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Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026

Khanjin, Hon. Andrea Minister of Red Tape Reduction

Current status:

Second Reading Ordered for Third Reading

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As Amended by Standing Committee

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Bill 105 As Amended by Standing Committee (PDF)

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Bill is marked to indicate the changes that were made in Committee.

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indicated by underlines for new text and

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______________

EXPLANATORY

NOTE

SCHEDULE 1

EMPLOYMENT STANDARDS ACT, 2000

The

Schedule adds

section 13.1 to the Employment Standards

Act, 2000 to prohibit employers from requiring employees to pay for

uniforms or other prescribed items, or for their repair or laundering, except

in limited circumstances such as loss, damage beyond normal wear and tear or

failure to return items as agreed. Amounts improperly charged are enforceable

as wages owing. Transitional rules address conflicts with existing collective

agreements.

The

Schedule also adds

section 96.1, allowing the Director to assign certain

complaints for inspection and to refuse to assign certain complaints for

investigation or inspection in specified circumstances.

Section

128 is amended to replace the rules for apportioning money collected in

enforcement matters, requiring that employees be paid first and that any

remaining amounts be divided proportionally among the collector, the Director

and the Minister of Finance.

SCHEDULE 2

ENVIRONMENTAL ASSESSMENT ACT

The

Schedule amends the Environmental Assessment Act .

Some highlights include:

Section

15 of the Act is re-enacted to authorize the prescribing of approved class

environmental assessments and to provide that sections 15.1 to 17 apply to

undertakings to which a prescribed approved class environmental assessment

applies.

2. Amendments

section 17.2 provide that, where a

Part II.3 project has more than one

proponent, an application for approval by any one proponent is sufficient, and

corresponding transition rules are added.

3. Sections

17.11 to 17.13 are repealed to remove the requirement for a ministry review of

environmental assessments and the ability for any person to request that an

application be referred to the Tribunal.

Section

17.15 is amended to remove the requirement for Lieutenant Governor in Council

approval of a Minister’s decision. New

section 17.15.1 is added to authorize

the Minister to refer the approval decision to the Lieutenant Governor in

Council.

5. Amendments

section 17.29 provide that, for

Part II.4 projects with multiple proponents,

compliance by one proponent with prescribed requirements for commencement is

sufficient.

6. Various

consequential, transitional and regulation‑making amendments are made

throughout the Act.

SCHEDULE 3

LABOUR RELATIONS ACT, 1995

The

Schedule amends certain timelines set out in the Labour

Relations Act, 1995 relating to the construction industry. Currently,

the Act provides for two-month timelines in which another trade union may apply

to the Board for certification as bargaining agent for employees to whom a

collective agreement applies, and two-month timelines for applying for a

declaration that a trade union no longer represents the employees in a

bargaining unit. The

Schedule amends the Act to provide for one-month timelines

instead.

SCHEDULE 4

MINISTRY OF HEALTH AND LONG-TERM CARE ACT

The

Schedule amends

section 12 of the Ministry of Health and

Long-Term Care Act to add the authority to make regulations governing

the admission of graduates of a medical school outside of Canada to an Ontario

medical residency program, including prescribing processes to prioritize the

admission of graduates who have a connection to Ontario, specifying when a

graduate has a connection to Ontario and defining “medical school outside of

Canada” and “Ontario medical residency program”.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

The

Schedule amends the Occupational Health and Safety Act

to permit the Chief Prevention Officer to collect personal information about

workers’ exposure to a physical, chemical or biological agent for the purpose

of maintaining a worker occupational exposure registry and other purposes.

The

Act is amended to provide that, in certain circumstances, the Minister may

recognize standards for training, personal protective equipment and other

equipment that comply with requirements in another Canadian jurisdiction or the

requirements under an agreement between Ontario and another Canadian

jurisdiction.

The

Minister is authorized to reimburse such employers and constructors as may be

prescribed for the cost of purchasing such protective headwear as may be

prescribed.

Related

and consequential amendments are made.

SCHEDULE 6

OMBUDSMAN ACT

Subsection

2 (3) of the Ombudsman Act is re-enacted to provide

that an order by the Assembly to appoint the Ombudsman can be made only if two

conditions are met, the first being that the person to be appointed is

selected by unanimous agreement of a panel composed of one member of the

Assembly from each recognized party and chaired by the Speaker who is a

non-voting member, unless decided otherwise by unanimous consent of the Assembly.

SCHEDULE 7

RETIREMENT HOMES ACT, 2010

The

Schedule amends the Retirement Homes Act, 2010 .

Currently,

section 12 of the Act provides that the Lieutenant Governor in Council has

authority to appoint directors to the board of the Retirement Homes Regulatory

Authority. Amendments are made to this

section to transfer the authority to

appoint directors to the Minister. Further amendments are made to this

section

to require the Minister to set out the term of any such appointment in the

appointment itself and to provide that a director appointed to the board by the

Minister holds office at the pleasure of the Minister.

Currently,

section 75 of the Act requires suspicions of the occurrence of certain

incidents involving residents of a retirement home be reported to the Registrar

if they are based on reasonable grounds. Subsection 75 (3) of the Act provides

that certain categories of persons, such as legally qualified medical

practitioners, are required to report such suspicions even if information that

would need to be reported is confidential or privileged. The subsection is

amended to remove reference to a category of healthcare practitioners under the

now repealed Drugless Practitioners Act and to

enable regulations to be made to prescribe additional categories of persons for

the purposes of the subsection.

