the
purpose of administering or delivering employment programs or services and
detecting, monitoring and preventing any unauthorized receipt of or use of the
funding.
. . . .
8. Conducting
research and analysis, including longitudinal studies, and statistical
activities related to the administration and delivery of employment programs
and services funded by the Ministry.
(2) Paragraph
4 of subsection 15 (1) of the Act is repealed and the following substituted:
4. Planning
or delivering post-secondary educational, employment or training related
programs or services that the Ministry provides or funds, in whole or in part,
allocating resources to any of them, evaluating or monitoring any of them or
detecting, monitoring and preventing fraud and any unauthorized receipts of
services or benefits related to such funding.
(3) Section
15 of the Act is amended by adding the following subsections:
Other
disclosure — employment programs and services
(4.1) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information to persons or entities that administer, evaluate or
deliver employment programs or services funded by the Ministry for the purpose of
administering and delivering those programs or services.
Disclosure
to Minister of Children, Community and Social Services — employment programs
and services
(4.2) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information that is collected under subsection (1) in the
administration, evaluation and delivery of employment programs and services to
the Minister of Children, Community and Social Services for the purpose of
administering and delivering social benefit programs under the Ontario Works Act, 1997 and the Ontario
Disability Support Program Act, 1997 .
(4) Subsection
15 (6) of the Act is amended by adding the following paragraph:
8. A
person or entity that administers, evaluates or delivers employment programs or
services funded by the Ministry.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
OCCUPATIONAL HEALTH AND SAFETY ACT
Subsection 66 (2) of the Occupational Health and Safety
Act is amended by striking out “$1,500,000” at the end and substituting
“$2,000,000”.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE 6
ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997
The Ontario Disability Support Program Act, 1997 is
amended by adding the following section:
Personal
information, collection by Minister of Labour, Immigration, Training and Skills
Development
53.1
(1) The
Minister of Labour, Immigration, Training and Skills Development may collect
personal information, including indirectly, on behalf of the Minister of
Children, Community and Social Services in connection with the administration
of this Act.
Restrictions
on access
(2) For
greater certainty, the authority conferred by subsection (1) is limited to the
collection of personal information, and the Minister of Labour, Immigration,
Training and Skills Development shall not access personal information collected
under that subsection unless otherwise authorized by law to do so.
Disclosure
(3) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information collected under subsection (1) to the Minister of
Children, Community and Social Services for the purpose of administering this
Act.
Notice
(4) If
personal information is indirectly collected under this section, the notice
required by subsection 39 (2) of the Freedom of
Information and Protection of Privacy Act may be given by means of a
public notice posted on a website of the Government of Ontario.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE 7
ONTARIO WORKS ACT, 1997
(1) The Ontario Works Act, 1997 is
amended by adding the following section:
Personal
information, collection by Minister of Labour, Immigration, Training and Skills
Development
72.1
(1) The
Minister of Labour, Immigration, Training and Skills Development may collect
personal information, including indirectly, on behalf of the Minister of
Children, Community and Social Services or the Director in connection with the
administration of this Act.
Restrictions on access
(2) For
greater certainty, the authority conferred by subsection (1) is limited to the
collection of personal information, and the Minister of Labour, Immigration,
Training and Skills Development shall not access personal information collected
under that subsection unless otherwise authorized by law to do so.
Disclosure
(3) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information collected under subsection (1) to the Minister of
Children, Community and Social Services or a delivery agent for the purpose of
administering this Act.
Indirect
collection
(4) A
delivery agent may indirectly collect personal information that the Minister of
Labour, Immigration, Training and Skills Development discloses under subsection
(3).
Notice
(5) If
personal information is indirectly collected under this section, the notice
required by subsection 39 (2) of the Freedom of
Information and Protection of Privacy Act or subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act
may be given by means of a public notice posted on a website of the Government
of Ontario.
(2) Subsection
72.1 (3) of the Act, as enacted by subsection (1), is amended by striking out
“or a delivery agent” and substituting “a delivery agent or a delivery
partner”.
(3) Subsection
72.1 (4) of the Act, as enacted by subsection (1), is amended by striking out
“delivery agent” and substituting “delivery agent or delivery partner”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Working for Workers Act,
2023 receives Royal Assent.
