Employment Standards Amendment Act (Protection for Artists), 2009 Tabuns, Peter — Bill 165 (39th Parliament, 1st Session)

Bill 165, 39-1

Ontario — Bills

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Bill 165, Employment Standards Amendment Act (Protection for Artists), 2009

Tabuns, Peter

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[39] Bill 165 Original (PDF)

Bill 165 2009

An Act to amend

the Employment Standards Act, 2000 with respect to artists

Note:

This Act amends the Employment Standards Act, 2000. For the legislative

history of the Act, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

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

1. (1) Subsection 1 (1) of the Employment Standards Act, 2000

is amended by adding the following

definitions:

"artist"

means a person who practises an art on his or her own account and who offers

his or her services for remuneration, whether or not through a partnership or

corporation, as a creator or performer in any field of artistic endeavour, and

includes a person who,

(

a) is

an author of artistic, dramatic, literary or musical works within the meaning

of the Copyright Act (Canada), or a director responsible for the overall

direction of audiovisual works,

(

b) performs,

sings, recites, directs or acts, in any manner, in a musical, literary or

dramatic work, or in a circus, variety, mime or puppet show, or

(

c) contributes

to the creation of any production in the performing arts, music, dance and variety

entertainment, film, radio and television, video, sound-recording, dubbing or

the recording of commercials, arts and crafts, or visual arts; ("artiste")

"dependent contractor" means a person, whether or not employed under a

contract of employment, and whether or not furnishing tools, vehicles, equipment,

machinery, material, or any other thing owned by the dependent contractor, who

performs work or services for another person for compensation or reward on such

dependence upon, and under an obligation to perform duties for, that person

more closely resembling the relationship of an employee than that of an

independent contractor; ("entrepreneur dépendant")

(2) The definition of "employee" in

subsection 1 (1) of the Act is amended by striking out "or" at the end of

clause (

c) and by adding the following clauses:

(

e) a person who is a

dependent contractor, and

(

f) an artist who is an

independent contractor,

. . . . .

(3) The definition of "employer" in

subsection 1 (1) of the Act is amended by striking out "and" at the end of

clause (a), by adding "and" at the end of clause (

b) and by adding the following

clause:

(

c) a person who

utilizes the services of a dependent contractor, or an independent contractor

who is an artist;

Commencement

2. This Act comes into force on the day it

receives Royal Assent.

Short title

3. The

short title of this Act is the Employment Standards Amendment

Act (Protection for Artists), 2009 .

EXPLANATORY NOTE

The

Bill amends the Employment

Standards Act, 2000 by adding and amending several

definitions.

The definition of "employee" is amended to include artists, and the definition

of "employer" is amended accordingly.

Definitions of the terms "artist" and

"dependent contractor" are also added.

Date Bill stage Activity Committee

April 23, 2009

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

April 23, 2009

Second Reading

Carried

April 23, 2009

Second Reading

Debate

April 1, 2009

First Reading

Carried

Debates and Progress

First Reading

April 1, 2009

Committee

Second Reading

April 23, 2009

Mr. Peter Tabuns, Mr. Vic Dhillon, Mr. John O'Toole, Mr. Michael Prue, Mrs. Laura Albanese, Mr. Jerry J. Ouellette, Mr. Khalil Ramal

April 23, 2009

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 165

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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Document details

Collection	Ontario — Bills
Citation	Bill 165, 39-1
Type	bill
Volume / chapter	p39 s1 bill 165 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	48f6c5fb9ca4e20fde86a60fd69258d4e87a6605

Source file is stored in the law ingest library (html).