SCHEDULE 8

STRENGTHENING TALENT AGENCY REGULATION ACT, 2026

The

Schedule enacts the Strengthening Talent Agency Regulation

Act, 2026 .

The

Act defines key terms, sets out its application and confirms that rights under

the Act cannot be waived. It provides that related or associated businesses may

be treated as a single talent agency.

The

Act prohibits talent agencies from charging fees to entertainment workers,

except for prescribed commissions and any other prescribed fees. It limits the

amount of commission that may be charged and requires talent agencies to

provide written statements to entertainment workers and retain related records.

The Act also sets out rules for handling compensation received on behalf of

entertainment workers, including requirements to deposit funds in a dedicated

account and to remit payments to workers within specified timelines.

The

Act assigns responsibility for administration to the Minister and provides for

the appointment of a Director of Talent Agencies and compliance officers. It

sets out their powers, including the authority to conduct inspections and

investigations, enter business locations (with limits for dwellings), require

records, question individuals and issue orders to address contraventions.

The

Act establishes complaint procedures, including criteria for accepting or

refusing complaints, the power to require meetings or evidence from parties,

and the ability to make orders requiring repayment of fees or payment of monies

owed. It sets out directors’ liability, time limits for issuing orders and

rules for circumstances where affected workers cannot be located. The Act also

provides authority for the Director to seek injunctions and issue notices of

contraventions.

The

Act includes processes for reviewing orders and notices of contravention before

the Ontario Labour Relations Board, including rules respecting hearings,

procedures, the Board’s powers on review and the role of labour relations

officers in facilitating settlements. It also addresses the handling of monies

paid into trust pending review.

The

Act authorizes collection activities, including the appointment of collectors

and the addition of administrative costs and certain collector fees to amounts

owing. It contains offence provisions and establishes penalties for

contraventions by individuals and corporations, including enhanced penalties

for repeat corporate offenders. Additional orders may be imposed on conviction

to require payment of amounts owing to entertainment workers.

The

Act includes evidentiary, confidentiality and service of documents provisions

to support enforcement and administrative processes. It also authorizes the

Lieutenant Governor in Council to make regulations governing matters such as

exemptions, notices of contraventions, collections and

definitions.

SCHEDULE 9

WORKPLACE SAFETY AND INSURANCE ACT, 1997

The

Schedule amends the Workplace Safety and Insurance Act,

1997 . Some of the amendments allow the Workplace Safety and Insurance

Board to pay benefits to a worker after the worker reaches the age of 65. The

new subsection 43 (1.1) allows certain workers to request that the Board

determine whether the worker is likely to be working in suitable and available

employment or business past 65 years of age and, if so, the day on which the

worker is likely to cease this work. The new subsection 43 (1.2) similarly allows

certain workers that were 63 years of age or older on the date of injury to

request that the Board determine whether the worker is likely to be working in

suitable and available employment or business past the day that is two years

after the date of the injury and, if so, the day on which the worker is likely

to cease this work. Clauses 43 (1) (

b) and (

c) are repealed and replaced so

that if the Board determines a day with respect to a worker under the new

subsections 43 (1.1) and (1.2), the worker is entitled to payments under

section 43 until the earlier of when their loss of earnings ceases and that

day. Consequential amendments are made to other sections that reference payment

of benefits until 65 years of age.

Other

amendments to

section 43 of the Act prospectively increase the loss of earnings

benefit rate from 85 per cent to 90 per cent of the difference between the

worker’s pre-injury net average earnings and post-injury net average earnings.

Similar amendments are made with respect to survivor’s benefits under

section

48 of the Act. Consequential amendments are made to

section 45 of the Act,

which governs payments for loss of retirement income.

Currently,

section 44 of the Act provides that the Board may not review payments to a

worker for loss of earnings more than 72 months after the date of the worker’s

injury. That

section is amended to apply to workers whose date of injury is

more than 72 months before the amendment comes into force. The new

section 44.1

applies to workers whose date of injury is 72 months before the amendment comes

into force or later and allows the Board to review payments at any time after

the amendment comes into force in accordance with the prescribed maximum

frequency, if any, or with such frequency as it determines is appropriate. The

Board may also review payments if a material change in circumstances occurs.

Part

I of

Schedule 1 of Ontario Regulation 175/98 made under the Act sets out

classes of industries in which employers are subject to the insurance plan. The

new

section 74.1 provides that residential care facilities operated by a

private employer and group homes are deemed to be included in that Part.

Bill 105 2026

Act to enact the Strengthening Talent Agency Regulation Act, 2026 and to amend

various Acts

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Employment

Standards Act, 2000

Schedule 2

Environmental

Assessment Act

Schedule 3

Labour

Relations Act, 1995

Schedule 4

Ministry

of Health and Long-term Care Act

Schedule 5

Occupational

Health and Safety Act

Schedule 6

Ombudsman

Act

Schedule 7

Retirement

Homes Act, 2010

Schedule 8

Strengthening

Talent Agency Regulation Act, 2026

Schedule 9

Workplace

Safety and Insurance Act, 1997

Preamble

The

Government of Ontario is committed to:

Making Ontario the most

competitive jurisdiction in the G7 to invest, create jobs and do business by

cutting red tape and lowering cost for businesses and workers.

