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Bill 6, Jobs and Jabs Act, 2021

Baber, Roman

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Status

Debates

Acts affected

Original

Bill 6 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Employment Standards Act, 2000 to

prohibit employers and persons acting on behalf of an employer from

intimidating, dismissing, placing on leave or otherwise penalizing an employee,

or threatening to do so, because of the employee’s vaccination status or

because the employee refuses to disclose their vaccination status to the

employer. An exception is provided for compliance with the requirements under

the Child Care and Early Years Act, 2014 .

Employment standards officers are required to order the reinstatement of an

employee if the employer is found to have contravened this new reprisal

provision by dismissing or terminating the employment of the employee. The

amendments are deemed to have come into force on September 1, 2021.

Bill 6 2021

Act to amend the Employment Standards Act, 2000 with respect to reprisals respecting

the vaccination status of employees

Her

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

Province of Ontario, enacts as follows:

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

is amended by adding the following definition:

“vaccination

status” means any information respecting any vaccines that have been

administered to an employee; (“statut vaccinal”)

Section 74 of the Act is amended by adding the following subsections:

Reprisal

re: vaccination status prohibited

(1.1) No

employer or person acting on behalf of an employer shall intimidate, dismiss,

place on leave or otherwise penalize an employee or threaten to do so because

of the employee’s vaccination status or because the employee refuses to

disclose their vaccination status to the employer.

Exception

(1.2) Subsection

(1.1) does not apply with respect to compliance with any of the requirements

under the Child Care and Early Years Act, 2014 .

Section 104 of the Act is amended by adding the following subsection:

Reinstatement

mandatory

(1.1) If

the employment standards officer finds that an employer has contravened

subsection 74 (1.1) by dismissing or terminating the employment of an employee,

the officer shall make an order under subsection (1) requiring that the

employee be reinstated in addition to any other remedies described in that

subsection that the officer deems to be appropriate to remedy the contravention.

Commencement

This Act is deemed to have come into force on September 1, 2021.

Short

title

The

short title of this Act is the Jobs and Jabs Act, 2021 .

Date Bill stage Event Outcome Committee

March 3, 2022

Second Reading

Vote

Lost

March 3, 2022

Second Reading

Debated

October 5, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 5, 2021

Committee

Second Reading

March 3, 2022

Mr. Roman Baber, Ms. Peggy Sattler, Mrs. Belinda C. Karahalios, Mr. Deepak Anand, Mr. Rick Nicholls

Lost.

Committee

Third Reading

Royal Assent

Acts affected - Bill 6

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

Employment Standards Act, 2000

Legislative Assembly of Ontario

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