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Bill 88, Working for Workers Act, 2022

McNaughton, Hon. Monte Minister of Labour, Training and Skills Development

Royal Assent received. Statutes of Ontario 2022,

chapter 7

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Bill 88 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 88 and does not form part of the law.

Bill 88 has been enacted as

Chapter 7 of the Statutes of Ontario, 2022.

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

The

Schedule enacts the Digital Platform Workers’ Rights Act,

2022 . The purpose of the Act is to establish the following rights for

workers who perform digital platform work:

The

right to information (section 7).

The

right to a recurring pay period and pay day (section 8).

The

right to minimum wage (section 9).

The

right to amounts earned by the worker and to tips and other gratuities (section

10).

The

right to notice of removal from an operator’s digital platform (section 11).

The

right to resolve digital platform work-related disputes in Ontario (section

12).

The

right to be free from reprisal (section 13).

Digital

platform work is defined to mean the provision of for payment ride share,

delivery, courier or other prescribed services by workers who are offered work

assignments by an operator through the use of a digital platform.

The

rest of the Act sets out rules, processes and requirements with respect to

record keeping, director liability, complaints and enforcement, collections,

and offences and prosecutions. Miscellaneous provisions are included addressing

limitation periods and other matters, and related regulation-making powers are

added.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Employment Standards Act, 2000 is amended as

follows:

Section

3 of the Act is amended to provide that the Act does not apply to certain

business and information technology consultants.

2. New

Part XI.1 of the Act imposes a requirement on employers that employ 25 or more

employees to have a written policy with respect to electronic monitoring of

employees.

Section

50.2 of the Act, which governs reservist leaves of absence, is amended to

provide that an employee is entitled to leave under that

section if the

employee is participating in Canadian Armed Forces military skills training.

The

section is also amended to provide that an employee is entitled to leave after

being employed by the employer for three consecutive months.

4. Related

amendments are made to the Act and provision is also made for regulations to be

made by the Lieutenant Governor in Council.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

The

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006 is amended to establish timelines within which regulated

professions must respond to applications for registration from domestic labour

mobility applicants unless an exemption is granted from the requirement. Other

related amendments are made.

SCHEDULE 4

OCCUPATIONAL HEALTH AND SAFETY ACT

The

Occupational Health and Safety Act is amended to

require employers to provide naloxone kits and comply with related requirements

if the employer becomes aware, or ought reasonably to be aware, that there may

be a risk of a worker having an opioid overdose at a workplace where that

worker performs work for the employer, or where the prescribed circumstances

exist.

Various

amendments are made to the Act in respect of fines applicable for convictions

under the Act. The maximum fine is increased from $100,000 to $1,500,000 for

directors or officers of corporations and to $500,000 for other individuals. A

list of aggravating factors to be considered in determining a penalty is also

added and the limitation period for instituting a prosecution is extended from

one year to two years.

Bill 88 2022

Act to enact the Digital Platform Workers’ Rights Act, 2022 and to amend

various Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Digital

Platform Workers’ Rights Act, 2022

Schedule 2

Employment

Standards Act, 2000

Schedule 3

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 4

Occupational

Health and Safety Act

Her

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, 2022 .

Schedule 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

CONTENTS

Interpretation, Application,

Etc.

Definitions

Purpose

Application

Separate

persons treated as one operator

contracting out

Civil

proceedings not affected

Worker Rights

Right

to information

Right

to recurring pay period and pay day

Right

to minimum wage

Right

to amounts earned and tips and other gratuities

Right

to notice of removal

Rights

re dispute resolution

Rights

re reprisal

Record Keeping

Records

Liability of Directors

Definition

Minister Responsible and

Director of Digital Platform Work

Minister

responsible

Director

Director

may reassign an investigation

Compliance Officers — Digital

Platform Work

Compliance

officers

Powers

and duties of officers

Officers

not compellable

Investigation

and inspection powers

Warrant

Posting

of notices

Complaints and Enforcement

Complaints

When

complaint not permitted

When

civil proceeding not permitted

When

collective agreement applies

arbitrator finds contravention

Arbitration

and s. 4

Meeting

may be required

Time

for response

Order

to pay

Order

for compensation

Worker

cannot be found

Order

against director, s. 15

Further

order, s. 15

Money

paid when no review

Compliance

order

Refusal

to issue order

Time

limit on recovery, worker’s complaint

Settlement

Review

Money

held in trust pending review

Powers

of Board

Settlement

through labour relations officer

Notice

of contravention

Review

of notice of contravention

When

no decision after six months

Collections

Collections

Offences and Prosecutions

Offence

to keep false records

General

offence

Additional

orders

Offence

re order for reinstatement

Additional

orders re other contraventions

Offence

re directors’ liability

Offence

re permitting offence by corporation

Where

prosecution may be heard

Publication

re convictions

Limitation

period

Miscellaneous Evidentiary

Provisions

Copy

constitutes evidence

General

Limitation

period

Persons

from Board not compellable

Service

of documents

Conflict

Regulations

Commencement and

Short Title

Commencement

Short

title

Interpretation,

Application, Etc.

Definitions

(1) In this

Act,

“Board”

means the Ontario Labour Relations Board; (“Commission”)

“collector”

means a person, other than a compliance officer, who is authorized by the

Director to collect an amount owing under this Act; (“agent de recouvrement”)

“digital

platform” means, subject to the regulations, an online platform that allows

workers to choose to accept or decline digital platform work; (“plateforme

numérique”)

“digital

platform work” means, subject to the regulations, the provision of for payment

ride share, delivery, courier or other prescribed services by workers who are

offered work assignments by an operator through the use of a digital platform;

(“travail sur plateforme numérique”)

“Director”

means the Director of Digital Platform Work; (“directeur”)

“labour

relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995 ; (“agent des relations de

travail”)

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“operator”

means, subject to the regulations, a person that facilitates, through the use

of a digital platform, the performance of digital platform work by workers, but

does not include a temporary help agency within the meaning of the Employment Standards Act, 2000 ; (“exploitant”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means the regulations made under this Act; (“règlements”)

“tip

or other gratuity” means,

(

a) a

payment voluntarily made to or left for a worker by a person in such

circumstances that a reasonable person would be likely to infer that the person

intended or assumed that the payment would be kept by the worker,

(

b) a

payment voluntarily made to an operator by a person in such circumstances that

a reasonable person would be likely to infer that the person intended or

assumed that the payment would be redistributed to a worker,

(

c) a

payment of a service charge or similar charge imposed by an operator on a

person in such circumstances that a reasonable person would be likely to infer

that the person intended or assumed that the payment would be redistributed to

a worker,

(

d) such

other payments as may be prescribed,

but

does not include,

(

e) such

payments as may be prescribed, and

(

f) such

charges as may be prescribed relating to the method of payment used, or a

prescribed portion of those charges; (“pourboire ou autre gratification”)

“worker” means, subject to the regulations, an

individual who performs digital platform work and includes a person who was a

worker; (“travailleur”)

“worker

right” means a requirement or prohibition under this Act that applies to an

operator for the benefit of a worker. (“droit du travailleur”)

Amount

owing

(2) For

greater certainty, and except as otherwise provided, a reference in this Act to

“an amount owing” in respect of a worker includes any tips or other gratuities

that are owing.

Purpose

2 The purpose of this Act

is to establish certain worker rights for workers, regardless of whether those

workers are employees.

Application

(1) Subject

to subsection (2), the worker rights set out in this Act apply with respect to

a worker if,

(

a) the

worker’s work assignment is to be performed in Ontario; or

(

b) the

worker’s work assignment is to be performed in Ontario and outside Ontario but

the work performed outside Ontario is a continuation of the work performed in

Ontario.

Exception,

federal jurisdiction

(2) This

Act does not apply with respect to workers within the legislative jurisdiction

of the Parliament of Canada.

Separate

persons treated as one operator

4 (1) Subsection

(2) applies if associated or related activities or businesses are or were

carried on by or through an operator and one or more other persons.

Same

(2) The

operator and the other person or persons described in subsection (1) shall all

be treated as one operator for the purposes of this Act.

Businesses

need not be carried on at same time

(3) Subsection

(2) applies even if the activities or businesses are not carried on at the same

time.

Exception,

individuals

(4) Subsection

(2) does not apply with respect to a corporation and an individual who is a

shareholder of the corporation unless the individual is a member of a

partnership and the shares are held for the purposes of the partnership.

Joint

and several liability

(5) Persons

who are treated as one operator under this

section are jointly and severally

liable for any contravention of this Act and the regulations under it and for

any amounts owing to a worker by any of them.

contracting out

(1) Subject

to subsection (2), no operator and no worker shall contract out of or waive a

worker right and any such contracting out or waiver is void.

Greater

contractual or statutory right

(2) If

one or more provisions in a contract or in another Act that directly relate to

the same subject matter as a worker right provide a greater benefit to a worker

than the worker right, the provision or provisions in the contract or Act apply

and the worker right does not apply.

Civil

proceedings not affected

6 Subject to

section 27,

no civil remedy of a worker against an operator is affected by this Act.

Worker Rights

Right

to information

(1) Within

24 hours after an individual is given access to an operator’s digital platform

for the purpose of accepting or declining to perform digital platform work, the

operator shall provide the following information in writing to the individual:

1. A

description of how pay for digital platform work is calculated.

2. Whether

tips or other gratuities are collected by the operator and, if so, when and how

they are collected.

3. The

recurring pay period and recurring pay day established by the operator under

section 8.

4. Any

factors used to determine whether work assignments are offered to workers and a

description of how those factors are applied.

5. Whether

the digital platform uses a performance rating system and whether there are

consequences based on a worker’s performance rating or a worker’s failure to

perform a work assignment and a description of those consequences.

6. Such

other information as may be prescribed.

Same,

notice of change

(2) After

the information required by subsection (1) is provided to the individual, if

there is a change in any of the information, the operator shall inform the

individual, in writing, of the change before the change takes effect.

Same

(3) For

greater certainty, subsection (2) does not authorize an operator to make a

change not otherwise authorized under this Act or any other law.

Same,

new work assignment

(4) An

operator shall provide the following information in writing to a worker when

offering a work assignment to the worker:

1. The

estimated amount the worker will be paid for the work and a description of how

that amount was calculated.

2. Any

factors used in determining to offer the work assignment to the worker.

3. Whether

there will be consequences based on the worker’s performance rating for the

work assignment or the worker’s failure to perform the work assignment and, if

applicable, a description of those consequences.

4. Such

other information as may be prescribed.

Same,

completed work assignment

(5) An

operator shall provide the following information in writing to a worker within

24 hours of completion of a work assignment by the worker:

1. The

actual amount the worker will be paid for the work, a description of how that

amount was calculated and when the amount will be paid.

2. The

amount of any tips or other gratuities collected by the operator in respect of

the work assignment, the amount of tip or other gratuity that will be paid to

the worker and when the amount will be paid.

3. Such

other information as may be prescribed.

Same,

performance ratings

(6) An

operator shall provide information to a worker about performance ratings, as

follows:

1. If

a worker receives five or more performance ratings for work assignments on a

calendar day, the operator shall provide to the worker the average performance

rating for that day.

2. If

a worker receives fewer than five performance ratings for work assignments on a

given calendar day but a total of five or more such ratings over two or more

days including that day, the operator shall provide to the worker the average

of all the performance ratings received on those days.