Expanding

worker protections and benefits, and harmonizing requirements to facilitate

interprovincial labour mobility across Canada.

Supporting

Ontario’s health workforce by increasing access to medical education for

Ontarians.

Modernizing

and streamlining processes for government approvals to improve timelines for

decision making on infrastructure projects in Ontario.

Reinforcing

the delivery of high-quality French language services by making proficiency in

Therefore,

His 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 of its provisions are to come into

force on a day to be named by order of the Lieutenant Governor in Council, an

order may apply to one or more of those provisions, and orders may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 .

SCHEDULE 1

EMPLOYMENT STANDARDS ACT, 2000

The Employment Standards Act, 2000 is amended by

adding the following section:

charges for uniforms

13.1

(1) An

employer shall not, directly or indirectly, require an employee to pay for a

uniform or for any other prescribed item that the employee is required to wear

while performing work, unless,

(

a) the

employee loses the uniform or other prescribed item;

(

b) the

employee damages the uniform or other prescribed item in a manner that exceeds

normal wear and tear;

(

c) the

employee and employer agree that the employee is to return the uniform or other

prescribed item when the employee’s employment ends and the employee fails to

do so; or

(

d) any

other prescribed circumstances exist.

charges for repair or laundering

(2) If

an employer repairs or launders a uniform or any other prescribed item, or

arranges for another person to do so, the employer shall not, directly or

indirectly, require an employee to pay for the repair or laundering, unless,

(

a) the

employee damages the uniform or other prescribed item in a manner that exceeds

normal wear and tear; or

(

b) any

other prescribed circumstances exist.

Enforcement

(3) If

an employer contravenes subsection (1) or (2), the amount paid for the uniform

or other prescribed item or for the repair or laundering of the uniform or

other prescribed item is a debt owing to the employee and is enforceable under

this Act as if it were wages owing to the employee.

Deductions,

etc.

(4) Subsection

13 (3) does not apply in respect of,

(

a) an

amount paid for a uniform or other prescribed item, unless a circumstance set

out in subsection (1) exists; or

(

b) an

amount paid for the repair or laundering of a uniform or other prescribed item,

unless a circumstance set out in subsection (2) exists.

Transition

— collective agreements

(5) If

a collective agreement that is in effect on the transition date contains a

provision that addresses charges described in subsection (1) or (2) and there

is a conflict between the provision of the collective agreement and this

section, the provision of the collective agreement prevails.

Same

— expiry of agreement

(6) Following

the expiry of a collective agreement described in subsection (5), if the

provision that addresses charges described in subsection (1) or (2) remains in

effect, subsection (5) continues to apply to that provision, with necessary

modifications, until a new or renewal agreement comes into effect.

Same

— renewed or new agreement

(7) Subsection

(5) does not apply to a collective agreement that is made or renewed on or

after the transition date.

Definitions

(8) In

this section,

“transition

date” means the day

section 1 of

Schedule 1 to the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 comes into force; (“date

de transition”)

“uniform”

means, subject

to the regulations, attire that is unique to an employer’s business or that is

identified with an employer’s business, and may include clothing bearing an

employer’s name, logo or brand. (“uniforme”)

The Act is amended by adding the following section:

Inspection

of certain complaints

96.1

(1) The

Director may assign a complaint filed under

section 96 in respect of any of the

following provisions to an employment standards officer to perform an

inspection for the purpose of determining whether the provision is being

complied with:

Section

8.2, 8.3, 8.4, 8.5, 8.6 or 21.1.2.

2. Subsection

41.1.1 (3), (4) or (5).

Section

74.1.1, 74.1.2, 74.1.3, 74.1.7, 74.1.8, 74.1.9, 74.1.11 or 74.1.13.

4. Any

other prescribed provision.

Investigations

(2) Nothing

in subsection (1) prevents the Director from assigning a complaint filed under

section 96 to an employment standards officer to investigate a possible

contravention.

Refusal

(3) The

Director may refuse to assign a complaint filed under

section 96 to an

employment standards officer for investigation or inspection if the Director is

satisfied that,

(

a) the

complaint is frivolous, vexatious or an abuse of process;

(

b) there

is insufficient information to substantiate the complaint; or

(

c) any

other prescribed criteria have been met.

Director’s

authorization

(4) The

Director may authorize an individual employed in the Ministry to exercise a

power conferred on the Director under this section, either orally or in

writing.

Residual

powers

(5) The

Director may exercise a power conferred on the Director under this

section even

if the Director has authorized an individual to exercise it under subsection

(4).

Duty

re policies

(6) An

individual authorized by the Director under subsection (4) shall follow any

policies established by the Director under subsection 88 (2).

(1) Subsection 128 (3) of the Act is repealed.

(2) Subsection

128 (4) of the Act is repealed and the following substituted:

Apportionment

of money collected

(4) If

the money collected is less than the full amount owing to all persons,

including the collector, the Director and the Minister of Finance, the money

shall be apportioned among those to whom it is owing and paid to them in

accordance with the following rules:

1. If

the money collected is sufficient to pay each employee the amount to which they

are entitled under this Act, the collector shall pay each employee that amount.

2. If

the money collected is not sufficient to pay each employee the amount to which

they are entitled under this Act, the money shall be apportioned among the

employees in proportion to the amounts owing to them and the collector shall

pay each employee their apportioned amount.

