p42 s2 bill 88 b088rep e.pdf

Ontario — Bills

2ND SESSION, 42ND LEGISLATURE, ONTARIO 71 ELIZABETH II, 2022 Bill 88

An Act to enact, amend and repeal various statutes

An Act to enact the Digital Platform Workers’ Rights Act, 2022 and to amend various Acts The Hon. M. McNaughton Minister of Labour, Training and Skills Development Government Bill 1st Reading February 28, 2022 2nd Reading 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Social Policy and as reported to the Legislative Assembly March 10, 2022) (The provisions in this Bill will be renumbered after 3rd Reading)

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 empl oyers 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 gover ns 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 regi stration 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 wo rker performs work for the employer, or where the prescribed circumstances exist. Various amendments are made to the Act in respect of fines ap plicable 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.

ii

SCHEDULE 5 TRADITIONAL CHINESE MEDICINE REPEAL ACT, 2022 The Traditional Chinese Medicine Act, 2006 is repealed. The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario is continued as a corporation under the control of an Administrator, who is tasked with its winding up. Provisions are made for various matters arising out of the repeal and continuance. Related amendments are made to various Acts.

Bill 88 2022

An Act to enact, amend and repeal various statutes

An Act to enact the Digital Platform Workers’ Rights Act, 2022 and to amend various Acts CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Di gital Platform Workers’ Rights Act, 2022

Schedule 2 Em ployment Standards Act, 2000

Schedule 3 Fair Access to Re gulated Professions and Compulsory Trades Act, 2006

Schedule 4 Occu pational Health and Safety Act

Schedule 5 Traditional Chinese Medicine Repeal Act, 2022 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 2

(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. 1.

Definitions 2. Pur pose 3. A pplication 4. Se parate persons treated as one operator 5. No contractin g out 6. Civil proceedings not affected WORKER RIGHTS 7. Ri ght to information 8. Ri ght to recurring pay period and pay day 9. Ri ght to minimum wage 10. Ri ght to amounts earned and tips and other gratuities 11. Ri ght to notice of removal 12. Ri ghts re dispute resolution 13. Ri ghts re reprisal RECORD KEEPING 14. Records LIABILITY OF DIRECTORS 15. Definition MINISTER RESPONSIBLE AND DIRECTOR OF DIGITAL PLATFORM WORK 16. Minister res ponsible 17. Directo r 18.

Director ma y reassign an investigation COMPLIANCE OFFICERS — DIGITAL PLATFORM WORK 19. Com pliance officers 20. Powers and duties of officers 21. Officers not com pellable 22. Investi gation and inspection powers 23. Warrant 24. Postin g of notices COMPLAINTS AND ENFORCEMENT 25. Com plaints 26. When com plaint not permitted 27. When civil proceeding not permitted 28. When collective a greement applies 29. If arbitrator finds contravention 30. Arbitration and s. 4 31. Meetin g may be required 32. Time for res ponse 33. Order to pay 34. Order for com pensation 35. Worker cannot be foun d 36.

Order a gainst director, s. 15 37. Further order, s. 15 38. Mone y paid when no review 39. Com pliance order 40. Refusal to issue orde r 41. Time limi t on recovery, worker’s complaint 42. Settlement 43. Review 44. Mone y held in trust pending review 45. Powers of Boar d 46. Settlement throu gh labour relations officer 47. Notice of contravention 48. Review of notic e of contravention 49. When no decision after six months COLLECTIONS 50. Collections OFFENCES AND PROSECUTIONS 51. Offence to kee p false records 52. General offence

3 53. Additional orders 54. Offence re order for reinstatement 55. Additional orders re other contraventions 56. Offence re di rectors’ liabilit y 57. Offence re permitting offence by corporation 58. Where prosecution may be heard 59. Publication re convictions 60. Limitation period MISCELLANEOUS EVIDENTIARY PROVISIONS 61. Co py constitutes evidence GENERAL 62. Limitation period 63. Persons from Board not com pellable 64. Service of documents 65. Conflict 66. Re gulations COMMENCEMENT AND

SHORT TITLE 67. Commencement 68.

Short title

INTERPRETATION, APPLICATION, ETC.

Definitions 1

(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 pr ovision 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 impose d 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

4 (

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 3

(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 On tario 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

Document details

Collection	Ontario — Bills
Citation	p42 s2 bill 88 b088rep e.pdf
Type	bill
Volume / chapter	p42 s2 bill 88 b088rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7402ce1df3d3296eb83c689f0fd2dfd2601aa845

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