3. The

operator shall provide, if applicable, the aggregate details of the rating

referred to in paragraph 1 or 2, whether there are any consequences based on

the rating and a description of those consequences.

Same,

provision of performance ratings

(7) The

information referred to in subsection (6) shall be provided within 24 hours

after the end of the last day included in the calculation of the average

performance rating.

Same,

work assignment not completed

(8) If

a worker does not complete a work assignment that the worker agreed to perform,

the operator shall provide the worker with a written description of the

consequences, if any, of the failure to complete the work assignment before the

consequences take effect.

Right

to recurring pay period and pay day

8 An operator shall

establish a recurring pay period and a recurring pay day and shall pay all

amounts earned during each pay period and all tips or other gratuities

collected by the operator during each pay period no later than the pay day for

that period.

Right

to minimum wage

(1) An

operator shall pay workers at least the minimum wage payable under

section 23.1

of the Employment Standards Act, 2000 for the class

of employees set out in subparagraph 1 iv of subsection 23.1 (1) of that Act.

Same,

determination

(2) For

the purposes of determining compliance with subsection (1), the following rules

apply:

1. Minimum

wage shall be paid for each work assignment performed by a worker.

2. Tips

and other gratuities paid in respect of a work assignment shall not be included

in determining compliance with subsection (1) for that assignment.

3. Such

other rules as may be prescribed apply in determining compliance with

subsection (1).

Right

to amounts earned and tips and other gratuities

(1) An

operator shall not withhold amounts earned or tips or other gratuities from a

worker, make a deduction from an amount earned by a worker or a worker’s tips

or other gratuities or cause a worker to return or give the amount earned by

the worker or the worker’s tips or other gratuities to the operator unless

authorized to do so under this

section or in such circumstances as may be

prescribed.

Same,

statute or court order

(2) An

operator may withhold or make a deduction from amounts earned by a worker or a

worker’s tips or other gratuities or cause a worker to return or give them to

the operator if a statute of Ontario or Canada or a court order authorizes it.

Exception

(3) Subsection

(2) does not apply if the statute or order requires the operator to remit the

withheld, deducted, returned or given amounts earned or tips or other

gratuities to a third party and the operator fails to do so.

Right

to notice of removal

(1) No

operator shall remove a worker’s access to the operator’s digital platform

unless the operator,

(

a) has

provided the worker with a written explanation of why the access to the digital

platform was removed; and

(

b) if

access is removed for a period of 24 hours or longer, has given the worker two

weeks’ written notice of the removal.

Exception

(2) Clause

(1) (

b) does not apply if the worker has been guilty of wilful misconduct or in

such other circumstances as may be prescribed.

Rights

re dispute resolution

12 All digital platform

work-related disputes between an operator and a worker shall be resolved in

Ontario.

Rights

re reprisal

(1) No

operator, and no person acting on the operator’s behalf, shall intimidate or

penalize or attempt or threaten to intimidate or penalize a worker,

(

a) because

the worker,

(

i) asks

any person to comply with this Act,

(ii) makes

inquiries about his or her rights under this Act,

(iii) files

a complaint with the Ministry under this Act,

(iv) exercises

or attempts to exercise a right under this Act,

(

v) gives

information to a compliance officer, or

(vi) testifies

or is required to testify or otherwise participates or is going to participate

in a proceeding under this Act; or

(

b) because

the operator is or may be required, because of a court order or garnishment, to

pay to a third party an amount owing by the operator to the worker.

Onus

of proof

(2) In

a proceeding for the contravention of this

section other than a proceeding

described in subsection (3), the burden of proof that a person did not

contravene this

section lies on that person.

Exception

(3) Subsection

(2) does not apply with respect to the burden of proof in a review under

section

48 of a notice of contravention of this

section or the burden of proof in a

prosecution for a contravention of this section.

Record Keeping

Records

(1) An

operator shall record the following information with respect to each worker who

accesses the operator’s digital platform for the purpose of accepting or

declining to perform digital platform work:

1. The

worker’s name and address.

2. Any

dates on which the worker was given access to the operator’s digital platform for

the purpose of performing work.

3. Any

dates on which the worker’s access to the operator’s digital platform was

removed or reinstated.

4. The

dates on which the worker performed work assignments and the times that each

work assignment started and finished.

5. Any

amounts paid to the worker in respect of a work assignment, the dates the

amounts were paid and a description of the payments, including any tips or

other gratuities or other amounts included in the payment.

6. Such

other information as may be prescribed.

Retention

of records

(2) The

operator shall retain or arrange for some other person to retain the records of

the information required under this

section for three years after the worker’s

access to the digital platform is terminated.

Availability

for inspection

(3) The

operator shall ensure that the records required by this

section are readily

available for inspection as required by a compliance officer, even if the

operator has arranged for another person to retain them.

Liability of Directors

Definition

(1) In this

section,

“director”

means a director of a corporation and includes a shareholder who is a party to

a unanimous shareholder agreement.

Application

(2) This

section applies with respect to shareholders described in subsection (1) only

to the extent that the directors are relieved, under subsection 108 (5) of the Business Corporations Act or subsection 146 (5) of the

Canada Business Corporations Act , of their liability to

pay wages to the employees of the corporation.

Non-application

(3) This

section does not apply with respect to directors of corporations to which the Not-for-Profit Corporations Act, 2010 or the Co-operative Corporations Act applies.

Same

(4) This

section does not apply with respect to directors, or persons who perform

functions similar to those of a director, of a college of a health profession

or a group of health professions that is established or continued under

an Act

of the Legislature.

Same

(5) This

section does not apply with respect to directors of corporations,

(

a) that

have been incorporated in another jurisdiction;

(

b) that

have objects that are similar to the objects of corporations to which the Not-for-Profit Corporations Act, 2010 applies or to which

the Co-operative Corporations Act applies; and

(

c) that

are carried on without the purpose of gain.

Directors’

liability for amounts owing

(6) The

directors of an operator are jointly and severally liable for amounts owing to

workers as provided in this

section if,

(

a) the

operator is insolvent, the worker has caused a claim for an amount owing to the

worker to be filed with the receiver appointed by a court with respect to the

operator or with the operator’s trustee in bankruptcy and the claim has not

been paid;

(

b) a

compliance officer has made an order that the operator is liable for an amount

owing to a worker, unless the amount set out in the order has been paid or the

operator has applied to have it reviewed;

(

c) a

compliance officer has made an order that a director is liable for an amount

owing to the worker, unless the amount set out in the order has been paid or

the operator or the director has applied to have it reviewed; or

(

d) the

Board has issued, amended or affirmed an order under

section 45, the order, as

issued, amended or affirmed, requires the operator or the directors to pay an

amount and the amount set out in the order has not been paid.

Operator

primarily responsible

(7) Despite

subsection (6), the operator is primarily responsible for an amount owing to a

worker but proceedings against the operator under this Act do not have to be

exhausted before proceedings may be commenced to collect amounts owing from

directors under this section.

liability for tips or other gratuities or compensation

(8) Directors

are not liable under this

section for any tips or other gratuities, or

compensation ordered under

section 34, owing to a worker.

Directors’

maximum liability

(9) The

directors of an operator corporation are jointly and severally liable to a

worker for all debts under this Act and the regulations made under it or under

any collective agreement made by the corporation not exceeding the value of six

months’ earnings for that worker that became payable while they are directors.

Contribution

from other directors

(10) A

director who has satisfied a claim for an amount owing to a worker is entitled

to contribute in relation to the amount owing from other directors who are

liable for the claim.

Limitation

period

(11) A

limitation period set out in

section 62 prevails over a limitation period in

any other Act, unless the other Act states that it is to prevail over this Act.

relief by contract, etc.

(12) No

provision in a contract, in the articles of incorporation or the by-laws of a

corporation or in a resolution of a corporation relieves a director from the

duty to act according to this Act or relieves him or her from liability for

breach of it.

Indemnification

of directors

(13) An

operator may indemnify a director, a former director and the heirs or legal

representatives of a director or former director against all costs, charges and

expenses, including an amount paid to satisfy an order under this Act

reasonably incurred by the director with respect to any civil or administrative

action or proceeding to which the director is a party by reason of being or

having been a director of the operator if,

(

a) the

director has acted honestly and in good faith with a view to the best interests

of the operator; and

(

b) in

the case of a proceeding or action that is enforced by a monetary penalty, the

director had reasonable grounds for believing that the director’s conduct was

lawful.

Civil

remedies protected

(14) No

civil remedy that a person may have against a director or that a director may

have against a person is suspended or affected by this section.

Minister Responsible

and Director of Digital Platform Work

Minister

responsible

(1) The

Minister is responsible for the administration of this Act.

Delegation

of powers

(2) Where,

under this Act or the regulations, any power or duty is granted to or vested in

the Minister or the Deputy Minister of the Ministry, the Minister or Deputy

Minister may, in writing, delegate that power or duty from time to time to any

employee in the Ministry, subject to such limitations, restrictions, conditions

and requirements as the Minister or Deputy Minister may set out in the

delegation.

Director

(1) The

Minister shall appoint a person to be the Director of Digital Platform Work to

administer this Act and the regulations.

Acting

Director

(2) The

Director’s powers may be exercised and the Director’s duties may be performed

by an employee of the Ministry appointed as Acting Director if,

(

a) the

Director is absent or unable to act; or

(

b) an

individual who was appointed Director has ceased to be the Director and no new

Director has been appointed.

Same

(3) An

Acting Director shall be appointed by the Director or, in the Director’s absence,

the Deputy Minister.

Policies

(4) The

Director may establish policies respecting the

interpretation, administration

and enforcement of this Act.

Delegation

(5) Where,

under this Act or the regulations, any power or duty is granted to or vested in

the Director, the Director may, in writing, delegate that power or duty from

time to time to any employee in the Ministry, subject to such limitations,

restrictions, conditions and requirements as the Director may set out in the

delegation.

Hearing

not required

(6) The

Director is not required to hold a hearing in exercising any power or making

any decision under this Act.

Director

may reassign an investigation

(1) The

Director may terminate the assignment of a compliance officer to the

investigation of a complaint and may assign the investigation to another

compliance officer.

Same

(2) If

the Director terminates the assignment of a compliance officer to the

investigation of a complaint,

(

a) the

officer whose assignment is terminated shall no longer have any powers or

duties with respect to the investigation of the complaint or the discovery

during the investigation of any similar potential entitlement of another worker

related to the complaint; and

(

b) the

new compliance officer assigned to the investigation may rely on evidence

collected by the first officer and any findings of fact made by that officer.

Inspections

(3) This

section applies with necessary modifications to inspections of operators by

compliance officers.

Compliance Officers —

Digital Platform Work

Compliance

officers

(1) Such

persons as are considered necessary to enforce this Act and the regulations may

be appointed under

Part III of the Public Service of

Ontario Act, 2006 as compliance officers.

Certificate

of appointment

(2) The

Deputy Minister of the Ministry shall issue a certificate of appointment

bearing the Deputy Minister’s signature or a facsimile of it to every

compliance officer.

Powers

and duties of officers

(1) A compliance

officer may exercise the powers conferred upon compliance officers under this

Act and shall perform the duties imposed upon compliance officers under this

Act.

Officers

to follow policies

(2) A

compliance officer shall follow any policies established by the Director under

subsection 17 (4).

Hearing

not required

(3) A

compliance officer is not required to hold a hearing in exercising any power or

making any decision under this Act.

