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Bill 242, Caregiver and Homeworker Protection Act, 2020

Baber, Roman

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Status

Debates

Acts affected

Original

Bill 242 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Caregiver and Homeworker Protection Act,

2020 . The Act provides that the Minister of Labour, Training and Skills

Development shall establish and maintain a Caregiver and Homeworker Protection

Registry. The Registry shall list the names of all employers to whom a notice

of contravention has been issued under subsection 113 (1) of the Employment Standards Act, 2000 in relation to one or more

caregivers or homeworkers unless the Ontario Labour Relations Board finds that

the employer did not contravene the provision set out in the notice.

Bill 242 2020

Act to create a provincial registry to protect caregivers and homeworkers

Her

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

Province of Ontario, enacts as follows:

Definitions

this Act,

“caregiver”

means an employee working under National Occupational Classification 4411 who

works in the private residence of their employer or in the private residence of

a relative of their employer, but does not include a child

care provider as defined in the Child Care and Early Years

Act, 2014 ; (“ fournisseur de soins ”)

“homeworker”

means an employee working under National Occupational Classification 4412 who

works in the private residence of their employer or in the private residence of

a relative of their employer; (“ aide à domicile ”)

“National

Occupational Classification” means the National Occupational Classification

amended from time to time. (“Classification nationale des professions”)

Caregiver

and Homeworker Protection Registry

(1) The

Minister of Labour, Training and Skills Development shall establish and

maintain a Caregiver and Homeworker Protection Registry.

Website

(2) The

Caregiver and Homeworker Protection Registry shall be published on a Government

of Ontario website.

Contents

(3) The

Caregiver and Homeworker Protection Registry shall list the names of all

employers to whom a notice has been issued under subsection 113 (1) of the Employment Standards Act, 2000 in relation to one or more caregivers or homeworkers.

Same

(4) For

greater certainty, subsection (3) does not apply,

(

a) in

respect of notices issued to the employer in relation to a regulated health

professional or a public sector employee; or

(

b) in

any setting regulated by the Ministry of Health.

Same

(5) The

name of an employer shall be removed from the Caregiver and Homeworker

Protection Registry as soon as is practicable if the employer applies to

the Ontario Labour Relations Board for a review of a notice referred to in

subsection (3) and the Board finds that the employer did not contravene the

provision set out in the notice.

Deemed

compliance — FIPPA

Any

disclosure of personal information made in compliance with this Act is deemed

to be in compliance with clause 42 (1) (

e) of the Freedom

of Information and Protection of Privacy Act .

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Caregiver

and Homeworker Protection Act, 2020 .

Date Bill stage Event Outcome Committee

December 8, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

December 8, 2020

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 242

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Employment Standards Act, 2000

Legislative Assembly of Ontario

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