3. If,

after the amounts are paid under paragraph 1, additional money remains, the

remaining money shall be apportioned among the following persons in proportion

to the amounts owing to them and the collector shall pay each person their

apportioned amount:

i. The

collector.

ii. The

Director.

iii. The

Minister of Finance.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protecting Ontario’s

Workers and Economic Resilience Act, 2026 receives Royal Assent.

(2) Section

1 comes into force on January 1, 2027.

(3) Section

3 comes

into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 2

ENVIRONMENTAL ASSESSMENT ACT

Section 15 of the Environmental Assessment Act is

repealed and the following substituted:

Application

of Part

Sections

15.1 to 17 apply in respect of an undertaking to which a prescribed approved

class environmental assessment applies.

Subsection 15.1.3 (1) of the Act is amended by striking out “listed in” and

substituting “prescribed for the purposes of”.

(1) Subsection 15.3 (3) of the Act is repealed.

(2) Subsection

15.3 (4) of the Act is repealed.

(1) Subsection 17.2 (1) of the Act is repealed and the following

substituted:

Approval

for project

(1) A

proponent who wishes to proceed with a

Part II.3 project shall apply to the

Minister for approval to do so.

Multiple

proponents

(1.1) Despite

subsection (1), if a

Part II.3 project has more than one proponent and at least

one of them applies for approval to proceed, no other proponent is required to

apply in respect of the project.

(2) Section

17.2 of the Act is amended by adding the following subsection:

Transition

(2.1) If,

as part of an application, proposed terms of reference were given to the

Ministry under subsection 17.4 (1) before the day subsection 4 (1) of

Schedule 2

to the Protecting Ontario’s Workers and Economic

Resilience Act, 2026 came into force, subsection (1.1) applies in

respect of the application.

(3) Subsections

17.2 (4) to (6) of the Act are repealed and the following substituted:

Prohibition

(4) No

person shall proceed with a

Part II.3 project unless the Minister gives

approval to proceed under

section 17.15, the Lieutenant Governor in Council

gives approval to proceed under

section 17.15.1 or the Tribunal gives approval

to proceed under

section 17.16.

Same

(5) No

person shall proceed with a

Part II.3 project in a manner inconsistent with a

condition imposed by the Minister, the Lieutenant Governor in Council or the

Tribunal for proceeding with it.

Notification

of potential non-compliance

(6) If

approval has been given to proceed with a

Part II.3 project and a change in

circumstances may prevent a proponent from complying with the approval, the

proponent shall promptly notify the Minister.

(1) Subsection 17.4 (4) of the Act is amended by striking out “the

prescribed deadline” and substituting “the prescribed deadline, if any”.

(2) Section

17.4 of the Act is amended by adding the following subsection:

Different

deadlines

(13.1) For

the purpose of subsection (13), different deadlines may be prescribed for

proposed terms of reference in respect of which a matter is referred to

mediation under subsection (12) and for proposed terms of reference in respect

of which no referral is made.

striking out “a proponent” wherever it appears and substituting in each case

“the proponent”.

(2) Subsections

17.7 (7) and (8) of the Act are repealed and the following substituted:

Amendment

or withdrawal

(7) After

submitting the environmental assessment to the Ministry, the proponent may

amend it at any time before the prescribed deadline for amendments or may

withdraw it before the prescribed deadline for withdrawal.

Same

(8) The

proponent may amend or withdraw the environmental assessment after the

applicable deadline referred to in subsection (7) only upon such conditions as

the Minister may by order impose.

Subsection 17.9 (2) of the Act is amended by striking out “during the

preparation of the Ministry review” and substituting “when a decision is made

in respect of the application”.

proponent” and substituting “the proponent”.

Sections 17.11 to 17.13 of the Act are repealed and the following substituted:

Deficient

environmental assessment

17.11

(1) If the

Director considers that the environmental assessment is deficient in relation

to the approved terms of reference and the purpose of this Act, the Director

may, before the prescribed deadline, if any, give the proponent a statement

describing the deficiencies and specifying the date by which the deficiencies

must be remedied.

Remedying

deficiencies

(2) If

the proponent takes steps to remedy the deficiencies set out in the statement,

they shall complete those steps by the date specified in the statement.

Rejection

of environmental assessment

(3) The

Minister may reject the environmental assessment if the Director is not

satisfied that the deficiencies have been remedied by the specified date.

Notice

of rejection

(4) If

the Minister rejects the environmental assessment, the Director shall notify

the proponent, the public and the clerk of each municipality in which the

Part

II.3 project is to be carried out.

(1) Paragraph 3 of subsection 17.14 (3) of the Act is amended by

striking out “or 17.13 (2)” at the end.

(2) Subsection

17.14 (9) of the Act is repealed and the following substituted:

Disclosure

(9) The

Minister shall make the report public promptly after the Minister makes a

decision under

section 17.15, the Minister notifies the proponent of the

Lieutenant Governor in Council’s decision under subsection 17.15.1 (4) or the

decision of the Tribunal under

section 17.16 becomes effective. The Minister

may make all or part of the report public before then only with the consent of

the parties to the mediation.

(1) Subsection 17.15 (1) of the Act is amended by striking out “with

the approval of the Lieutenant Governor in Council or of such ministers of the

Crown as the Lieutenant Governor in Council may designate, the Minister” in the

portion before clause (a).

(2) The

“matters” and substituting “things” in the portion before paragraph 1.