Officers

not compellable

(1) A compliance

officer is not a competent or compellable witness in a civil proceeding

respecting any information given or obtained, statements made or received, or

records or other things produced or received under this Act except for the

purpose of carrying out the officer’s duties under this Act.

Same

(2) A

compliance officer shall not be compelled in a civil proceeding to produce any

record or other thing the officer has made or received under this Act except

for the purpose of carrying out the officer’s duties under this Act.

Investigation

and inspection powers

(1) A compliance

officer may, without a warrant, enter and inspect any place in order to

investigate a possible contravention of this Act or to perform an inspection to

ensure that this Act is being complied with.

Time

of entry

(2) The

power to enter and inspect a place without a warrant may be exercised only

during the place’s regular business hours or, if it does not have regular

business hours, during daylight hours.

Dwellings

(3) The

power to enter and inspect a place without a warrant shall not be exercised to

enter and inspect a part of the place that is used as a dwelling unless the

occupier of the dwelling consents or a warrant has been issued under

section 23.

Use

of force

(4) A

compliance officer is not entitled to use force to enter and inspect a place.

Identification

(5) A

compliance officer shall produce, on request, evidence of the officer’s appointment.

Powers

of officer

(6) A

compliance officer conducting an investigation or inspection may,

(

a) examine

a record or other thing that the officer thinks may be relevant to the

investigation or inspection;

(

b) require

the production of a record or other thing that the officer thinks may be

relevant to the investigation or inspection;

(

c) remove

for review and copying a record or other thing that the officer thinks may be

relevant to the investigation or inspection;

(

d) in

order to produce a record in readable form, use data storage, information

processing or retrieval devices or systems that are normally used in carrying

on business in the place; and

(

e) question

any person on matters the officer thinks may be relevant to the investigation

or inspection.

Written

demand

(7) A

demand that a record or other thing be produced must be in writing and must

include a statement of the nature of the record or thing required.

Obligation

to produce and assist

(8) If

a compliance officer demands that a record or other thing be produced, the

person who has custody of the record or thing shall produce it and, in the case

of a record, shall on request provide any assistance that is reasonably

necessary to interpret the record or to produce it in a readable form.

Records

and things removed from place

(9) A

compliance officer who removes a record or other thing under clause (6) (

c) shall provide a receipt and return the record or thing to the person within a

reasonable time.

Copy

admissible in evidence

(10) A

copy of a record that purports to be certified by a compliance officer as being

a true copy of the original is admissible in evidence to the same extent as the

original, and has the same evidentiary value.

Self-audit

(11) In

addition to the powers set out in subsection (6), a compliance officer

conducting an inspection may, by giving written notice, require an operator to

conduct an examination of the operator’s records, practices or both in relation

to one or more provisions of this Act or the regulations.

Examination

and report

(12) If

an operator is required to conduct an examination under subsection (11), the

operator shall conduct the examination and report the results of the

examination to the compliance officer in accordance with the notice.

Notice

(13) A

notice given under subsection (11) shall specify,

(

a) the

period to be covered by the examination;

(

b) the

provision or provisions of this Act or the regulations to be covered by the

examination; and

(

c) the

date by which the operator must provide a report of the results of the

examination to the compliance officer.

Same

(14) A

notice given under subsection (11) may specify,

(

a) the

method to be used in carrying out the examination;

(

b) the

format of the report; and

(

c) such

information to be included in the operator’s report as the compliance officer

considers appropriate.

Same

(15) Without

restricting the generality of clause (14) (c), a notice given under subsection

(11) may require the operator to include in the report to the compliance officer,

(

a) an

assessment of whether the operator has complied with this Act or the

regulations;

(

b) if,

pursuant to clause (a), the operator has included an assessment that the

operator has not complied with this Act or the regulations,

(

i) an

assessment of whether one or more workers are owed payments, and

(ii) a

description of the measures that the operator has taken or will take to ensure

that this Act or the regulations will be complied with; and

(

c) if,

pursuant to subclause (b) (i), the operator has included an assessment that one

or more workers are owed payments, the name and address of every worker who is

owed payments, the amount of payments owed to each worker and an explanation of

how the amount owed to each worker was determined.

Obstruction

(16) No

person shall hinder, obstruct or interfere with or attempt to hinder, obstruct

or interfere with a compliance officer conducting an investigation or

inspection.

Same

(17) No

person shall,

(

a) refuse

to answer questions on matters that a compliance officer thinks may be relevant

to an investigation or inspection; or

(

b) provide

a compliance officer with information on matters the officer thinks may be

relevant to an investigation or inspection that the person knows to be false or

misleading.

Separate

inquiries

(18) No

person shall prevent or attempt to prevent a compliance officer from making

inquiries of any person separate and apart from another person under clause (6)

(e).

Warrant

(1) A

justice of the peace may issue a warrant authorizing a compliance officer named

in the warrant to enter premises specified in the warrant and to exercise any

of the powers mentioned in subsection 22 (6), if the justice of the peace is

satisfied on information under oath that,

(

a) the

officer has been prevented from exercising a right of entry to the premises

under subsection 22 (1) or has been prevented from exercising a power under

subsection 22 (6);

(

b) there

are reasonable grounds to believe that the officer will be prevented from

exercising a right of entry to the premises under subsection 22 (1) or will be

prevented from exercising a power under subsection 22 (6); or

(

c) there

are reasonable grounds to believe that an offence under this Act or the

regulations has been or is being committed and that information or other

evidence will be obtained through the exercise of a power mentioned in

subsection 22 (6).

Expiry

of warrant

(2) A

warrant issued under this

section shall name a date on which it expires, which

date shall not be later than 30 days after the warrant is issued.

Extension

of time

(3) Upon

application without notice by the compliance officer named in a warrant issued

under this section, a justice of the peace may extend the date on which the

warrant expires for an additional period of no more than 30 days.

Use

of force

(4) A

compliance officer named in a warrant issued under this

section may call upon a

police officer for assistance in executing the warrant.

Time

of execution

(5) A

warrant issued under this

section may be executed only between 8 a.m. and 8

p.m., unless the warrant specifies otherwise.

Other

matters

(6) Subsections

22 (4) to (18) apply with necessary modifications to an officer executing a

warrant issued under this section.

Same

(7) Without

restricting the generality of subsection (6), if a warrant is issued under this

section, the matters on which an officer executing the warrant may question a

person under clause 22 (6) (

e) are not limited to those that aid in the

effective execution of the warrant but extend to any matters that the officer

thinks may be relevant to the investigation or inspection.

Posting

of notices

24 A compliance officer

may require an operator to post and to keep posted in the manner required by

the officer,

(

a) any

notice relating to the administration or enforcement of this Act or the

regulations that the officer considers appropriate; or

(

b) a

copy of a report or part of a report made by the officer concerning the results

of an investigation or inspection.

Complaints and

Enforcement

Complaints

(1) A person

alleging that this Act has been or is being contravened may file a complaint

with the Ministry in a written or electronic form approved by the Director.

Effect

of failure to use form

(2) A

complaint that is not filed in a form approved by the Director shall be deemed

not to have been filed.

Limitation

(3) A

complaint regarding a contravention that occurred more than two years before

the day on which the complaint was filed shall be deemed not to have been

filed.

When

complaint not permitted

26 A worker who commences

a civil proceeding with respect to an alleged failure to pay for work performed

may not file a complaint with respect to the same matter or have such a

complaint investigated.

When

civil proceeding not permitted

(1) A worker

who files a complaint under this Act with respect to an alleged failure to pay

for work performed may not commence a civil proceeding with respect to the same

matter.

Withdrawal

of complaint

(2) Despite

subsection (1), a worker who has filed a complaint may commence a civil

proceeding with respect to a matter described in that subsection if the worker

withdraws the complaint within two weeks after it is filed.

When

collective agreement applies

(1) If an

operator is or has been bound by a collective agreement that applies or applied

in respect of the performance of digital platform work, this Act is enforceable

against the operator as if it were part of the collective agreement with

respect to an alleged contravention of this Act that occurs,

(

a) when

the collective agreement is or was in force;

(

b) when

its operation is or was continued under subsection 58 (2) of the Labour Relations Act, 1995 ; or

(

c) during

the period that the parties to the collective agreement are or were prohibited

by subsection 86 (1) of the Labour Relations Act, 1995

Complaint

not permitted

(2) A

worker who is represented by a trade union that is or was a party to a

collective agreement may not file a complaint alleging a contravention of this

Act that is enforceable under subsection (1) or have such a complaint

investigated.

Worker

bound

(3) A

worker who is represented by a trade union that is or was a party to a

collective agreement is bound by any decision of the trade union with respect

to the enforcement of this Act under the collective agreement, including a

decision not to seek that enforcement.

Membership

status irrelevant

(4) Subsections

(2) and (3) apply even if the worker is not a member of the trade union.

Unfair

representation

(5) Nothing

in subsection (3) or (4) prevents a worker from filing a complaint with the

Board alleging that a decision of the trade union with respect to the

enforcement of this Act contravenes

section 74 of the Labour

Relations Act, 1995 .

Exception

(6) Despite

subsection (2), the Director may permit a worker to file a complaint and may

direct a compliance officer to investigate it if the Director considers it

appropriate in the circumstances.

arbitrator finds contravention

(1) If an

arbitrator finds that an operator has contravened this Act, the arbitrator may

make any order against the operator that a compliance officer could have made

with respect to that contravention but the arbitrator may not issue a notice of

contravention.

Directors

and collective agreement

(2) An

arbitrator shall not require a director to pay an amount, take an action or

refrain from taking an action under a collective agreement that the director

could not be ordered to pay, take or refrain from taking in the absence of the

collective agreement.

Conditions

respecting orders under this section

(3) The

following conditions apply with respect to an arbitrator’s order under this

section:

1. In

an order requiring payment or compensation, the arbitrator may require that the

amount of the payment or compensation be paid,

i. to

the trade union that represents the worker or workers concerned, or

ii. directly

to the worker or workers.

2. The

order is not subject to review under

section 43.

Copy

of decision to Director

(4) When

an arbitrator makes a decision with respect to an alleged contravention of this

Act, the arbitrator shall provide a copy of it to the Director.

Arbitration

and s. 4

(1) This

section applies if, during a proceeding before an arbitrator, other than the

Board, concerning an alleged contravention of this Act, an issue is raised

concerning whether the operator to whom the collective agreement applies or

applied and another person are to be treated as one operator under

section 4.

Restriction

(2) The

arbitrator shall not decide the question of whether the operator and the other

person are to be treated as one operator under

section 4.

Reference

to the Board

(3) If

the arbitrator finds it is necessary to make a finding concerning the

application of

section 4, the arbitrator shall refer that question to the Board

by giving written notice to the Board.

Content

of notice

(4) The

notice to the Board shall,

(

a) state

that an issue has arisen in an arbitration proceeding with respect to whether

the operator and another person are to be treated as one operator under

section

4; and

(

b) set

out the decisions made by the arbitrator on the other matters in dispute.

Decision

by Board

(5) The

Board shall decide whether the operator and the other person are one operator

under

section 4, but shall not vary any decision of the arbitrator concerning

the other matters in dispute.

Order

(6) Subject

to subsection (7), the Board may make an order against the operator and, if it

finds that the operator and the other person are one operator under

section 4,

it may make an order against the other person.