(2) Subsections
1 (2) and (3) come into force on the later of the day
section 8 of
Schedule 21
to the Supporting Recovery and Competitiveness Act, 2021
comes into force and the day the Working for Workers Act,
2023 receives Royal Assent.
Bill 79 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009
Amendments
are made to the Employment Protection for Foreign
Nationals Act, 2009 relating to contraventions of subsection 9 (1) or
(2) of the Act in respect of a passport or work permit. The Act is amended to
provide that the Ontario Labour Relations Board shall reduce the penalty set
out in the notice of contravention where certain conditions apply. The Act is
also amended to establish higher maximum fines for a conviction for the
contravention.
SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000
The
Employment Standards Act, 2000 is amended. Here are
some highlights:
Section
50.2 is amended to provide that an employee who is in treatment, recovery or
rehabilitation in respect of a physical or mental health illness, injury or
medical emergency that results from participation in certain operations or
activities is entitled to reservist leave under that section.
New
section 53.2 provides that in
Part XV of the Act, in certain circumstances, a
“location at which an employer carries on business” includes an employee’s
private residence.
Amendments
are made to licence application provisions in
Part XVIII.1 of the Act to
include references to subsection 7 (3) of the Employment
Protection for Foreign Nationals Act, 2009 .
SCHEDULE 3
FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006
Various
amendments are made to the Fair Access to Regulated
Professions and Compulsory Trades Act, 2006 , including,
(
a) amendments
to the definition of “registration”;
(
b) an
amendment respecting the powers under the Act that the Minister may delegate to
the Fairness Commissioner or any person employed in the Ministry;
(
c) an
amendment establishing the duty of regulated professions to ensure that the
people of Ontario have access to adequate numbers of qualified, skilled and competent
regulated professionals; and
(
d) an
amendment providing that Canadian experience may be accepted in satisfaction of
qualification for registration only if alternatives to such experience are also
accepted.
SCHEDULE 4
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
Section
15 of the Ministry of Training, Colleges and Universities
Act , which governs the collection, disclosure and use of personal
information, is amended to permit the collection, disclosure and use of
personal information for purposes related to certain employment programs and
services.
SCHEDULE 5
OCCUPATIONAL HEALTH AND SAFETY ACT
The
Occupational Health and Safety Act is amended to increase
the maximum fine for a corporation for a conviction under the Act from
$1,500,000 to $2,000,000.
SCHEDULE 6
ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997
The
Schedule amends the Ontario Disability Support Program
Act, 1997 by adding
section 53.1, which permits the collection,
including indirect collection, of personal information by the Minister of
Labour, Immigration, Training and Skills Development on behalf of the Minister
of Children, Community and Social Services. The
section further permits the
Minister of Labour, Immigration, Training and Skills Development to disclose
the personal information to the Minister of Children, Community and Social
Services. Subsection 53.1 (4) allows the notice of collection required by the Freedom of Information and Protection of Privacy Act to
be given by means of a public notice posted on a website of the Government of
Ontario.
SCHEDULE 7
ONTARIO WORKS ACT, 1997
The
Schedule amends the Ontario Works Act, 1997 by
adding
section 72.1, which permits the collection, including indirect
collection, of personal information by the Minister of Labour, Immigration,
Training and Skills Development on behalf of the Minister of Children, Community
and Social Services and the Director. The
section further permits the Minister
of Labour, Immigration, Training and Skills Development to disclose the
personal information to the Minister of Children, Community and Social Services
and to delivery agents. Delivery agents are permitted to collect the personal
information indirectly. Subsection 72.1 (5) allows the notice of collection
required by the Freedom of Information and Protection of
Privacy Act or the Municipal Freedom of Information
and Protection of Privacy Act to be given by means of a public notice
posted on a website of the Government of Ontario.
Amendments
to the new
section 72.1 are included to introduce the concept of “delivery
partners” alongside delivery agents, to reflect amendments to the Act that are
not yet in force.
Bill 79 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
Employment
Protection for Foreign Nationals Act, 2009
Schedule 2
Employment
Standards Act, 2000
Schedule 3
Fair
Access to Regulated Professions and Compulsory Trades Act, 2006
Schedule 4
Ministry
of Training, Colleges and Universities Act
Schedule 5
Occupational
Health and Safety Act
Schedule 6
Ontario
Disability Support Program Act, 1997
Schedule 7
Ontario
Works 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 Act, 2023 .
