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Bill 76, Respecting Workers in Health Care and in Related Fields Act, 2023

Gélinas, France

Gates, Wayne

West, Jamie

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Status

Debates

Original

Bill 76 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Respecting Workers in Health Care and in

Related Fields Act, 2023 , which requires the Minister to take all

necessary steps to ensure the following:

1. No

less than 70 per cent of individuals employed at a hospital, long-term care

home or home care agency or with a health care provider be employed on a

permanent and full-time basis in certain circumstances.

2. Personal

support workers receive at least $8.00 more than the minimum wage for each hour

worked in addition to health benefits, membership into a pension plan and a

minimum amount of paid sick leave.

3. Homemakers

receive at least the minimum wage for each hour worked in addition to having the

provisions on hours of work, eating and free time periods and overtime pay in

the Employment Standards Act, 2000 apply to them.

Bill 76 2023

Act to require the minister to take certain steps to improve the working

conditions of health care workers and workers in related fields

His

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

Province of Ontario, enacts as follows:

Purpose

The

purpose of this Act is to improve the working conditions of personal support

workers, homemakers and workers in certain health care settings in order to

encourage these workers to remain in these career fields as well as encourage

future workers to enter these career fields.

Definitions

(1) In

this Act,

“minimum

wage” has the same meaning as in the Employment Standards

Act, 2000 ; (“salaire minimum”)

“Minister”

means the Minister of Labour, Immigration, Training and Skills Development or

such other member of the Executive Council to whom responsibility for the

administration of this Act may be assigned or transferred under the Executive Council Act . (“ministre”)

Health

care providers

(2) A

reference in this Act to a health care provider means a member of a College

under the Regulated Health Professions Act, 1991 ,

provided that the member is acting within the scope of the member’s practice at

the relevant time.

Permanent

and full-time employment in certain health care settings

The

Minister shall take all necessary steps, including introducing legislation if

necessary, to ensure that, if a hospital, long-term care home, home care agency

or health care provider employs more than 20 individuals, no less than 70 per cent

of the total number of individuals employed by the hospital, long-term care

home, home care agency or health care provider are employed on a permanent and

full-time basis at the hospital, long-term care home or home care agency or

with the health care provider.

Personal

support workers

The

Minister shall take all necessary steps, including introducing legislation if

necessary, to ensure that,

(

a) an

individual who is working as a personal support worker is paid at least $8.00

more than the minimum wage for each hour worked as a personal support worker;

(

b) an

individual who is working as a personal support worker on a full-time basis in

a calendar year is entitled to no less than 10 days of paid leave for the

calendar year with respect to a personal illness, injury or medical emergency

of the personal support worker;

(

c) an

individual who is working as a personal support worker on a part-time basis in

a calendar year is entitled to a certain number of days of paid leave for the

calendar year, pro-rated in proportion to the 10 days provided for in clause

(

b) based on the number of hours worked in the calendar year, with respect to a

personal illness, injury or medical emergency of the personal support worker;

and

(

d) an

individual who is working as a personal support worker on a full-time or

part-time basis is entitled to receive health benefits and be a member of a

pension plan.

Homemakers

(1) The

Minister shall take all necessary steps, including introducing legislation if

necessary, to ensure that,

(

a) an

individual who is working as a homemaker is paid at least the minimum wage for each

hour worked as a homemaker; and

(

b) Parts

VII (Hours of Work and Eating Periods) and VIII (Overtime Pay) of the Employment Standards Act, 2000 apply to an individual who

is working as a homemaker.

(2) In

this section,

“homemaker”

means a person who is employed,

(

a) to

perform homemaking services for a householder or member of a household in the

householder’s private residence, and

(

b) by

a person other than the householder.

Commencement

This Act comes into force one year after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Respecting Workers in

Health Care and in Related Fields Act, 2023 .

Date Bill stage Event Outcome Committee

March 7, 2023

First Reading

Ordered for Second Reading

March 7, 2023

First Reading

Vote

Carried

First Reading

March 7, 2023

Carried

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