Exception

(7) The

Board shall not require the other person to pay an amount or take or refrain

from taking an action under a collective agreement that the other person could

not be ordered to pay, take or refrain from taking in the absence of the

collective agreement.

Application

(8) Section

29 applies, with necessary modifications, with respect to an order under this

section.

Meeting

may be required

(1) A

compliance officer may, after giving at least 15 days written notice, require

any of the persons referred to in subsection (2) to attend a meeting with the

officer in the following circumstances:

1. The

officer is investigating a complaint against an operator.

2. The

officer, while inspecting a place under

section 22 or 23, comes to have

reasonable grounds to believe that an operator has contravened this Act or the

regulations with respect to a worker.

3. The

officer acquires information that suggests to the officer the possibility that

an operator may have contravened this Act or the regulations with respect to a

worker.

Attendees

(2) Any

of the following persons may be required to attend the meeting:

1. The

worker.

2. The

operator.

3. If

the operator is a corporation, a director or an employee of the corporation.

Notice

(3) The

notice referred to in subsection (1) shall specify the time and place at which

the person is to attend and shall be served on the person in accordance with

section 64.

Documents

(4) The

compliance officer may require the person to bring to the meeting or make

available for the meeting any records or other documents specified in the

notice.

Same

(5) The

compliance officer may give directions on how to make records or other

documents available for the meeting.

Compliance

(6) A

person who receives a notice under this

section shall comply with it.

Use

of technology

(7) The

compliance officer may direct that a meeting under this

section be held using

technology, including but not limited to teleconference and videoconference

technology, that allows the persons participating in the meeting to participate

concurrently.

Same

(8) If

a compliance officer gives directions under subsection (7) respecting a

meeting, the officer shall include in the notice referred to in subsection

(1) such information additional to that required by subsection (3) as the officer

considers appropriate.

Same

(9) Participation

in a meeting by means described in subsection (7) is attendance at the meeting

for the purposes of this section.

Determination

if person fails to attend, etc.

(10) If

a person served with a notice under this

section fails to attend the meeting or

fails to bring or make available any records or other documents as required by

the notice, the officer may determine whether an operator has contravened or is

contravening this Act on the basis of the following factors:

1. If

the operator failed to comply with the notice,

i. any

evidence or submissions provided by or on behalf of the operator before the

meeting, and

ii. any

evidence or submissions provided by or on behalf of the worker before or during

the meeting.

2. If

the worker failed to comply with the notice,

i. any

evidence or submissions provided by or on behalf of the worker before the

meeting, and

ii. any

evidence or submissions provided by or on behalf of the operator before or

during the meeting.

3. Any

other factors that the officer considers relevant.

Operator

includes representative

(11) For

the purposes of subsection (10), if the operator is a corporation, a reference

to an operator includes a director or employee who was served with a notice

requiring the director or employee to attend the meeting or to bring or make

available any records or other documents.

Time

for response

(1) A

compliance officer may, in any of the following circumstances and after giving

notice, require a worker or an operator to provide evidence or submissions to

the officer within the time that the officer specifies in the notice:

1. The

officer is investigating a complaint against an operator.

2. The

officer, while inspecting a place under

section 22 or 23, comes to have

reasonable grounds to believe that an operator has contravened this Act or the

regulations with respect to a worker.

3. The

officer acquires information that suggests to the officer the possibility that

an operator may have contravened this Act or the regulations with respect to a

worker.

Service

of notice

(2) The

notice shall be served on the operator or worker in accordance with

section 64.

Determination

if person fails to respond

(3) If

a person served with a notice under this

section fails to provide evidence or submissions

as required by the notice, the officer may determine whether the operator has

contravened or is contravening this Act on the basis of the following factors:

1. Any

evidence or submissions provided by or on behalf of the operator or the worker before

the notice was served.

2. Any

evidence or submissions provided by or on behalf of the operator or the worker

in response to and within the time specified in the notice.

3. Any

other factors that the officer considers relevant.

Order

to pay

(1) If a

compliance officer finds that an operator owes an amount to a worker, the

officer may,

(

a) arrange

with the operator that the operator pay the amount owing directly to the

worker;

(

b) order

the operator to pay the amount owing to the worker; or

(

c) order

the operator to pay the amount owing to the Director in trust.

Administrative

costs

(2) An

order issued under clause (1) (

c) shall also require the operator to pay to the

Director in trust an amount for administrative costs equal to the greater of

$100 and 10 per cent of the amount owing.

more than one worker

(3) A

single order may be issued with respect to amounts owing to more than one

worker.

Contents

of order

(4) The

order shall contain information setting out the nature of the amount found to

be owing to the worker or be accompanied by that information.

Service

of order

(5) The

order shall be served on the operator in accordance with

section 64.

Notice

to worker

(6) A

compliance officer who issues an order with respect to a worker under this

section shall advise the worker of its issuance by serving a letter, in

accordance with

section 64, on the worker.

Compliance

(7) Every

operator against whom an order is issued under this

section shall comply with

it according to its terms.

Effect

of order

(8) If

an operator fails to apply under

section 43 for a review of an order issued

under this

section within the time allowed for applying for that review, the

order becomes final and binding against the operator.

Same

(9) Subsection

(8) applies even if a review hearing is held under this Act to determine

another person’s liability for the amounts owing that are the subject of the

order.

Order

for compensation

(1) If a

compliance officer finds that a person has contravened

section 13, the officer

may make an order that the worker be compensated for any loss the worker

incurred as a result of the contravention or that the worker’s access to the

digital platform be reinstated, or both.

Terms

of order

(2) If

an order made under this

section requires a person to compensate a worker, it

shall also require the person to,

(

a) pay

to the Director in trust,

(

i) the

amount of the compensation, and

(ii) an

amount for administration costs equal to the greater of $100 and 10 per cent of

the amount of compensation; or

(

b) pay

the amount of the compensation to the worker.

Application

of s. 33 (3) to (8)

(3) Subsections

33 (3) to (8) apply, with necessary modifications, with respect to orders

issued under this section.

Worker

cannot be found

(1) If a

compliance officer has arranged with an operator or ordered an operator to pay

an amount owing under clause 33 (1) (

a) or (

b) or clause 34 (2) (

b) to the

worker and the operator is unable to locate the worker despite having made

reasonable efforts to do so, the operator shall pay the amount owing to the Director

in trust.

Settlements

(2) If

a compliance officer has received money for a worker under a settlement but the

worker cannot be located, the money shall be paid to the Director in trust.

When

money vests in Crown

(3) Money

paid to or held by the Director in trust under this

section vests in the Crown

but may, without interest, be paid out to the worker, the worker’s estate or

such other person as the Director considers is entitled to it.

Order

against director, s. 15

(1) If a compliance

officer makes an order against an operator for an amount owing to a worker, the

officer may make an order to pay an amount owing for which directors are liable

under

section 15 against some or all of the directors of the operator and may

serve a copy of the order in accordance with

section 64 on them together with a

copy of the order to pay against the operator.

Effect

of order

(2) If

the directors do not comply with the order or do not apply to have it reviewed,

the order becomes final and binding against those directors even if a review

hearing is held to determine another person’s liability under this Act.

Orders,

insolvent operator

(3) If

an operator is insolvent and the worker has caused a claim for an amount owing

to the worker to be filed with the receiver appointed by a court with respect

to the operator or with the operator’s trustee in bankruptcy, and the claim has

not been paid, the compliance officer may issue an order to pay an amount owing

for which directors are liable under

section 15 against some or all of the

directors and shall serve it on them in accordance with

section 64.

Procedure

(4) Subsection

(2) applies with necessary modifications to an order made under subsection (3).

Maximum

liability

(5) Nothing

in this

section increases the maximum liability of a director beyond the

amounts set out in

section 15.

Payment

to Director

(6) At

the discretion of the Director, a director who is subject to an order under

this

section may be ordered to pay the amount owing to a worker in trust to the

Director.

Further

order, s. 15

(1) A

compliance officer may make an order to pay an amount owing to a worker for

which directors are liable under

section 15 against some or all of the directors

of an operator who were not the subject of an order under

section 36, and may

serve it on them in accordance with

section 64,

(

a) after

a compliance officer has made an order against the operator under

section 33

that requires an amount owing to a worker be paid and the amount has not been

paid and the operator has not applied to have the order reviewed;

(

b) after

a compliance officer has made an order against directors under subsection 36

(1) or (3) and the amount has not been paid and the operator or the directors

have not applied to have it reviewed;

(

c) after

the Board has issued, amended or affirmed an order under

section 45 if the

order, as issued, amended or affirmed, requires the operator or the directors

to pay an amount owing to a worker and the amount set out in the order has not

been paid.

Payment

to Director

(2) At

the discretion of the Director, a director who is subject to an order under

this

section may be ordered to pay an amount owing to a worker in trust to the

Director.

Money

paid when no review

(1) Money

paid to the Director under an order under

section 33, 34, 36 or 37 shall be

paid to the person with respect to whom the order was issued unless an

application for review is made under

section 43 within the period required under

that section.

Money

distributed rateably

(2) If

the money paid to the Director under one of those orders is not enough to pay

all of the persons entitled to it under the order the full amount to which they

are entitled, the Director shall distribute that money, including money

received with respect to administrative costs, to the persons in proportion to

their entitlement.

proceeding against Director

(3) No

proceeding shall be instituted against the Director for acting in compliance

with this section.

Compliance

order

(1) If a

compliance officer finds that a person has contravened a provision of this Act

or the regulations, the officer may,

(

a) order

that the person cease contravening the provision;

(

b) order

what action the person shall take or refrain from taking in order to comply

with the provision; and

(

c) specify

a date by which the person must do so.

Payment

may not be required

(2) No

order under this

section shall require the payment of an amount owing to a

worker or payment of compensation.

Other

means not a bar

(3) Nothing

in subsection (2) precludes a compliance officer from issuing an order under

section

33, 34, 36 or 37 and an order under this

section in respect of the same

contravention.

Application

of s. 33 (5) to (8)

(4) Subsections

33 (5) to (8) apply, with necessary modifications, with respect to orders

issued under this section.

Injunction

proceeding

(5) At

the instance of the Director, the contravention of an order made under

subsection (1) may be restrained upon an application, made without notice, to a

judge of the Superior Court of Justice.

Same

(6) Subsection

(5) applies with respect to a contravention of an order in addition to any

other remedy or penalty for its contravention.

Refusal

to issue order

(1) If,

after a person files a complaint alleging a contravention of this Act or the

regulations in respect of which an order could be issued under

section 33, 34

or 39, a compliance officer assigned to investigate the complaint refuses to

issue such an order, the officer shall serve a letter, in accordance with

section 64, on the person advising the person of the refusal.

Deemed

refusal

(2) If

no order is issued with respect to a complaint described in subsection

(1) within two years after it was filed, a compliance officer shall be deemed to

have refused to issue an order and to have served a letter on the person

advising the person of the refusal on the last day of the second year.

Time

limit on recovery, worker’s complaint

(1) If a

worker files a complaint alleging a contravention of this Act or the

regulations, the compliance officer investigating the complaint may not issue

an order for payment of an amount owing that became due to the worker under the

provision that was the subject of the complaint or any other provision of this

Act or the regulations if the amount owing became due more than two years

before the complaint was filed.

Same,

another worker’s complaint

(2) If,

in the course of investigating a complaint, a compliance officer finds that an operator

has contravened this Act or the regulations with respect to a worker who did

not file a complaint, the officer may not issue an order for payment of an

amount owing that became due to that worker as a result of that contravention

if the amount owing became due more than two years before the complaint was

filed.

