Fairness is a Two-Way Street Act (Construction Labour Mobility), 2013 MacLaren, Jack — Bill 80 (40th Parliament, 2nd Session)

Bill 80, 40-2

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Bill 80, Fairness is a Two-Way Street Act (Construction Labour Mobility), 2013

MacLaren, Jack

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[40] Bill 80 Original (PDF)

Bill 80 2013

Act respecting labour mobility in the construction industry aimed at

restricting access to those taking advantage of Ontario's policy of free

mobility

CONTENTS

Preamble

Definitions and Administration

Definitions

Jobs

Protection Office

Construction Contractors

Registration

with Office

Business

registrations

Delegation

of administration of Acts

Further

registration requirements

Requirements

for placing bids

Restriction

on awarding contracts in the public sector

Subcontracting

Requirement

re apprentices

Construction Workers

Registration

with Office

Retail Sales Tax Enforcement

Definitions

Retail

sales tax on construction equipment or material

Refund

of security in excess of tax

General

Decisions

final

Inspectors

Inspection

without warrant

Collection

of information

Immunity

Where

this Act prevails

Transitional

Offences

Regulations

by L.G. in C.

Regulations

by Minister

Amendments to this Act

Amendments

to this Act

Commencement and

Short Title

Commencement

Short

title

______________

Preamble

Ontario contractors, workers in the construction industry and

aggregate haulers experience barriers to working and doing business in other

jurisdictions because of unfair, discriminatory or restrictive practices in

those other jurisdictions, while contractors, workers in the construction

industry and aggregate haulers from those other jurisdictions are able to work

in Ontario without similar barriers.

The

unemployment rate in the construction industry in Ontario is higher than the

overall unemployment rate in Ontario. There are areas in Ontario where there is

unequal access to business and job opportunities between jurisdictions, creating

a potential for violence and social disruption, and where regional economic

development is an important objective.

is recognized that employment opportunities in those areas for Ontario residents would be enhanced and more equal access to business and job opportunities

would be created by introducing measures aimed at restricting access to those

taking advantage of Ontario's policy of free mobility.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions and

Administration

Definitions

(1) In this Act,

"bid"

means documentation submitted by a contractor in response to a tender for a

construction contract; ("soumission")

"construction" includes all work in or about,

(

a) constructing,

altering, decorating, repairing, demolishing, erecting or remodelling the whole

or any part of a building or structure,

(

b) laying

pipe and conduit above or below ground level,

(

c) excavating,

tunnelling, fencing, grading, paving, land clearing and bridging,

(

d) building

a highway, as defined in

section 1 of the Highway Traffic Act ,

(

e) carrying

out the prescribed activities, and

(

f) providing

consulting services, including architectural or engineering services, with

respect to the matters set out in clauses (

a) to (e); ("construction")

"contractor" means a person who enters into a contract and includes a

subcontractor; ("entrepreneur")

"designated area" means an area in Ontario that is prescribed as a

designated area under

section 23 or, if no area is prescribed, all of Ontario; ("secteur désigné")

"designated jurisdiction" means Quebec and any other province or

territory that is prescribed as a designated jurisdiction under

section 23;

("territoire désigné")

"Director" means the Director of the Office; ("directeur")

"inspector" means an inspector appointed under

section 16; (" inspecteur ")

"Minister" means the Minister of Labour or any other member of the

Executive Council to whom the responsibility for the administration of this Act

is assigned or transferred under the Executive Council Act ; ("ministre")

"Office" means the Jobs Protection Office established under

section 2;

("Bureau")

"person resident in a designated jurisdiction" means,

(

a) in

the case of an individual or a sole proprietor, a person who is ordinarily

resident in that jurisdiction,

(

b) in

the case of a corporation,

(

i) a person whose head office or registered office is

located in that jurisdiction, or

(ii) a person controlled directly or indirectly by a person

described in subclause (i), and

(

c) in

the case of a partnership, a partnership that includes at least one partner who

is resident in that jurisdiction under clause (

a) or (b); ("personne qui réside

dans un territoire désigné")

"prescribed" means prescribed by the regulations made under this Act.

("prescrit")

Same,

"controlled"

(2) For the purposes of subclause (b) (ii) of the

definition of "person resident in a designated jurisdiction" in subsection (1),

"controlled" has the same meaning as in subsection 1 (5) of the Business Corporations Act .

Jobs

Protection Office

(1) An office to be known in

emplois is established for the purposes of this Act.

Same

(2) The Minister may,

(

a) designate

offices of the Ministry of the Minister or of other ministries as branch

offices of the Office; and

(

b) make

rules for any other matter necessary or advisable for the operation of the

Office.

Director

(3) The Minister shall designate an official of the

Ministry of the Minister as Director and the Director shall be responsible for

the Office.

Delegation

(4) The Minister may delegate to the Director the

Minister's power to make rules under clause (2) (b).