(3) Paragraph

4 of subsection 17.15 (3) of the Act is repealed.

(4) Paragraph

5 of subsection 17.15 (3) of the Act is amended by striking out “subsections 17.9 (2) and 17.13

(2)” and substituting “subsection 17.9 (2)” at the end.

(5) Subsection

17.15 (5) of the Act is repealed and the following substituted:

Notice

to others

(5) The

Minister shall give notice of the decision to every person who submitted

comments to the Ministry under subsection 17.9 (2).

The Act is amended by adding the following section:

Referral

to Lieutenant Governor in Council

17.15.1

(1) The

Minister may refer an application to the Lieutenant Governor in Council for a

decision.

Powers

of Lieutenant Governor in Council

(2) The

Lieutenant Governor in Council may make any decision the Minister is permitted

to make under subsection 17.15 (1).

Basis

for decision

(3) The

Lieutenant Governor in Council shall consider the following things when

deciding an application:

1. The

purpose of this Act.

2. The

approved terms of reference for the environmental assessment.

3. The

environmental assessment.

4. The

comments submitted under subsection 17.9 (2).

5. The

mediator’s report, if any, given to the Minister under

section 17.14.

6. Such

other matters as the Lieutenant Governor in Council considers relevant to the

application.

Notice

to proponent

(4) The

Minister shall notify the proponent of the decision and shall give them the

Lieutenant Governor in Council’s written reasons for the decision.

Notice

to others

(5) The

Minister shall give notice of the decision to every person who submitted

comments to the Ministry under subsection 17.9 (2).

(1) Paragraph 4 of subsection 17.16 (3) of the Act is repealed.

(2) Paragraph

5 of subsection 17.16 (3) of the Act is amended by striking out “subsections 17.9 (2) and 17.13

(2)” and substituting “subsection 17.9 (2)” at the end.

(1) Subsection 17.17 (4) of the Act is repealed.

(2) Paragraph

3 of subsection 17.17 (5) of the Act is repealed.

(3) Paragraph

4 of subsection 17.17 (5) of the Act is amended by striking out “subsections 17.9 (2) and 17.13

(2)” and substituting “subsection 17.9 (2)” at the end.

Section 17.18 of the Act is repealed.

Section 17.19 of the Act is repealed and the following substituted:

Deadline,

Minister’s decisions

17.19

(1) By the

prescribed deadline, the Minister shall determine whether to refer a matter in

connection with an application to mediation under

section 17.14 or to the

Tribunal under

section 17.17.

Same

(2) By

the prescribed deadline, the Minister shall, with respect to an application,

(

a) decide

the application under

section 17.15;

(

b) refer

the application to the Lieutenant Governor in Council for a decision under

section 17.15.1; or

(

c) refer

the application to the Tribunal for a decision under

section 17.16.

Different

deadlines

(3) For

the purpose of subsection (2), different deadlines may be prescribed for

applications in which a matter is referred to mediation under

section 17.14 or

to the Tribunal under

section 17.17 and for applications in which no referral

is made.

Same

(4) If,

before the deadline referred to in subsection 17.7 (7), the

Minister gives the proponent written notice specifying a deadline that differs

from a deadline prescribed for the purposes of subsection (1), the prescribed

deadline does not apply with respect to the proponent’s application and the

deadline specified in the notice applies instead.

Reasons

(5) A

notice given under subsection (4) must include reasons for the deadline

specified in the notice.

Missed

deadline, reasons

(6) If

the Minister has not made a decision under subsection (2) by the prescribed

deadline or by the deadline specified in a notice given under subsection (4),

the Minister shall provide written reasons to the proponent indicating why a

decision was not made and when a decision is expected to be made.

The Act is amended by adding the following section:

Notice

of referral

17.20.1

(1) The

Minister shall notify the proponent and such other persons as the Minister

considers appropriate of a referral made under

section 17.15.1.

Same

(2) The

Minister shall notify the following persons of a referral made under

section

17.16, 17.17 or 17.20:

1. The

proponent.

2. Every

person who submitted comments under subsection 17.9 (2).

3. Such

other persons as the Minister considers appropriate.

Additional

information

(3) A

notification made under subsection (2) in respect of a referral made under

section 17.17 shall include the information given to the Tribunal under

subsection 17.17 (3).

Subsection 17.21 (4) of the Act is amended by striking out “17.13 (2)” at the

end and substituting “17.9 (2)”.

(1) Subsection 17.22 (2) of the Act is amended by striking out “at

any time before the Minister decides the application under

section 17.15” at

the end and substituting “at any time before an application is decided”.

(2) Subsection

17.22 (4) of the Act is amended by striking out “with the necessary approval”.

Section 17.24 of the Act is repealed and the following substituted:

Reconsideration

of decisions

17.24

(1) The

Minister may reconsider an approval to proceed with a

Part II.3 project,

whether the approval was given by the Minister, the Lieutenant Governor in

Council or the Tribunal, if there is a change in circumstances or there is new

information concerning the application and the Minister is of the opinion that

reconsideration is appropriate.

Same

(2) The

Minister may request the Tribunal to determine whether it is appropriate to

reconsider an approval.

Same

(3) The

Minister may request the Lieutenant Governor in Council or the Tribunal to

reconsider an approval given by the Minister, Lieutenant Governor in Council or

the Tribunal.

Minister

may require plans, etc.