Same,

inspection

(3) If

a compliance officer finds during an inspection that an operator has

contravened this Act or the regulations with respect to a worker, the officer

may not issue an order for payment of an amount owing that became due to the

worker more than two years before the officer commenced the inspection.

Settlement

(1) Subject

to subsection (8), if a worker and an operator who have agreed to a settlement

respecting a contravention or alleged contravention of this Act or the

regulations inform a compliance officer in writing of the terms of the

settlement and do what they agreed to do under it,

(

a) the

settlement is binding on the parties;

(

b) any

complaint filed by the worker respecting the contravention or alleged

contravention is deemed to have been withdrawn;

(

c) any

order made in respect of the contravention or alleged contravention is void;

and

(

d) any

proceeding, other than a prosecution, respecting the contravention or alleged

contravention is terminated.

Compliance

orders

(2) Clause

(1) (

c) does not apply with respect to an order issued under

section 39.

Notices

of contravention

(3) This

section does not apply with respect to a notice of contravention.

Payment

by officer

(4) If

a compliance officer receives money for a worker under this section, the

officer may pay it directly to the worker or to the Director in trust.

Same

(5) If

money is paid in trust to the Director under subsection (4), the Director shall

pay it to the worker.

Administrative

costs

(6) If

the settlement concerns an order to pay, the Director is, despite clause (1)

(c), entitled to be paid,

(

a) that

proportion of the administrative costs that were ordered to be paid that is the

same as the proportion of the amount of payment or compensation ordered to be

paid that the worker is entitled to receive under the settlement; and

(

b) that

proportion of the collector’s fees and disbursements that were added to the

amount of the order under subsection 50 (10) that is the same as the proportion

of the amount of payment or compensation ordered to be paid that the worker is

entitled to receive under the settlement.

Restriction

on settlement

(7) No

person shall enter into a settlement that would permit or require that person

or any other person to engage in future contraventions of this Act.

Application

to void settlement

(8) If,

upon application to the Board, the worker demonstrates that the worker entered

into the settlement as a result of fraud or coercion,

(

a) the

settlement is void;

(

b) the

complaint is deemed never to have been withdrawn;

(

c) any

order made in respect of the contravention or alleged contravention is

reinstated; and

(

d) any

proceedings respecting the contravention or alleged contravention that were

terminated shall be resumed.

Review

(1) A person

against whom an order has been issued under

section 33, 34, 36, 37 or 39 is

entitled to a review of the order by the Board if, within the period set out in

subsection (4), the person,

(

a) applies

to the Board in writing for a review;

(

b) in

the case of an order under

section 33, pays the amount owing under the order to

the Director in trust or provides the Director with an irrevocable letter of

credit acceptable to the Director in that amount; and

(

c) in

the case of an order under

section 34, pays the lesser of the amount owing

under the order and $10,000 to the Director in trust or provides the Director

with an irrevocable letter of credit acceptable to the Director in that amount.

Worker

seeks review of order

(2) If

an order has been issued under

section 33 or 34 with respect to a worker, the

worker is entitled to a review of the order by the Board if, within the period

set out in subsection (4), the worker applies to the Board in writing for a

review.

Worker

seeks review of refusal

(3) If

a worker has filed a complaint alleging a contravention of this Act or the

regulations and an order could be issued under

section 33, 34 or 39 with

respect to such a contravention, the worker is entitled to a review of a compliance

officer’s refusal to issue such an order if, within the period set out in

subsection (4), the worker applies to the Board in writing for such a review.

Period

for applying for review

(4) An

application for a review under subsection (1), (2) or (3) shall be made within

30 days after the day on which the order, letter advising of the order or

letter advising of the refusal to issue an order, as the case may be, is

served.

Extension

of time

(5) The

Board may extend the time for applying for a review under this

section if it

considers it appropriate in the circumstances to do so and, in the case of an

application under subsection (1),

(

a) the

Board has inquired of the Director whether the Director has paid to the worker

the payment or compensation that was the subject of the order and is satisfied

that the Director has not done so; and

(

b) the

Board has inquired of the Director whether a collector’s fees or disbursements

have been added to the amount of the order under subsection 50 (10) and, if so,

the Board is satisfied that fees and disbursements were paid by the person

against whom the order was issued.

Hearing

(6) Subject

to subsection (11), the Board shall hold a hearing for the purposes of the

review.

Parties

(7) The

following are the parties to the review:

1. The

applicant for the review of an order.

2. If

the person against whom an order was issued applies for the review, the worker

with respect to whom the order was issued.

3. If

the worker applies for the review of an order, the person against whom the

order was issued.

4. If

the worker applies for a review of a refusal to issue an order under

section

33, 34 or 39, the person against whom such an order could be issued.

5. If

a director of a corporation applies for the review, the applicant and each

director, other than the applicant, on whom the order was served.

6. The

Director.

7. Any

other persons specified by the Board.

Parties

given full opportunity

(8) The

Board shall give the parties full opportunity to present their evidence and

make their submissions.

Practice

and procedure for review

(9) The

Board shall determine its own practice and procedure with respect to a review

under this section.

Rules

of practice

(10) The

chair of the Board may make rules,

(

a) governing

the Board’s practice and procedure and the exercise of its powers; and

(

b) providing

for forms and their use.

Expedited

decisions

(11) The

chair of the Board may make rules to expedite decisions about the Board’s

jurisdiction, and those rules,

(

a) may

provide that the Board is not required to hold a hearing; and

(

b) despite

subsection (8), may limit the extent to which the Board is required to give

full opportunity to the parties to present their evidence and to make their

submissions.

Conflict

with Statutory Powers Procedure Act

(12) If

there is a conflict between the rules made under this

section and the Statutory Powers Procedure Act , the rules under this

section prevail.

Rules

not regulations

(13) Rules

made under this

section are not regulations within the meaning of

Part III

(Regulations) of the Legislation Act, 2006 .

Money

held in trust pending review

(1) This

section applies if money with respect to an order to make payment for an amount

owing or compensation is paid to the Director in trust and the person against

whom the order was issued applies to the Board for a review of the order.

settlement

(2) If

the matter is settled under

section 42 or 46, the amount paid into trust shall,

subject to subsection 42 (6) or 46 (6), be paid out in accordance with the

settlement.

no settlement

(3) If

the matter is not settled under

section 42 or 46, the amount paid into trust

shall be paid out in accordance with the Board’s decision.

Powers

of Board

(1) This

section sets out the Boards powers in a review under

section 43.

Persons

to represent groups

(2) If

a group of parties have the same interest or substantially the same interest,

the Board may designate one or more of the parties in the group to represent

the group.

Quorum

(3) The

chair or a vice-chair of the Board constitutes a quorum for the purposes of

this

section and is sufficient for the exercise of the jurisdiction and powers

of the Board under it.

Posting

of notices

(4) The

Board may require a person to post and to keep posted any notices that the

Board considers appropriate even if the person is not a party to the review.

Same

(5) If

the Board requires a person to post and keep posted notices, the person shall

post the notices and keep them posted in the manner required by the Board.

Powers

of Board

(6) The

Board may, with necessary modifications, exercise the powers conferred on a compliance

officer under this Act and may substitute its findings for those of the officer

who issued the order or refused to issue the order.

Dealing

with order

(7) Without

restricting the generality of subsection (6),

(

a) on

a review of an order, the Board may amend, rescind or affirm the order or issue

a new order; and

(

b) on

a review of a refusal to issue an order, the Board may issue an order or affirm

the refusal.

Labour

relations officer

(8) Any

time after an application for review is made, the Board may direct a labour

relations officer to examine any records or other documents and make any

inquiries it considers appropriate, but it shall not direct a compliance officer

to do so.

Powers

of labour relations officers

(9) Sections

22 and 23 apply with necessary modifications with respect to a labour relations

officer acting under subsection (8).

Payment

or compensation owing

(10) Subsection

(11) applies if, during a review of an order requiring the payment of an amount

owing or compensation or a review of a refusal to issue such an order,

(

a) the

Board finds that a specified amount of payment or compensation is owing; or

(

b) there

is no dispute that a specified amount of payment or compensation is owing.

Interim

order

(11) The

Board shall affirm the order to the extent of the specified amount or issue an

order to the extent of that amount, even though the review is not yet

completed.

Decision

final

(12) A

decision of the Board is final and binding upon the parties to the review and

any other parties as the Board may specify.

Judicial

review

(13) Nothing

in subsection (12) prevents a court from reviewing a decision of the Board

under this section, but a decision of the Board concerning the

interpretation

of this Act shall not be overturned unless the decision is unreasonable.

Settlement

through labour relations officer

(1) The

Board may authorize a labour relations officer to attempt to effect a

settlement of the matters raised in an application for review under

section 43.

Certain

matters not bar to settlement

(2) A

settlement may be effected under this

section even if,

(

a) the

compliance officer who issued the order or refused to issue the order does not

participate in the settlement discussions or is not advised of the discussions

or settlement; or

(

b) the

review under

section 43 has started.

Compliance

orders

(3) A

settlement respecting a compliance order shall not be made if the Director has

not approved the terms of the settlement.

Effect

of settlement

(4) If

the parties to a settlement under this

section do what they agreed to do under

the settlement,

(

a) the

settlement is binding on the parties;

(

b) if

the review concerns an order, the order is void; and

(

c) the

review is terminated.

Application

to void settlement

(5) If,

upon application to the Board, the worker demonstrates that the worker entered

into the settlement as a result of fraud or coercion,

(

a) the

settlement is void;

(

b) if

the review concerned an order, the order is reinstated; and

(

c) the

review shall be resumed.

Distribution

(6) If

the order that was the subject of the application required the payment of money

to the Director in trust, the Director,

(

a) shall

distribute the amount held in trust with respect to payment or compensation in accordance

with the settlement; and

(

b) despite

clause (4) (b), is entitled to be paid,

(

i) that

proportion of the administrative costs that were ordered to be paid that is the

same as the proportion of the amount of payment or compensation ordered to be

paid that the worker is entitled to receive under the settlement, and

(ii) that

proportion of the collector’s fees and disbursements that were added to the

amount of the order under subsection 50 (10) that is the same as the proportion

of the amount of payment or compensation ordered to be paid that the worker is

entitled to receive under the settlement.

Notice

of contravention

(1) If a

compliance officer believes that a person has contravened a provision of this

Act or the regulations, the officer may issue a notice to the person setting

out the officer’s belief and specifying the amount of the penalty for the

contravention.

Amount

of penalty

(2) The

amount of the penalty shall be determined in accordance with the regulations.

Penalty

within range

(3) If

a range has been prescribed as the penalty for a contravention, the compliance officer

shall determine the amount of the penalty in accordance with the prescribed

criteria, if any.

Information

(4) The

notice shall contain or be accompanied by information setting out the nature of

the contravention.

Service

(5) A

notice issued under this

section shall be served on the person in accordance

with

section 64.

Deemed

contravention

(6) The

person shall be deemed to have contravened the provision set out in the notice

if,

(

a) the

person fails to apply to the Board for a review of the notice within the period

set out in subsection 48 (1); or

(

b) the

person applies to the Board for a review of the notice and the Board finds that

the person contravened the provision set out in the notice.