SCHEDULE
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009
Subsection 30 (2) of the Employment Protection for Foreign
Nationals Act, 2009 is repealed and the following substituted:
Same
(2) Subsections
122 (2) to (7) of the Employment Standards Act, 2000
and subsection (3) of this
section apply with respect to the review.
Same
(3) Despite
clause 122 (5) (
c) of the Employment Standards Act, 2000 ,
if the Board finds that the person contravened subsection 9 (1) or 9 (2) of
this Act in respect of a passport or work permit, the Board shall determine
whether the penalty is excessive in the circumstances or is, by its magnitude,
punitive in nature having regard to all the circumstances and if so, the Board
shall amend the notice by reducing the penalty.
Section 41 of the Act is amended by adding the following subsection:
Higher
penalty for certain offences
(2) Despite
subsection (1), a person convicted of an offence under subsection 9 (1) or
(2) in respect of a passport or work permit is liable,
(
a) if
the person is an individual, to a fine of not more than $500,000 or to
imprisonment for a term of not more than 12 months or to both; and
(
b) if
the person is a corporation, to a fine of not more than $1,000,000.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
EMPLOYMENT STANDARDS ACT, 2000
(1) Subsection 50.2 (1) of the Employment
Standards Act, 2000 is amended by striking out “or” at the end of clause
(b.1) and by adding the following clause:
(b.2) the
employee is in treatment, recovery or rehabilitation in respect of a physical
or mental health illness, injury or medical emergency that results from participation
in an operation or activity referred to in this subsection; or
(2) Subsection
50.2 (3) of the Act is repealed and the following substituted:
Restriction
(3) An
employee is not entitled to begin a leave under clause (1) (a), (b.1), (b.2) or
(
c) unless the employee has been employed by the employer for at least the
prescribed period or, if no period is prescribed, for at least two consecutive
months.
(3) Subsection
50.2 (4) of the Act is repealed and the following substituted:
Length
of leave
(4) An
employee is entitled to take a leave under this
section for the period prescribed
in respect of the clause under which the leave is taken under subsection (1) or,
if no period is prescribed, for as long as clause (1) (a), (b), (b.1) or (b.2) or
the circumstances set out in a regulation made under clause (1) (
c) apply to the
employee.
The Act is amended by adding the following
section after the heading to
Part
XV:
Interpretation
Meaning
of “establishment”
53.2 In this Part, except
for clause 58 (2) (
b) and subsection 58 (5), and for the purposes of
Part XVIII
(Reprisal),
section 74.12,
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, “establishment” means an
establishment as defined in subsection 1 (1) subject to the following
modification:
1. The
phrase “location at which the employer carries on business” includes a private
residence of the employer’s employee if the employee performs work in the
private residence and the employee does not perform work at any other location
where the employer carries on business.
Subsection 58 (2) of the Act is repealed and the following substituted:
Information
(2) An
employer who is required to give notice under this section,
(
a) shall
provide to the Director the prescribed information in a form approved by the
Director;
(
b) shall,
on the first day of the notice period, post in the employer’s establishment the
prescribed information in a form approved by the Director; and
(
c) shall,
on the first day of the notice period, provide the prescribed information in a
form approved by the Director to each of the affected employees.
(1) Sub-subclause 74.1.3 (1) (a) (v) (
A) of the Act is amended by
adding “and that the applicant is aware that subsection 7 (3) of that Act
prohibits a person acting on behalf of a recruiter from collecting a fee
charged by the recruiter in contravention of subsection 7 (1) of that Act” at
the end.