(4) For

the purposes of making a decision under this section, the Minister or the

Tribunal may, by order, require the proponent of the

Part II.3 project to

provide plans, specifications, technical reports or other information and to

carry out and report on tests or experiments relating to the

Part II.3 project.

Amendment,

revocation

(5) If

the Minister, Lieutenant Governor in Council or the Tribunal reconsiders an

approval under this section, the approval may be amended or revoked by the body

or person that reconsidered it.

Rules,

etc.

(6) A

decision under this

section shall be made in accordance with any rules and

subject to any restrictions as may be prescribed.

Subsection 17.29 (1) of the Act is repealed and the following substituted:

Commencing

project

(1) No

person shall proceed with a

Part II.4 project until the proponent has satisfied

the prescribed requirements for commencing the project, including the

completion of an environmental assessment process.

Same,

multiple proponents

(1.1) Despite

subsection (1), if a

Part II.4 project has more than one proponent and at least

one of them has satisfied the prescribed requirements for commencing the

project, no other proponent is required to satisfy those requirements.

Subsection 19 (1) of the Act is amended by striking out “any person who under

subsection 17.13 (3) requests the Minister to refer the application to the

Tribunal”.

Section 22 of the Act is amended by striking out “17.13 (2)” and substituting

“17.9 (2)”.

(1) Paragraph 3 of subsection 30 (1.1) of the Act is repealed.

(2) Paragraph

4 of subsection 30 (1.1) of the Act is amended by striking out “subsections

17.9 (2) and 17.13 (2)” and substituting “subsection 17.9 (2)” at the end.

(3) Paragraph

5 of subsection 30 (1.1) of the Act is amended by striking out “the Minister”

and substituting “the Minister, the Lieutenant Governor in Council”.

(1) Subsection 31 (3) of the Act is amended by adding the following

paragraph:

2.1 The

power to refer decisions to the Lieutenant Governor in Council under

section

17.15.1.

(2) Paragraph

4 of subsection 31 (3) of the Act is repealed and the following substituted:

4. The

power under

section 17.24 to reconsider a decision.

Subsection 38.1 (1) of the Act is amended by adding “or

Schedule 2 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026 ”

at the end.

The Act is amended by adding the following section:

Ministry

review, etc., continued

38.7

(1) If,

before the transition date, a proponent submitted an environmental assessment

under

section 17.7 in respect of a

Part II.3 project, the Act, as it read

immediately before the transition date, continues to apply in respect of the

Part II.3 project.

Same

(2) For

greater certainty, any deadlines prescribed in respect of a

Part II.3 project

referred to in subsection (1) continue to apply as they read immediately before

the transition date.

Transition

(3) Despite

subsection (1),

section 17.24, as it read on the transition date, applies in

respect of a

Part II.3 project referred to in subsection (1).

Definition

(4) In

this section,

“transition

date” means the day

section 17.11 is repealed by

section 9 of

Schedule 2 to the

Protecting Ontario’s Workers and Economic Resilience Act,

2026 .

Subsection 40 (2) of the Act is amended by striking out the portion before

clause (

a) and substituting the following:

Same

(2) A

regulation under clause (1) (

a) respecting the environmental assessment process

that must be completed before proceeding with a

Part II.4 project may limit the

assessment to specified environmental impacts, such as impacts on

archaeological resources, and may require persons to,

. . . .

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protecting Ontario’s

Workers and Economic Resilience Act, 2026 receives Royal Assent.

(2) The

following provisions come into force on a day to be named by order of the

Lieutenant Governor in Council:

1. Sections

1, 2 and 3.

2. Subsections

4 (3) and 6 (2).

3. Sections

7, 9 to 20, 22 to 25 and 27.

(3) Section

21 comes into force on the later of the day

section 30 of

Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force and

the day the Protecting Ontario’s Workers and Economic

Resilience Act, 2026 receives Royal Assent.

(4) Section

28 comes into force on the later of the day

section 43 of

Schedule 6 to the COVID-19

Economic Recovery Act, 2020 comes into force and the day the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 receives Royal Assent.

SCHEDULE

LABOUR RELATIONS ACT, 1995

(1) Section 127.3 of the Labour Relations Act,

1995 is repealed and the following substituted:

Application

for certification

127.3

(1) This

section applies if a trade

union and an employer have entered into a collective agreement.

Same

(2) Where

the collective agreement is for a term of not more than three years, another

trade union may apply to the Board for certification as bargaining agent of any

of the employees in the bargaining unit defined in the agreement only after the

commencement of the last month of its operation.

Same

(3) Where

the collective agreement is for a term of more than three years, another trade

union may apply to the Board for certification as bargaining agent of any of

the employees in the bargaining unit defined in the agreement only after the

commencement of the 36th month of its operation and before the commencement of

the 37th month of its operation and during the one-month period immediately

preceding the end of each year that the agreement continues to operate

thereafter or after the commencement of the last month of its operation, as the

case may be.

Same

(4) Where

a collective agreement referred to in subsection (2) or (3) provides that it

will continue to operate for any further term or successive terms if either

party fails to give to the other notice of termination or of its desire to

bargain with a view to renewal, with or without modifications, of the agreement

or to the making of a new agreement, another trade union may apply to the Board

for certification as bargaining agent of any of the employees in the bargaining

unit defined in the agreement during the further term or successive terms only

during the last month of each year that it so continues to operate, or after

the commencement of the last month of its operation, as the case may be.