Penalty

(7) A

person who is deemed to have contravened a provision of this Act or the

regulations shall pay to the Minister of Finance the penalty for the deemed

contravention and the amount of any collector’s fees and disbursements added to

the amount under subsection 50 (10).

Same

(8) The

payment under subsection (7) shall be made within 30 days after the day the

notice of contravention was served or, if the notice of contravention is

appealed, within 30 days after the Board finds that there was a contravention.

Publication

re notice of contravention

(9) If

a person, including an individual, is deemed under subsection (6) to have

contravened a provision of this Act or the regulations after having been issued

a notice of contravention, the Director may publish or otherwise make available

to the general public the name of the person, a description of the deemed

contravention, the date of the deemed contravention and the penalty for the

deemed contravention.

Internet

publication

(10) Authority

to publish under subsection (9) includes authority to publish on the Internet.

Disclosure

(11) Any

disclosure made under subsection (9) shall be deemed to be in compliance with

clause 42 (1) (

e) of the Freedom of Information and

Protection of Privacy Act .

Other

means not a bar

(12) A

compliance officer may issue a notice to a person under this

section even

though an order has been or may be issued against the person under

section 33,

34 or 39 or the person has been or may be prosecuted for or convicted of an

offence with respect to the same contravention.

Trade

union

(13) This

section does not apply with respect to a contravention of this Act or the

regulations with respect to a worker who is represented by a trade union.

Director

(14) This

section does not apply with respect to a contravention of this Act or the

regulations by a director or officer of an operator that is a corporation.

Review

of notice of contravention

(1) A person

against whom a notice of contravention has been issued under

section 47 may

dispute the notice if the person makes a written application to the Board for a

review,

(

a) within

30 days after the date of service of the notice; or

(

b) if

the Board considers it appropriate in the circumstances to extend the time for

applying, within the period specified by the Board.

Hearing

(2) The

Board shall hold a hearing for the purposes of the review.

Parties

(3) The

parties to the review are the person against whom the notice was issued and the

Director.

Onus

(4) On

a review under this section, the onus is on the Director to establish, on a

balance of probabilities, that the person against whom the notice of

contravention was issued contravened the provision of this Act indicated in the

notice.

Decision

(5) The

Board may,

(

a) find

that the person did not contravene the provision and rescind the notice;

(

b) find

that the person did contravene the provision and affirm the notice; or

(

c) find

that the person did contravene the provision but amend the notice by reducing

the penalty.

Collector’s

fees and disbursements

(6) If

the Board finds that the person contravened the provision and if it extended

the time for applying for a review under clause (1) (b),

(

a) before

issuing its decision, it shall inquire of the Director whether a collector’s

fees and disbursements have been added to the amount set out in the notice

under subsection 50 (10); and

(

b) if

they have been added to that amount, the Board shall advise the person of that

fact and of the total amount, including the collector’s fees and disbursements,

when it issues its decision.

Parties

given full opportunity

(7) The

Board shall give the parties full opportunity to present their evidence and

make their submissions.

Practice

and procedure for review

(8) The

Board shall determine its own practice and procedure with respect to a review

under this section.

Rules

(9) The

chair of the Board may make rules with respect to a review under this section,

(

a) governing

the Board’s practice and procedure and the exercise of its powers; and

(

b) providing

for forms and their use.

Conflict

with Statutory Powers Procedure Act

(10) If

there is a conflict between the rules made under this

section and the Statutory Powers Procedure Act , the rules under this

section prevail.

Rules

not regulations

(11) Rules

made under this

section are not regulations within the meaning of

Part III

(Regulations) of the Legislation Act, 2006 .

Quorum

(12) The

chair or a vice-chair of the Board constitutes a quorum for the purposes of

this

section and is sufficient for the exercise of the jurisdiction and powers

of the Board under it.

Posting

of notices

(13) The

Board may require a person to post and to keep posted any notices that the

Board considers appropriate even if the person is not a party to the review.

Same

(14) If

the Board requires a person to post and keep posted notices, the person shall

post the notices and keep them posted in the manner required by the Board.

Decision

final

(15) A

decision of the Board is final and binding upon the parties to the review and

any other parties as the Board may specify.

Judicial

review

(16) Nothing

in subsection (15) prevents a court from reviewing a decision of the Board

under this section, but a decision of the Board concerning the

interpretation

of this Act or the regulations shall not be overturned unless the decision is unreasonable.

When

no decision after six months

(1) This

section applies if the Board has commenced a hearing to review an order,

refusal to issue an order or notice of contravention, six months or more have

passed since the last day of the hearing and a decision has not been made.

Termination

of proceeding

(2) On

the application of a party in the proceeding, the chair may terminate the

proceeding.

Re-institution

of proceeding

(3) If

a proceeding is terminated according to subsection (2), the chair shall

considers appropriate.

Collections

Collections

(1) If an

operator, director or other person is liable to make a payment under this Act,

the Director may collect or arrange for the collection of the amount payable in

accordance with the regulations and may exercise such collections powers as are

prescribed.

Director

may authorize collector

(2) The

Director may authorize a collector to exercise those power that the Director

specifies in the authorization to collect amounts owing under this Act.

Same

(3) The

Director may specify the Director’s prescribed collection powers and the

Board’s powers under

section 19 of the Statutory Powers

Procedure Act in an authorization under subsection (2).

Costs

of collection

(4) Despite

clause 22 (

a) of the Collection and Debt Settlement

Services Act , the Director may also authorize the collector to collect a

reasonable fee or reasonable disbursements or both from each person from whom

the collector seeks to collect amounts owing under this Act.

Same

(5) The

Director may impose conditions on an authorization under subsection (4) and may

determine what constitutes a reasonable fee or reasonable disbursements for the

purposes of that subsection.

Exception

re disbursements

(6) The

Director shall not authorize a collector who is required to be registered under

the Collection and Debt Settlement Services Act to

collect disbursements.

Disclosure

(7) The

Director may disclose, or allow to be disclosed, information collected under

the authority of this Act or the regulations to a collector for the purpose of

collecting an amount payable under this Act.

Same

(8) Any

disclosure of personal information made under subsection (7) shall be deemed to

be in compliance with clause 42 (1) (

d) of the Freedom of

Information and Protection of Privacy Act .

Collector’s

powers

(9) A

collector may exercise any of the powers specified in an authorization of the

Director under subsection (2).

Fees

and disbursements part of order

(10) If

a collector is seeking to collect an amount owing under an order or notice of

contravention, any fees and disbursements authorized under subsection (4) shall

be deemed to be owing under and shall be deemed to be added to the amount of

the order or notice of contravention.

Offences and

Prosecutions

Offence

to keep false records

(1) No

person shall make, keep or produce false records or other documents that are

required to be kept under this Act or participate or acquiesce in the making,

keeping or production of false records or other documents that are required to

be kept under this Act.

False

or misleading information

(2) No

person shall provide false or misleading information under this Act.

General

offence

52 A person who

contravenes this Act or the regulations or fails to comply with an order,

direction or other requirement under this Act or the regulations is guilty of

an offence and on conviction is liable,

(

a) if

the person is an individual, to a fine of not more than $50,000 or to

imprisonment for a term of not more than 12 months or to both;

(

b) subject

to clause (c), if the person is a corporation, to a fine of not more than

$100,000; and

(

c) if

the person is a corporation that has previously been convicted of an offence

under this Act,

(

i) if

the person has one previous conviction, to a fine of not more than $250,000,

and

(ii) if

the person has more than one previous conviction, to a fine of not more than

$500,000.

Additional

orders

(1) If an

operator is convicted under

section 52 of contravening

section 13, the court

shall, in addition to any fine or term of imprisonment that is imposed, order

that the operator take specific action or refrain from taking specific action

to remedy the contravention.

Same

(2) Without

restricting the generality of subsection (1), the order made by the court may

require one or more of the following:

1. A

person be paid any amount that is owing to the person.

2. A

person’s access to the operator’s digital platform be reinstated.

3. A

person be compensated for any loss incurred by the person as a result of the

contravention.

Offence

re order for reinstatement

54 A person who fails to

comply with an order issued under

section 53 is guilty of an offence and on

conviction is liable,

(

a) if

the person is an individual, to a fine of not more than $2,000 for each day

during which the failure to comply continues or to imprisonment for a term of

not more than six months or to both; and

(

b) if

the person is a corporation, to a fine of not more than $4,000 for each day

during which the failure to comply continues.

Additional

orders re other contraventions

(1) If an

operator is convicted under

section 52 of contravening a provision of this Act

other than

section 13, the court shall, in addition to any fine or term of

imprisonment that is imposed, assess any amount owing to a worker affected by

the contravention and order the operator to pay the amount assessed to the

Director.

Collection

by Director

(2) The

Director shall attempt to collect the amount ordered to be paid under

subsection (1) and if the Director is successful shall distribute it to the

worker.

Enforcement

of order

(3) An

order under subsection (1) may be filed by the Director in a court of competent

jurisdiction and upon filing shall be deemed to be an order of that court for

the purposes of enforcement.

Offence

re directors’ liability

(1) A

director of a corporation is guilty of an offence if the director,

(

a) fails

to comply with an order of a compliance officer under

section 36 or 37 and has

not applied for a review of that order; or

(

b) fails

to comply with an order issued under

section 36 or 37 that has been amended or

affirmed by the Board on a review of the order under

section 43 or with a new

order issued by the Board on such a review.

Penalty

(2) A

director convicted of an offence under subsection (1) is liable to a fine of

not more than $50,000.

Offence

re permitting offence by corporation

(1) If a

corporation contravenes this Act or the regulations, an officer, director or

agent of the corporation or a person acting or claiming to act in that capacity

who authorizes or permits the contravention or acquiesces in it is a party to

and guilty of the offence and is liable on conviction to the fine or

imprisonment provided for the offence.

Same

(2) Subsection

(1) applies whether or not the corporation has been prosecuted or convicted of

the offence.

Additional

penalty

(3) If

an individual is convicted under this section, the court may, in addition to

any other fine or term of imprisonment that is imposed, assess any amount owing

to a worker affected by the contravention and order the individual to pay the

amount assessed to the Director.

Collection

by Director

(4) The

Director shall attempt to collect the amount ordered to be paid under

subsection (3) and if the Director is successful shall distribute it to the

worker.

prosecution without consent

(5) No

prosecution shall be commenced under this

section without the consent of the

Director.

Proof

of consent

(6) The

production of a document that appears to show that the Director has consented

to a prosecution under this

section is admissible as evidence of the Director’s

consent.

Where

prosecution may be heard

(1) Despite

section 29 of the Provincial Offences Act , the

prosecution of an offence under this Act may be heard and determined by the

Ontario Court of Justice sitting in the area where the accused is resident or

carries on business, if the prosecutor so elects.

Election

to have judge preside

(2) The

Attorney General or an agent for the Attorney General may by notice to the

clerk of the court require that a judge of the court hear and determine the

prosecution.

Publication

re convictions

(1) If a

person, including an individual, is convicted of an offence under this Act, the

Director may publish or otherwise make available to the general public the name

of the person, a description of the offence, the date of the conviction and the

person’s sentence.

Internet

publication

(2) Authority

to publish under subsection (1) includes authority to publish on the Internet.

Disclosure

(3) Any

disclosure made under subsection (1) shall be deemed to be in compliance with

clause 42 (1) (

e) of the Freedom of Information and

Protection of Privacy Act .

