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Bill 68, Speaking Out About Workplace Violence and Workplace Harassment Act, 2021

Gélinas, France

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Status

Debates

Acts affected

Original

Bill 68 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Occupational Health and Safety Act .

The provisions of the Act protecting workers against reprisals are amended to

include protections against reprisals against workers who speak out about

workplace violence and workplace harassment. The amendments provide that a

reprisal is any measure taken against a worker that adversely affects the

worker’s employment. Examples of reprisals are provided.

Bill 68 2021

Act to amend the Occupational Health and Safety Act to protect workers who

speak out about workplace violence and workplace harassment

Her

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

Province of Ontario, enacts as follows:

Subsection 50 (1) of the Occupational Health and Safety

Act is repealed and the following substituted:

discipline, dismissal or other forms of reprisal

(1) No

person, including an employer, shall take a reprisal against a worker because

the worker, in good faith,

(

a) acts

or has acted in compliance with this Act or the regulations or an order made

under this Act;

(

b) seeks

or has sought advice about a possible contravention of this Act or the

regulations or the enforcement of this Act or the regulations;

(

c) seeks

or has sought the enforcement of this Act or the regulations;

(

d) assists

or has assisted with the activities of a joint health and safety committee or

health and safety representative;

(

e) seeks

or has sought the establishment of a joint health and safety committee or the

designation of a health and safety representative;

(

f) performs

or has performed the function of a joint health and safety committee member or

occupational health and safety representative;

(

g) refuses

or has refused to perform

an act or series of acts that the worker reasonably

believes violate this Act or the regulations;

(

h) gives

or has given information to a joint health and safety committee, a member of

the joint health and safety committee, a health and safety representative, a

trade union, an inspector or any other person responsible for the

administration of this Act or the regulations;

(

i) makes

a report of workplace violence or workplace harassment or a report of any other

contravention of this Act or the regulations to an employer, supervisor, joint

health and safety committee or member of a joint health and safety committee,

health and safety representative, trade union or inspector;

(

j) participates

in a workplace violence or workplace harassment investigation or in any other

health and safety investigation;

(

k) is

about to testify or has testified or otherwise given evidence in a proceeding

in respect of the enforcement of this Act or the regulations or in an inquest

under the Coroners Act ; or

(

l) provides

information to the public or makes a disclosure or complaint to the public

about workplace violence, workplace harassment or any other possible

contravention of this Act or the regulations.

Same

(1.1) For

the purposes of subsection (1), a reprisal is any measure taken against a

worker that adversely affects the worker’s employment, and includes, without

limiting the generality of the foregoing,

(

a) ending

or threatening to end the worker’s employment;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend, a

worker;

(

c) imposing

or threatening to impose any penalty related to the worker’s employment,

including any penalty such as layoff, transfer, discontinuation or elimination

of a job, change of a job location, reduction in wages or change in hours of

work; or

(

d) intimidating

or coercing a worker in relation to the worker’s employment.

Commencement

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

Short

title

The

short title of this Act is the Speaking Out About

Workplace Violence and Workplace Harassment Act, 2021 .

Date Bill stage Event Outcome Committee

December 6, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 6, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 68

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

Occupational Health and Safety Act

Legislative Assembly of Ontario

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