(2) Sub-subclauses
74.1.3 (1) (a) (v) (
D) and (
E) of the Act are repealed and the following
substituted:
(
D) a
statement that the applicant is aware that the Director shall refuse to issue a
licence or revoke or suspend a licence if the applicant has ever charged a fee
to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009 or
collected a fee charged to a foreign national in contravention of subsection 7
(3) of that Act, and
(
E) a
statement confirming that the applicant has not charged a fee to a foreign
national in contravention of subsection 7 (1) of the Employment
Protection for Foreign Nationals Act, 2009 and that the applicant has
not collected a fee charged to a foreign national in contravention of
subsection 7 (3) of that Act,
(3) Sub-subclause
74.1.3 (1) (a) (vi) (
C) of the Act is repealed and the following substituted:
(
C) a
statement confirming that the applicant has made reasonable inquiries about the
person’s business practices with respect to foreign nationals and is satisfied
that the person did not charge a fee in contravention of subsection 7 (1) of
the Employment Protection for Foreign Nationals Act, 2009
or collect a fee charged to a foreign national in contravention of subsection 7
(3) of that Act,
(4) Sub-subclause
74.1.3 (1) (a) (vi) (
E) of the Act is repealed and the following substituted:
(
E) a
statement that the applicant is aware that the Director shall refuse to issue a
licence or revoke or suspend a licence if the applicant engages or uses the
services of a recruiter that has ever charged a fee to a foreign national in
contravention of subsection 7 (1) of the Employment
Protection for Foreign Nationals Act, 2009 or collected a fee charged to
a foreign national in contravention of subsection 7 (3) of that Act, and
Clause 74.1.5 (1) (
b) of the Act is repealed and the following substituted:
(
b) the
applicant has ever charged a fee to a foreign national in contravention of
subsection 7 (1) of the Employment Protection for Foreign
Nationals Act, 2009 or collected a fee charged to a foreign national in
contravention of subsection 7 (3) of that Act, or the applicant engages or uses
the services of any person, other than an employee of the applicant, that has
ever charged a fee in contravention of subsection 7 (1) of that Act or
collected a fee charged to a foreign national in contravention of subsection 7
(3) of that Act;
Paragraph 5 of
section 74.11 of the Act is repealed and the following
substituted:
5. A
temporary help agency shall, in addition to meeting the posting requirements
set out in clause 58 (2) (
b) and subsection 58 (5), and despite clause 58 (2)
(c), provide the information required to be provided to employees under that
clause to each employee to whom it is required to give notice in accordance
with paragraph 4.3 on the first day of the notice period or as soon after that
as is reasonably possible.
(1) Paragraph 5 of subsection 141 (1) of the Act is repealed and the
following substituted:
5. Prescribing
information that must be provided to an employee or a prospective employee, in
writing, and when the information must be provided.
(2) Paragraph
18 of subsection 141 (1) of the Act is amended by striking out “given to the
Director” and substituting “provided”.
(3) Section
141 of the Act is amended by adding the following subsection:
Transitional
regulations
(2.0.3.7) 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 Act, 2023 .
(4) Subsection
141 (2.0.4) of the Act is amended by striking out “or (2.0.3.6)” wherever it
appears and substituting in each case “(2.0.3.6) or (2.0.3.7)”.
(5) Clauses
141 (2.6) (
e) and (
f) of the Act are amended by striking out “which shall include”
wherever it appears and substituting in each case “which may include”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Working for Workers Act,
2023 receives Royal Assent.
(2) Sections
2, 3 and 6 come into force on the later of July 1, 2023 and the day the Working for Workers Act, 2023 receives Royal Assent.
(3) Sections
4 and 5 come into force on the later of the day
section 10 of
Schedule 2 to the
Working for Workers Act, 2021 comes into force and
the day the Working for Workers Act, 2023 receives
Royal Assent.
(4) Subsection 7 (5) comes into
force on the later of the day subsection 33 (3) of
Schedule 2 to the Working for Workers Act, 2021 comes into force and the
day the Working for Workers Act, 2023 receives
Royal Assent.
SCHEDULE
FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006
The definition of “registration” in
section 2 of the Fair
Access to Regulated Professions and Compulsory Trades Act, 2006 is repealed
and the following substituted:
“registration” means,
subject to the regulations, the granting of membership in a regulated
profession for entry to the practice of the profession, with or without
conditions, whether
by registration, licensure, admission, enrolment or other means without regard
to the terminology used by the regulated profession, but does not include the
granting of a special designation, whether by way of a licence, certificate, or
any other means, to those who are already registered; (“inscription”)
Subsection 4 (2) of the Act is amended by adding “or in respect of any other exemption
under the Act” after “27.1”.