Transition

(5) Despite

the amendment made by subsection 1 (1) of

Schedule 3 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026 ,

this section, as it read immediately before that amendment came into force,

continues to apply for six months after the amendment comes into force.

(2) Subsection

(1) only applies if subsection 1 (3) of this

Schedule has not come into force.

(3) Section

127.3 of the Act is repealed and the following substituted:

Application

for certification

127.3

(1) This

section applies if a trade union and an employer have entered into a collective

agreement.

Same

(2) Where

the collective agreement is for a term of not more than three years, another

trade union may apply to the Board for certification as bargaining agent of any

of the employees in the bargaining unit defined in the agreement only during

the second last month of its operation.

Same

(3) Where

the collective agreement is for a term of more than three years, another trade

union may apply to the Board for certification as bargaining agent of any of

the employees in the bargaining unit defined in the agreement only after the

commencement of the 35th month of its operation and before the commencement of

the 36th month of its operation and during the second last month immediately

preceding the end of each year that the agreement continues to operate

thereafter or during the second last month of its operation, as the case may

be.

Same

(4) Where

a collective agreement referred to in subsection (2) or (3) provides that it

will continue to operate for any further term or successive terms if either

party fails to give to the other notice of termination or of its desire to

bargain with a view to renewal, with or without modifications, of the agreement

or to the making of a new agreement, another trade union may apply to the Board

for certification as bargaining agent of any of the employees in the bargaining

unit defined in the agreement during the further term or successive terms only

during the second last month of each year that it so continues to operate, or

during the second last month of its operation, as the case may be.

Transition

(5) Despite

the amendment made by subsection 1 (3) of

Schedule 3 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026 ,

this section, as it read immediately before that amendment came into force,

continues to apply for six months after the amendment comes into force.

(4) Subsection

(3) only applies if subsection 1 (1) of this

Schedule has not come into force.

(5) Subsection

127.3 (5) of the Act is repealed.

(1) Section 132 of the Act is repealed and the following

substituted:

Application

for termination

(1) If a trade union does not make a collective

agreement with the employer within six months after its certification, any of

the employees in the bargaining unit determined in the certificate may apply to

the Board for a declaration that the trade union no longer represents the

employees in the bargaining unit.

Same,

agreement

(2) Any

of the employees in the bargaining unit defined in a first agreement between an

employer and a trade union, where the trade union has not been certified as the

bargaining agent of the employees of the employer in the bargaining unit, may

apply to the Board for a declaration that the trade union no longer represents

the employees in the bargaining unit after the 335th day of its operation and

before the 365th day of its operation.

Same,

agreement

(3) Any

of the employees in the bargaining unit defined in a collective agreement other

than a first agreement referred to in subsection (2) may, subject to

section

67, apply to the Board for a declaration that the trade union no longer

represents the employees in the bargaining unit,

(

a) in

the case of a collective agreement for a term of not more than three years,

only after the commencement of the last month of its operation;

(

b) in

the case of a collective agreement for a term of more than three years, only

after the commencement of the 36th month of its operation and before the

commencement of the 37th month of its operation and during the one-month period

immediately preceding the end of each year that the agreement continues to

operate thereafter or after the commencement of the last month of its

operation, as the case may be; and

(

c) in

the case of a collective agreement referred to in clause (

a) or (

b) that

provides that it will continue to operate for any further term or successive

terms if either party fails to give to the other notice of termination or of

its desire to bargain with a view to the renewal, with or without

modifications, of the agreement or to the making of a new agreement, only

during the last month of each year that it so continues to operate or after the

commencement of the last month of its operation, as the case may be.

Transition

(4) Despite

the amendment made by subsection 2 (1) of

Schedule 3 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026 ,

this section, as it read immediately before that amendment came into force,

continues to apply for six months after the amendment comes into force.

(2) Section

132 of the Act is repealed and the following substituted:

Application

for termination

(1) If

a trade union does not make a collective agreement with the employer within six

months after its certification, any of the employees in the bargaining unit

determined in the certificate may apply to the Board for a declaration that the

trade union no longer represents the employees in the bargaining unit.

Same,

agreement

(2) Any

of the employees in the bargaining unit defined in a first agreement between an

employer and a trade union, where the trade union has not been certified as the

bargaining agent of the employees of the employer in the bargaining unit, may

apply to the Board for a declaration that the trade union no longer represents

the employees in the bargaining unit after the 305th day of its operation and

before the 335th day of its operation.

Same,

agreement

(3) Any

of the employees in the bargaining unit defined in a collective agreement other

than a first agreement referred to in subsection (2) may, subject to

section

67, apply to the Board for a declaration that the trade union no longer

represents the employees in the bargaining unit,

(

a) in

the case of a collective agreement for a term of not more than three years,

only during the second last month of its operation;

(

b) in

the case of a collective agreement for a term of more than three years, only

after the commencement of the 35th month of its operation and before the

commencement of the 36th month of its operation and during the second last

month immediately preceding the end of each year that the agreement continues

to operate thereafter or during the second last month of its operation, as the

case may be; and

(

c) in

the case of a collective agreement referred to in clause (

a) or (

b) that

provides that it will continue to operate for any further term or successive

terms if either party fails to give to the other notice of termination or of

its desire to bargain with a view to the renewal, with or without

modifications, of the agreement or to the making of a new agreement, only

during the second last month of each year that it so continues to operate or

during the second last month of its operation, as the case may be.