Limitation

period

60 No prosecution shall be

commenced under this Act more than two years after the date on which the

offence was committed or alleged to have been committed.

Miscellaneous

Evidentiary Provisions

Copy

constitutes evidence

(1) In a

prosecution or other proceeding under this Act, a copy of an order or notice of

contravention that appears to be made under this Act or the regulations and

signed by a compliance officer or the Board is evidence of the order or notice

and of the facts appearing in it without proof of the signature or office of

the person appearing to have signed the order or notice.

Same

(2) In

a prosecution or other proceeding under this Act, a copy of a record or other

document or an extract from a record or other document that appears to be

certified as a true copy or accurate extract by a compliance officer is

evidence of the record or document or the extracted part of the record or

document and of the facts appearing in the record, document or extract without

proof of the signature or office of the person appearing to have certified the

copy or extract or any other proof.

Certificate

of Director constitutes evidence

(3) In

a prosecution or other proceeding under this Act, a certificate that appears to

be signed by the Director setting out that the records of the Ministry indicate

that a person has failed to make the payment required by an order or a notice

of contravention issued under this Act is evidence of the failure to make that

payment without further proof.

Same,

collector

(4) In

a prosecution or other proceeding under this Act, a certificate shown by a

collector that appears to be signed by the Director setting out any of the

following facts is evidence of the fact without further proof:

1. The

Director has authorized the collector to collect amounts owing under this Act.

2. The

Director has authorized the collector to collect a reasonable fee or reasonable

disbursements or both.

3. The

Director has, or has not, imposed conditions on an authorization described in

paragraph 2 and has, or has not, determined what constitutes a reasonable fee

or reasonable disbursements.

4. Any

conditions imposed by the Director on an authorization described in paragraph

Same,

date of complaint

(5) In

a prosecution or other proceeding under this Act, a certificate that appears to

be signed by the Director setting out the date on which the records of the

Ministry indicate that a complaint was filed is evidence of that date without

further proof.

General

Limitation

period

(1) A

compliance officer shall not issue an order to pay an amount owing or

compensation or a notice of contravention with respect to a contravention of

this Act concerning a worker,

(

a) if

the worker filed a complaint about the contravention, more than two years after

the complaint was filed;

(

b) if

the worker did not file a complaint but another worker with the same operator

did file a complaint, more than two years after the other worker filed the

complaint if the officer discovered the contravention with respect to the worker

while investigating the complaint; or

(

c) if

the worker did not file a complaint and clause (

b) does not apply, more than

two years after a compliance officer commenced an inspection with respect to

the operator for the purpose of determining whether a contravention occurred.

Restriction

on rescission or amendment

(2) A

compliance officer shall not amend or rescind an order to pay an amount owing

or compensation after the last day on which the officer could have issued that

order under subsection (1) unless the operator against whom the order was

issued and the worker with respect to whom it was issued consent to the

rescission or amendment.

Same

(3) A

compliance officer shall not amend or rescind a notice of contravention after

the last day on which the officer could have issued that notice under

subsection (1) unless the operator against whom the notice was issued consents

to the rescission or amendment.

Persons

from Board not compellable

(1) Except

with the consent of the Board, none of the following persons may be compelled

to give evidence in a civil proceeding or in a proceeding before the Board or

another board or tribunal with respect to information obtained while exercising

their powers or performing their duties under this Act:

1. A

Board member.

2. The

registrar of the Board.

3. An

employee of the Board.

Non-disclosure

(2) A

labour relations officer under the Labour Relations Act,

1995 who receives information or material under this Act shall not

disclose it to any person or body other than the Board unless the Board

authorizes the disclosure.

Service

of documents

64 Where service of a

document on a person is required or permitted under this Act, it is

sufficiently served if it is served in accordance with the regulations.

Conflict

65 If a provision of this

Act or the regulations conflicts with a provision of any other Act or

regulation, the provision that provides the greatest right, benefit or

entitlement to workers shall prevail.

Regulations

(1) The

Lieutenant Governor in Council may make regulations for carrying out the

purposes of this Act and, without restricting the generality of the foregoing,

may make regulations,

(

a) prescribing

anything referred to in this Act as prescribed, and respecting any matter that

this Act describes as being provided for in the regulations or that is to be

done in accordance with the regulations;

(

b) defining

any word or expression used in this Act that is not defined in it;

(

c) clarifying

the

definitions of “digital platform”, “digital platform work”, “operator” and

“worker” for the purposes of this Act;

(

d) prescribing

what constitutes a work assignment;

(

e) providing

that this Act, any provision of this Act or a regulation does not apply to a

worker or operator, or to a class of workers or operators, or in specified

circumstances;

(

f) governing

penalties for contraventions for the purposes of subsection 47 (2), and without

restricting the generality of this power,

(

i) establishing

different penalties or ranges of penalties for different types of

contraventions or the method of determining those penalties or ranges,

(ii) specifying

that different penalties, ranges or methods of determining a penalty or range

apply to contraveners who are individuals and to contraveners that are

corporations, or

(iii) prescribing

criteria a compliance officer is required or permitted to consider when

imposing a penalty;

(

g) governing

collections for the purposes of

section 50 and prescribing collection powers

for the purposes of that section, including settlements by collectors and

circumstances in which the Director’s approval is required for settlement by

collectors;

(

h) prescribing

for one or more terms or conditions that apply to operators and workers engaged

in specified digital platform work or one or more requirements or prohibitions

that apply to operators and workers engaged in specified digital platform work;

(

i) providing

that any term, condition, requirement or prohibition prescribed under clause

(

h) applies in place of or in addition to one or more provisions of this Act or

the regulations;

(

j) providing

that a regulation made under clause (

h) or (

i) applies only in respect of

operators and workers that have characteristics specified in the regulation;

(

k) respecting

any matter necessary or advisable to carry out effectively the intent and

purpose of this Act.

Classes

(2) A

regulation made under this

section may be restricted in its application to any

class of worker or operator and may treat different classes of workers or

operators in different ways.

Conditions

(3) A

regulation made under this

section may provide that it applies only if one or

more conditions specified in it are met.

Retroactive

(4) A

regulation is, if it so provides, effective with reference to a period before

it is filed.

Transitional

regulations

(5) 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 this Act.

Conflict

with transitional regulations

(6) In

the event of a conflict between this Act or the regulations and a regulation

made under subsection (5), the regulation made under subsection (5) prevails.

Commencement and Short

Title

Commencement

67 The Act set out in

this

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

68 The

short title of

the Act set out in this

Schedule is the Digital Platform

Workers’ Rights Act, 2022 .

Schedule

EMPLOYMENT STANDARDS ACT, 2000

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

is amended by adding the following

definitions:

“business

consultant” means an individual who provides advice or services to a business

or organization in respect of its performance, including advice or services in

respect of the operations, profitability, management, structure, processes,

finances, accounting, procurements, human resources, environmental impacts,

marketing, risk management, compliance or strategy of the business or organization;

(“conseiller commercial”)

“information

technology consultant” means an individual who provides advice or services to a

business or organization in respect of its information technology systems,

including advice about or services in respect of planning, designing,

analyzing, documenting, configuring, developing, testing and installing the

business or organization’s information technology systems; (“conseiller en

technologie de l’information”)

2 (1) Subsection 3 (5) of the Act is

amended by adding the following paragraph:

11.1 If

the requirements of subsection (7) are met, a business consultant or an

information technology consultant.

(2) Section

3 of the Act is amended by adding the following subsections:

Business

and IT consultants

(7) For

the purposes of paragraph 11.1 of subsection (5), the following are the

requirements that must be met:

1. The

business consultant or information technology consultant provides services

through,

i. a

corporation of which the consultant is either a director or a shareholder who

is a party to a unanimous shareholder agreement, or

ii. a

sole proprietorship of which the consultant is the sole proprietor, if the

services are provided under a business name of the sole proprietorship that is

registered under the Business Names Act .

2. There

is an agreement for the consultant’s services that sets out when the consultant

will be paid and the amount the consultant will be paid, which must be equal to

or greater than $60 per hour, excluding bonuses, commissions, expenses and

travelling allowances and benefits, or such other amount as may be prescribed,

and must be expressed as an hourly rate.

3. The

consultant is paid the amount set out in the agreement as required by paragraph

4. Such

other requirements as may be prescribed.

Rules

re calculation of rate

(8) For

the purposes of paragraph 2 of subsection (7), such other rules as may be

prescribed apply with respect to the calculation of a consultant’s hourly rate

or other compensation.

Section 15

of the Act is amended by adding the following subsection:

Retention

of electronic monitoring policy

(8.2) An

employer shall retain or arrange for some other person to retain copies of

every written policy on electronic monitoring required under

Part XI.1 for three

years after the policy ceases to be in effect.

The Act is amended by adding the following Part:

PART XI.1

WRITTEN POLICY ON ELECTRONIC MONITORING

Written

policy on electronic monitoring

41.1.1

(1) An

employer that, on January 1 of any year, employs 25 or more employees shall,

before March 1 of that year, ensure it has a written policy in place for all

employees with respect to electronic monitoring of employees.

Required

information

(2) The

written policy with respect to electronic monitoring must contain the following

information:

1. Whether

the employer electronically monitors employees and if so,

i. a

description of how and in what circumstances the employer may electronically

monitor employees, and

ii. the

purposes for which information obtained through electronic monitoring may be

used by the employer.

2. The

date the policy was prepared and the date any changes were made to the policy.

3. Such

other information as may be prescribed.

Copy

of policy

(3) An

employer that is required under this

section to have a written policy with

respect to electronic monitoring shall provide a copy of the policy to each of

the employer’s employees within 30 days from the day the employer is required

to have the policy in place or, if an existing policy is changed, within 30

days of the changes being made.

Same,

new employee

(4) An

employer that is required under this

section to have a written policy with

respect to electronic monitoring shall provide a copy of the policy to a new employee

within 30 days of the day the employee becomes an employee of the employer or

within 30 days from the day the employer is required to have the policy in

place, whichever is later.

Same,

assignment employee

(5) An

employer that is a client of a temporary help agency, and that is required

under this

section to have a written policy with respect to electronic

monitoring shall provide an assignment employee assigned to perform work for

the employer with a copy of the policy within 24 hours of the start of the

assignment or within 30 days from the day the employer is required to have the

policy in place, whichever is later.

Complaints

(6) A

complaint under subsection 96 (1) alleging a contravention of this

section may

be made only with respect to subsections (3), (4) and (5) and, for greater

certainty, a person may not file a complaint alleging a contravention of any

other provision of this

section or have such a complaint investigated.

Use

of information

(7) For

greater certainty, nothing in this

section affects or limits an employer’s

ability to use information obtained through electronic monitoring of its

employees.

Transition

(8) Despite

subsection (1), an employer shall,

(

a) have

until the date that is six months after the day the Working

for Workers Act, 2022 receives Royal Assent instead of March 1 to comply

with the requirements of subsection (1); and

(

b) determine

whether it employs 25 employees or more as of the January 1 immediately

preceding the date described in clause (a).

(1) Subsection 50.2 (1) of the Act is amended by striking out “or”

at the end of clause (

b) and by adding the following clause:

(b.1) the

employee is participating in Canadian Armed Forces military skills training; or

(2) Subsection

50.2 (3) of the Act is amended by striking out “six” and substituting “three”.

(3) Subsection

50.2 (4) of the Act is amended by striking out “clause (1) (

a) or (b)” and

substituting “clause (1) (a), (

b) or (b.1)”.