Section 6 of the Act is amended by adding the following subsection:
Duty
re public interest
(2) A regulated profession
has a duty to
work in consultation with,
(
a) where
the regulated profession has a responsible Minister, the regulated profession’s
responsible Minister
or such other Minister as the responsible Minister may identify; or
(
b) where
the regulated profession does not have a responsible Minister, the Minister as
defined in
section 2 or such other Minister as the Minister may identify,
ensure, as a matter of public interest, that the people of Ontario have access
to adequate numbers of qualified, skilled and competent regulated professionals.
Section 10.2 of the Act is amended by adding the following subsection:
Alternatives
to Canadian experience
(1.1) A
regulated profession may accept Canadian experience in satisfaction of a qualification
for registration only if it also accepts alternatives to Canadian experience
that meet the criteria prescribed by the regulations.
Subsection 34 (1) of the Act is amended by adding the following clause:
(
a) further
defining or clarifying the definition of “registration” in
section 2,
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
(1) Subsection 15 (1) of the Ministry of
Training, Colleges and Universities Act is amended by adding the
following paragraphs:
3.1 Planning
for, allocating and administering funding to persons or entities for the
purpose of administering or delivering employment programs or services and
detecting, monitoring and preventing any unauthorized receipt of or use of the
funding.
. . . .
8. Conducting
research and analysis, including longitudinal studies, and statistical
activities related to the administration and delivery of employment programs
and services funded by the Ministry.
(2) Paragraph
4 of subsection 15 (1) of the Act is repealed and the following substituted:
4. Planning
or delivering post-secondary educational, employment or training related
programs or services that the Ministry provides or funds, in whole or in part,
allocating resources to any of them, evaluating or monitoring any of them or
detecting, monitoring and preventing fraud and any unauthorized receipts of
services or benefits related to such funding.
(3) Section
15 of the Act is amended by adding the following subsections:
Other
disclosure — employment programs and services
(4.1) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information to persons or entities that administer, evaluate or
deliver employment programs or services funded by the Ministry for the purpose of
administering and delivering those programs or services.
Disclosure
to Minister of Children, Community and Social Services — employment programs
and services
(4.2) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information that is collected under subsection (1) in the
administration, evaluation and delivery of employment programs and services to
the Minister of Children, Community and Social Services for the purpose of
administering and delivering social benefit programs under the Ontario Works Act, 1997 and the Ontario
Disability Support Program Act, 1997 .
(4) Subsection
15 (6) of the Act is amended by adding the following paragraph:
8. A
person or entity that administers, evaluates or delivers employment programs or
services funded by the Ministry.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE
OCCUPATIONAL HEALTH AND SAFETY ACT
Subsection 66 (2) of the Occupational Health and Safety
Act is amended by striking out “$1,500,000” at the end and substituting
“$2,000,000”.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE 6
ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997
The Ontario Disability Support Program Act, 1997 is
amended by adding the following section:
Personal
information, collection by Minister of Labour, Immigration, Training and Skills
Development
53.1
(1) The
Minister of Labour, Immigration, Training and Skills Development may collect
personal information, including indirectly, on behalf of the Minister of
Children, Community and Social Services in connection with the administration
of this Act.
Restrictions
on access
(2) For
greater certainty, the authority conferred by subsection (1) is limited to the
collection of personal information, and the Minister of Labour, Immigration,
Training and Skills Development shall not access personal information collected
under that subsection unless otherwise authorized by law to do so.
Disclosure
(3) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information collected under subsection (1) to the Minister of
Children, Community and Social Services for the purpose of administering this
Act.
Notice
(4) If
personal information is indirectly collected under this section, the notice
required by subsection 39 (2) of the Freedom of
Information and Protection of Privacy Act may be given by means of a
public notice posted on a website of the Government of Ontario.
Commencement
This
Schedule comes into force on the day the Working for
Workers Act, 2023 receives Royal Assent.
SCHEDULE 7
ONTARIO WORKS ACT, 1997
(1) The Ontario Works Act, 1997 is
amended by adding the following section:
Personal
information, collection by Minister of Labour, Immigration, Training and Skills
Development
72.1
(1) The
Minister of Labour, Immigration, Training and Skills Development may collect
personal information, including indirectly, on behalf of the Minister of
Children, Community and Social Services or the Director in connection with the
administration of this Act.