Powers

and duties of Director

(5) The Director shall be responsible for,

(

a) registering

construction contractors under

section 3 and individuals under

section 11;

(

b) co-ordinating

the enforcement of this Act and the prescribed legislation;

(

c) co-ordinating

information sharing among ministries and other bodies required to enforce this

Act and the prescribed legislation;

(

d) providing

information and assistance to Ontario construction contractors and construction

workers seeking contracts and work in a designated jurisdiction;

(

e) monitoring

access by persons from Ontario to construction business and job opportunities

in a designated jurisdiction and reporting to the Minister concerning that

access; and

(

f) carrying

out any other matter that the Minister considers necessary or advisable with

respect to administering this Act and carrying out its objectives.

Construction Contractors

Registration

with Office

(1) No person resident in a

designated jurisdiction shall enter into or submit a bid for a construction

contract for work in a designated area without first registering with the

Office.

Grounds

for registration

(2) The Director shall register a contractor if the

contractor,

(

a) provides

proof of its corporate status and a detailed auditor's statement from a person

licensed under the Public

Accounting Act, 2004 certifying that its working capital ratio is

at least 1.1 to 1 for the current fiscal year, if the contractor is a

corporation;

(

b) provides

proof of its business status and detailed financial statements in a form

approved by the Director, if the contractor is not a corporation;

(

c) posts

security as prescribed in the amount of $10,000;

(

d) pays

the fee set by the Director; and

(

e) satisfies

all other prescribed requirements.

Annual

registration

(3) A registration under this

section is effective for one

year.

Business

registrations

(1) A person who is required to be

registered under

section 3 shall not be registered under

section 4 of the Business Names Act

unless the person provides proof of registration under

section 3 of this Act.

Same,

Limited Partnerships Act

(2) A declaration under

section 3 of the Limited Partnerships Act

with respect to a limited partnership that is or will be contracting for

construction work shall not be accepted for filing if any of the general

partners are persons required to be registered under

section 3 of this Act unless

all of those persons provide proof of registration under that section.

Where

void

(3) A registration or filing made in contravention of this

section is void.

Immunity

(4) No proceeding shall be commenced against a person with

respect to a decision concerning a registration or a filing that contravenes

this section.

Delegation

of administration of Acts

(1) This

section applies with

respect to legislation that is designated legislation under the Safety and Consumer Statutes

Administration Act, 1996 if an administrative authority is

designated under that Act to administer that designated legislation.

Registration

requirement, corporations

(2) A contractor required to be registered under

section 3

shall not be certified, registered, licensed or issued a permit or

authorization under a provision of legislation to which this

section applies

unless it provides proof of registration under

section 3.

Where

void

(3) A certification, registration, licensing or issuance

of a permit or authorization made in contravention of this

section is void.

Immunity

(4) No proceeding shall be commenced against a person with

respect to a decision concerning the issuance of a certificate, registration,

license, permit or authorization that contravenes this section.

Further

registration requirements

(1) No contractor who is required

to be registered under

section 3 shall be certified, registered, licensed or issued

a permit or authorization under the prescribed legislation or the by-laws of

the prescribed municipalities authorized under prescribed legislation unless

the contractor provides proof of registration under

section 3 and of compliance

with sections 4 and 5, if they apply with respect to the contractor.

Where

void

(2) A certification, registration, licensing or issuance

of a permit or authorization made in contravention of this

section is void.

Immunity

(3) No proceeding shall be commenced against a person with

respect to a decision concerning the issuance of a certificate, registration,

licence, permit or authorization that contravenes this section.

Requirements

for placing bids

(1) No contractor who is required

to be registered under

section 3 shall present a bid with respect to a

construction contract for work in a designated area unless the contractor

provides proof of registration under

section 3 and all of the following that

apply with respect to the contractor:

1. Proof

of having registered under the Business Names Act in accordance with subsection 4 (1).

2. Proof

of having filed a declaration under the Limited Partnerships Act in accordance

with subsection 4 (2).

3. Proof

of having been certified, registered, licensed or issued a permit or

authorization to which

section 5 applies in accordance with that section.

4. Proof

of having filed a return or a notice under the Corporations Information Act .

Contract

voidable

(2) If a

contract is awarded to a contractor who presented a bid for it in contravention

of subsection (1), the contract is voidable by the person who awarded the

contract.

Restriction

on awarding contracts in the public sector

(1) The Government of Ontario

shall not award a construction contract to a contractor who is required to be

registered under

section 3.

Same,

agencies, etc.

(2) The prescribed agencies, boards and commissions shall

not award a construction contract to a contractor who is required to be

registered under

section 3.

Same,

municipalities and other bodies

(3) The municipalities and other bodies set out in the

Schedule to the Pay Equity

Act shall not award a construction

Document details

Collection	Ontario — Bills
Citation	Bill 80, 40-2
Type	bill
Volume / chapter	p40 s2 bill 80 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1a00a73f239ba5948bf80c7f2f87fedc6cd86246

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