(1) Subsection 141 (1) of the Act is amended by adding the following

paragraphs:

11.0.1 Providing

for exemptions from

Part XI.1, or any provision of it, including providing that

employers are not required to have policies in respect of certain forms of

electronic monitoring in the circumstances specified in the regulation.

11.0.2 Prescribing

one or more terms or conditions of employment related to electronic monitoring

that apply to employers who are subject to

Part XI.1 and their employees or one

or more requirements or prohibitions related to electronic monitoring that

apply to those employers and their employees.

11.0.3 Prescribing

that any term, condition, requirement or prohibition prescribed under paragraph

11.0.2 applies in place of or in addition to one or more provisions of this Act

or the regulations.

(2) Section

141 of the Act is amended by adding the following subsection:

Transitional

regulations

(2.0.3.6) 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, 2022 .

(3) Subsection

141 (2.0.4) of the Act is amended by striking out “or (2.0.3.5)” wherever it

appears and substituting in each case “(2.0.3.5) or (2.0.3.6)”.

(4) Subsection

141 (2.2) of the Act is amended by striking out “or (2.1)” in the portion

before clause (

a) and substituting “(2.0.3.6) or (2.1)”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Act,

2022 receives Royal Assent.

(2) Sections

1 and 2 come into force on January 1, 2023.

Schedule 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

Section 2 of the Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended by adding the following

definition:

“domestic

labour mobility applicant” means an individual who has applied for registration

by a regulated profession in Ontario and is currently registered with a body

that regulates the same profession in a Canadian province or territory other

than Ontario; (“candidat à la mobilité de la main-d’oeuvre nationale”)

Subsection 4 (2) of the Act is amended by striking out “section 10.2 or 27.1”

and substituting “section 9.2, 10.2 or 27.1”.

The Act is amended by adding the following section:

Timely

decisions, responses and reasons — domestic labour mobility applicant

9.1

(1) Despite

sections 8 and 9, the timelines set out in this

section shall apply in respect

of applications for registration from domestic labour mobility applicants.

Acknowledgement

of application

(2) A

regulated profession shall, within 10 business days after receiving an application for registration from a domestic labour

mobility applicant , provide a written acknowledgment of receipt of the

application.

Same

(3) The

written acknowledgment of receipt shall include a statement as to whether the

application includes everything required by the regulated profession in respect

of the application and any other prescribed information.

Registration

decision

(4) A

regulated profession shall, within 30 business days after receiving an

application for registration from a domestic labour mobility applicant and

everything required by the regulated profession in respect of the application, make

a registration decision and provide the applicant with,

(

a) written

communication of the registration decision;

(

b) written

reasons respecting a registration decision,

(

i) to

propose that the applicant not be granted registration,

(ii) to

not grant registration to the applicant, or

(iii) to

grant registration to the applicant subject to conditions; and

(

c) information

respecting the applicant’s rights to any internal review or appeal, including any

applicable procedures and deadlines.

Internal

review or appeal

(5) A

regulated profession shall, within 10 business days after making an internal

review or appeal decision in respect of a domestic labour mobility applicant,

provide the applicant with written communication of the decision made upon the internal

review or appeal and written reasons respecting the decision.

The Act is amended by adding the following section:

Exemption

9.2

(1) A time

limit set out in

section 9.1 does not apply to a regulated profession if the

Minister grants an exemption from the time limit in accordance with the

regulations.

Same

(2) A

regulated profession may apply for an exemption referred to in subsection (1) by

submitting appropriate supporting documentation and providing reasons that an

exemption is necessary.

Same

(3) An

application referred to in subsection (2) shall include the information

prescribed by the regulations, if any, and be submitted in accordance with the

procedures prescribed by the regulations.

Review

of application

(4) The

Fairness Commissioner shall review an application for an exemption and make a

recommendation to the Minister as to whether the exemption should be permitted.

Determination

by Minister

(5) The

Minister shall determine whether to grant the exemption and if so, what

conditions, if any, should apply to the exemption.

(1) Subsection 26 (1) of the Act is amended by adding “Subject to

subsection (1.1)” at the beginning.

(2) Section

26 of the Act is amended by adding the following subsection:

Exception

(1.1) The

Fairness Commissioner shall not make a compliance order in respect of a

contravention of

section 8, 9 or 9.1 if the Fairness Commissioner determines that

any conditions set out in the regulations for the making of the compliance

order have not been met.

Section 27.1 of the Act is repealed and the following substituted:

Compliance

orders, Minister

27.1

(1) Subject

to subsection (2), if the Minister concludes that a regulation or by-law made

by a regulated profession under the Act that governs the regulated profession

includes a Canadian experience requirement contrary to subsection 10.2 (1), the

Minister may make an order requiring the regulated profession to exercise any

power or powers that it has to amend or revoke the regulation or by-law.

Exception

(2) The

Minister shall not make an order in respect of a contravention of subsection

10.2 (1) if the Minister determines that any conditions set out in the

regulations made under this Act for the making of the order have not been met.

(1) Clause 34 (1) (

c) of the Act is repealed and the following

substituted:

(

c) establishing

time limits for compliance with any provision or provisions of this Act, including

establishing a maximum time period within which a regulated profession shall

make registration decisions in respect of applicants other than domestic labour

mobility applicants and establishing a process for granting exemptions from a

time limit;

(2) Subsection

34 (1) of the Act is amended by adding the following clause:

(c.1.1) governing

applications for an exemption from a time limit set out in

section 9.1,

including prescribing procedures for applying for an exemption, and the

information that shall be included in an application;

(3) Subsection

34 (1) of the Act is amended by adding the following clause:

(c.1.2) governing

when the Fairness Commissioner may make a compliance order in respect of a

contravention of

section 8, 9 or 9.1;

(4) Clause

34 (1) (c.4) of the Act is repealed and the following substituted:

(c.4) governing orders that the Minister may

make under

section 27.1, including governing when an order may be made and the procedures

for making an order;

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Act,

2022 receives Royal Assent.

(2) Sections

1, 3 and 5 and subsection 7 (3) come into force on a day to be named by

proclamation of the Lieutenant Governor.

Schedule 4

OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health and Safety Act is amended

by adding the following section:

Naloxone kits

25.2

(1) Where an employer

becomes aware, or ought reasonably to be aware, that there may be a risk of a

worker having an opioid overdose at a workplace where that worker performs work

for the employer, or where the prescribed circumstances exist, the employer

shall,

(

a) provide

and maintain in good condition a naloxone kit in that workplace; and

(

b) comply with any other

prescribed requirements respecting the provision and maintenance of naloxone

kits and the training referred to in subsection (3).

Location

of kit

(2) The

employer shall ensure that, at any time there are workers in the workplace, the

naloxone kit is in the charge of a worker who works in the vicinity of the kit

and who has received the training described in subsection (3).

Training

(3) The

training shall include training to recognize an opioid overdose, to administer

naloxone and to acquaint the worker with any hazards related to the

administration of naloxone, and shall meet such other requirements as may be

prescribed.

Limit

on disclosure

(4) No employer shall disclose to

any person more personal information than is reasonably necessary to comply

with this section.

Employer

duties

(5) For greater certainty, the

employer duties set out in

section 25 apply, as appropriate, with respect to the

administration of naloxone in the workplace.

Definition

(6) In

this section,

“naloxone

kit” means a kit that includes the prescribed contents.

(1) Subsection 66 (1) of the Act is amended by,

(

a) adding

“Subject to subsections (2) and (2.1),” at the beginning; and

(

b) striking

out “$100,000” in the portion after clause (

c) and substituting “$500,000”.

(2) Subsection

66 (2) of the Act is repealed and the following substituted:

Same

(2) If

a corporation is convicted of an offence under subsection (1), the maximum fine

that may be imposed upon the corporation is $1,500,000.

Same

(2.1) A

director or officer of a corporation who contravenes or fails to comply with

section 32 is guilty of an offence and on conviction is liable to a fine of not

more than $1,500,000 or to imprisonment for a term of not more than twelve

months, or to both.

Aggravating

factors

(2.2) Each

of the following circumstances shall be considered an aggravating factor for

the purposes of determining a penalty under this section:

1. The

offence resulted in the death, serious injury or illness of one or more

workers.

2. The

defendant committed the offence recklessly.

3. The

defendant disregarded an order of an inspector.

4. The

defendant was previously convicted of an offence under this or another Act.

5. The defendant has a record of prior

non-compliance with this Act or the regulations.

6. The

defendant lacks remorse.

7. There

is an element of moral blameworthiness to the defendant’s conduct.

8. In

committing the offence, the defendant was motivated by a desire to increase

revenue or decrease costs.

9. After

the commission of the offence, the defendant,

i. attempted

to conceal the commission of the offence from the Ministry or other public

authorities, or

ii. failed

to co-operate with the Ministry or other public authorities.

10. Any

other circumstance that is prescribed as an aggravating factor.

(3) Section

66 of the Act is amended by adding the following subsection:

Additional

orders

(5) If

a person is convicted of an offence under this section, the court may, in

addition to any fine or imprisonment that is imposed, make any prescribed

order.

(1) Clause 67 (2) (

a) of the Act is amended by striking out “a

director” and substituting “an officer or director”.

(2) Clause

67 (2) (

b) of the Act is repealed and the following substituted:

(

b) by

registered letter addressed to an individual or corporation mentioned in clause

(

a) at the last known place of business of the individual or corporation,

Section 69 of the Act is amended by striking out “one year” in the portion

before clause (

a) and substituting “two years”.

Subsection 70 (2) of the Act is amended by adding the following paragraph:

43.1 governing the employer’s obligations

under

section 25.2 respecting the provision and maintenance of naloxone

kits and

the training referred to in subsection 25.2 (3);

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Act,

2022 receives Royal Assent.

(2) Sections

2 to 4 come into force on the later of July 1, 2022 and the day the Working for Workers Act, 2022 receives Royal Assent.

(3) Sections

1 and 5 come into force on a day to be named by proclamation of the Lieutenant

Governor.

Bill 88 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

SCHEDULE 1

DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

The

Schedule enacts the Digital Platform Workers’ Rights Act,

2022 . The purpose of the Act is to establish the following rights for

workers who perform digital platform work:

The

right to information (section 7).

The

right to a recurring pay period and pay day (section 8).

The

right to minimum wage (section 9).

The

right to amounts earned by the worker and to tips and other gratuities (section

10).

The

right to notice of removal from an operator’s digital platform (section 11).

The

right to resolve digital platform work-related disputes in Ontario (section

12).

The

right to be free from reprisal (section 13).

Digital

platform work is defined to mean the provision of for payment ride share,

delivery, courier or other prescribed services by workers who are offered work

assignments by an operator through the use of a digital platform.

The

rest of the Act sets out rules, processes and requirements with respect to

record keeping, director liability, complaints and enforcement, collections,

and offences and prosecutions. Miscellaneous provisions are included addressing

limitation periods and other matters, and related regulation-making powers are

added.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Employment Standards Act, 2000 is amended as

follows:

Section

3 of the Act is amended to provide that the Act does not apply to certain

business and information technology consultants.

2. New

Part XI.1 of the Act imposes a requirement on employers that employ 25 or more

employees to have a written policy with respect to electronic monitoring of

employees.

Section

50.2 of the Act, which governs reservist leaves of absence, is amended to

provide that an employee is entitled to leave under that

section if the