Restrictions on access
(2) For
greater certainty, the authority conferred by subsection (1) is limited to the
collection of personal information, and the Minister of Labour, Immigration,
Training and Skills Development shall not access personal information collected
under that subsection unless otherwise authorized by law to do so.
Disclosure
(3) The
Minister of Labour, Immigration, Training and Skills Development may disclose
personal information collected under subsection (1) to the Minister of
Children, Community and Social Services or a delivery agent for the purpose of
administering this Act.
Indirect
collection
(4) A
delivery agent may indirectly collect personal information that the Minister of
Labour, Immigration, Training and Skills Development discloses under subsection
(3).
Notice
(5) If
personal information is indirectly collected under this section, the notice
required by subsection 39 (2) of the Freedom of
Information and Protection of Privacy Act or subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act
may be given by means of a public notice posted on a website of the Government
of Ontario.
(2) Subsection
72.1 (3) of the Act, as enacted by subsection (1), is amended by striking out
“or a delivery agent” and substituting “a delivery agent or a delivery
partner”.
(3) Subsection
72.1 (4) of the Act, as enacted by subsection (1), is amended by striking out
“delivery agent” and substituting “delivery agent or delivery partner”.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Working for Workers Act,
2023 receives Royal Assent.
(2) Subsections
1 (2) and (3) come into force on the later of the day
section 8 of
Schedule 21
to the Supporting Recovery and Competitiveness Act, 2021
comes into force and the day the Working for Workers Act,
2023 receives Royal Assent.
Date Bill stage Event Outcome Committee
October 26, 2023
Royal Assent
Royal Assent received
September 26, 2023
Third Reading
Vote
Carried
September 26, 2023
Third Reading
Question put
September 26, 2023
Third Reading
Closure
Carried
September 26, 2023
Third Reading
Moved closure
September 26, 2023
Third Reading
Debated
September 25, 2023
Third Reading
Debated
Debate adjourned
May 8, 2023
Second Reading
Ordered for Third Reading
May 8, 2023
Second Reading
Report adopted
May 8, 2023
Second Reading
Reported without amendment
Standing Committee on Finance and Economic Affairs
May 2, 2023
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
April 19, 2023
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
April 18, 2023
Second Reading
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
March 30, 2023
Second Reading
Ordered referred to Standing Committee
Standing Committee on Finance and Economic Affairs
March 30, 2023
Second Reading
Vote
Carried on division
March 30, 2023
Second Reading
Question put
Vote deferred
March 30, 2023
Second Reading
Debated
March 29, 2023
Second Reading
Debated
Debate adjourned
March 23, 2023
Second Reading
Debated
Debate adjourned
March 22, 2023
Second Reading
Debated
Debate adjourned
March 22, 2023
Second Reading
Debated
Debate adjourned
March 20, 2023
First Reading
Ordered for Second Reading
March 20, 2023
First Reading
Vote
Carried
First Reading
March 20, 2023
Carried
Second Reading
March 22, 2023
Principal Debaters
Anand, Deepak
Mississauga—Malton
Begum, Doly
Scarborough Southwest
Blais, Stephen
Orléans
Bouma, Will
Brantford—Brant
Cuzzetto, Rudy
Mississauga—Lakeshore
French, Jennifer
Oshawa
Gélinas, France
Nickel Belt
Khanjin, Andrea
Barrie—Innisfil
Leardi, Anthony
Essex
McNaughton, Hon. Monte
Lambton—Kent—Middlesex
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, David
Scarborough Centre
Questions and Responses
Bourgouin, Guy
Mushkegowuk—James Bay
Coe, Lorne
Whitby
Fife, Catherine
Waterloo
Gallagher Murphy, Dawn
Newmarket—Aurora
Gates, Wayne
Niagara Falls
Glover, Chris
Spadina—Fort York
Harden, Joel
Ottawa Centre
Karpoche, Bhutila
Parkdale—High Park
Kernaghan, Terence
London North Centre
Mamakwa, Sol
Kiiwetinoong
Martin, Robin
Eglinton—Lawrence
Pasma, Chandra
Ottawa West—Nepean
Pierre, Natalie
Burlington
Rae, Matthew
Perth—Wellington
Sandhu, Amarjot
Brampton West
Sattler, Peggy
London West
Smith, Dave
Peterborough—Kawartha
Smith, Laura
Thornhill
Tabuns, Peter
Toronto—Danforth
Vaugeois, Lise
Thunder Bay—Superior North
Wai, Daisy
Richmond Hill
Yakabuski, John
Renfrew—Nipissing—Pembroke
March 22, 2023
Debated
March 23, 2023
Principal Debaters
Crawford, Stephen
Oakville
Gates, Wayne
Niagara Falls
Sattler, Peggy
London West
Questions and Responses
Bresee, Ric
Hastings—Lennox and Addington
Dowie, Andrew
Windsor—Tecumseh
French, Jennifer
Oshawa
Gélinas, France
Nickel Belt
Jordan, John
Lanark—Frontenac—Kingston
Kanapathi, Logan
Markham—Thornhill
West, Jamie
Sudbury
March 29, 2023
Principal Debaters
Rae, Matthew
Perth—Wellington
Romano, Ross
Sault Ste. Marie
Sattler, Peggy
London West
Vaugeois, Lise
Thunder Bay—Superior North
West, Jamie
Sudbury
Questions and Responses
Fraser, John
Ottawa South
Gallagher Murphy, Dawn
Newmarket—Aurora
Gélinas, France
Nickel Belt
Harris, Mike
Kitchener—Conestoga
Kernaghan, Terence
London North Centre
Leardi, Anthony
Essex
Martin, Robin
Eglinton—Lawrence
Pierre, Natalie
Burlington
Saunderson, Brian
Simcoe—Grey
Taylor, Monique
Hamilton Mountain
Wai, Daisy
Richmond Hill
Yakabuski, John
Renfrew—Nipissing—Pembroke
March 30, 2023
Principal Debaters
West, Jamie
Sudbury
Questions and Responses
Gates, Wayne
Niagara Falls
Gélinas, France
Nickel Belt
McCarthy, Todd
Durham
March 30, 2023
Question put
Carried on division
Ordered referred to Standing Committee
Standing Committee on Finance and Economic Affairs
April 18, 2023
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
April 19, 2023
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
May 2, 2023
Consideration of a Bill
Standing Committee on Finance and Economic Affairs
May 8, 2023
Reported without amendment
Standing Committee on Finance and Economic Affairs
Ordered for Third Reading
Third Reading
September 25, 2023
Principal Debaters
Anand, Deepak
Mississauga—Malton
Gates, Wayne
Niagara Falls
Hazell, Andrea
Scarborough—Guildwood
Hogarth, Christine
Etobicoke—Lakeshore
McGregor, Graham
Brampton North
Piccini, Hon. David
Northumberland—Peterborough South
Smith, David
Scarborough Centre
West, Jamie
Sudbury
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Blais, Stephen
Orléans
Coe, Lorne
Whitby
Fraser, John
Ottawa South
Gallagher Murphy, Dawn
Newmarket—Aurora
Harden, Joel
Ottawa Centre
Kernaghan, Terence
London North Centre
Leardi, Anthony
Essex
McMahon, Mary-Margaret
Beaches—East York
Pasma, Chandra
Ottawa West—Nepean
Rae, Matthew
Perth—Wellington
Saunderson, Brian
Simcoe—Grey
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Stevens, Jennifer (Jennie)
St. Catharines
Yakabuski, John
Renfrew—Nipissing—Pembroke
September 26, 2023
Principal Debaters
Jones, Trevor
Chatham-Kent—Leamington
Schreiner, Mike
Guelph
Skelly, Donna
Flamborough—Glanbrook
Taylor, Monique
Hamilton Mountain
Vaugeois, Lise
Thunder Bay—Superior North
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Bailey, Robert
Sarnia—Lambton
Bourgouin, Guy
Mushkegowuk—James Bay
Dowie, Andrew
Windsor—Tecumseh
Jama, Sarah
Hamilton Centre
Rakocevic, Tom
Humber River—Black Creek
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, Hon. Todd
Bay of Quinte
Smith, Laura
Thornhill
Closure carried
Royal Assent
October 26, 2023
Royal Assent received