Transition

(4) Despite

the amendment made by subsection 2 (2) of

Schedule 3 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026 ,

this section, as it read immediately before that amendment came into force,

continues to apply for six months after the amendment comes into force.

(3) Subsection

132 (4) of the Act is repealed.

(1) Subsection 125 (1) of the Act is amended by adding the following

clause:

(j.3) governing

or modifying the application of

section 67 where the time periods in

section

127.3 and 132 are amended;

(2) Section

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

Transitional

regulations

(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

Schedule 3 to the Protecting Ontario’s Workers and

Economic Resilience Act, 2026 .

Conflict

with transitional regulations

(7) In

the event of a conflict between this Act and a regulation made under subsection

(6), the regulation prevails.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on a day to be named by order of the Lieutenant Governor in

Council.

(2) Subsections

1 (2) and (4) come into force on the day the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 receives Royal

Assent.

(3) Subsection

2 (1) comes into force on the day subsection 1 (1) of this

Schedule comes into

force.

(4) Subsections

2 (2) and 3 (1) come into force on the day subsection 1 (3) of this

Schedule

comes into force.

SCHEDULE 4

MINISTRY OF HEALTH AND LONG-TERM CARE ACT

Subsection 12 (1) of the Ministry of Health and Long-Term

Care Act is amended by adding the following clause:

(

i) governing

the admission of graduates of a medical school outside of Canada to an Ontario

medical residency program, including,

(

i) prescribing

processes to prioritize the admission of graduates who have a connection to

Ontario,

(ii) specifying

when a graduate has a connection to Ontario,

(iii) defining

“medical school outside of Canada” and “Ontario medical residency program”.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 receives Royal

Assent.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

Act is amended by striking out “occupational diseases” wherever it

appears and substituting in each case “occupational illnesses”.

(1) The Act is amended by adding the following section:

Protective

headwear reimbursements

21.1

(1) Subject

to subsections (2), (3) and (4), the Minister may reimburse such employers and

constructors as may be prescribed for the cost of purchasing such protective

headwear as may be prescribed.

Eligibility

(2) Prescribed

protective headwear is eligible for reimbursement under subsection (1) only if

it is purchased by the constructor or employer with respect to work performed

on a project in respect of which they are a constructor or employer.

Regulations

(3) The

Lieutenant Governor in Council may make regulations governing reimbursements

under this section, including but not limited to, establishing maximum amounts

for reimbursements and prescribing conditions that must be satisfied in order

for reimbursements to occur.

Minister’s

determinations

(4) The

Minister may determine the form and timing of reimbursements under this

section

and, subject to any regulations made by the Lieutenant Governor in Council

respecting the reimbursements, may specify conditions that must be satisfied in

order for reimbursements to occur.

(2) Section

21.1 of the Act, as enacted by subsection (1), is repealed.

Subsection 22.3 (1) of the Act is amended by adding the following clause:

(b.1) develop

and maintain a worker occupational exposure registry;

(1) Section 22.3.1 of the Act is amended by adding the following

subsection:

Same,

occupational exposure

(1.1) The

Chief Prevention Officer may collect personal information directly from a

worker about the worker’s exposure to a physical, chemical or biological agent

at a workplace, for the purpose of maintaining a worker occupational exposure

registry and for the purposes referred to in subsection (1).

(2) Subsection

22.3.1 (2) of the Act is amended by adding “or (1.1)” after “subsection (1)”.

(3) Subsection

22.3.1 (3) of the Act is amended by adding “or (1.1)” after “subsection (1)”.

(4) Section

22.3.1 of the Act is amended by adding the following subsection:

Same

(4.1) Unless

required to do so by law, the Chief Prevention Officer shall not disclose

personal information collected directly under subsection (1.1) to any person

other than the worker from whom it was collected.

The title of

Part III.1 of the Act is repealed and the following substituted:

PART III.1

APPROVAL OF CODES OF PRACTICE AND INTERJURISDICTIONAL RECOGNITION OF STANDARDS

Subsections 32.2 (2) and (3) of the Act are repealed and the following

substituted:

Minister’s

order – interjurisdictional recognition of standards

(2) Despite

any legal requirement in this Act or the regulations, the Minister may issue an

order recognizing standards for training, personal protective equipment or

other equipment that comply with the requirements in another Canadian

jurisdiction or the requirements under an agreement entered into between

Ontario and another Canadian jurisdiction if the Minister is satisfied that the

standard is appropriate for use in Ontario and provides adequate protection for

the health and safety of workers.

Terms,

conditions

(3) An

approval or recognition order made under this

section may be subject to such

or particular in its application.

Withdrawal

of approval or recognition order

(3.1) The

Minister may withdraw an approval or recognition order made under this section.

Legislation Act, 2006 ,

Part III

(3.2) Part

III (Regulations) of the Legislation Act, 2006 does

not apply with respect to an approval or recognition order made under this

section or the withdrawal of such an approval or recognition order.

Section 32.3 of the Act is repealed and the following substituted:

Publication

of approval or recognition order, etc.

32.3

(1) An approval or recognition order

or a withdrawal of an approval or recognition order shall be published in The Ontario Gazette .

Effect

of publication

(2) Publication

of an approval or recognition order, or of the withdrawal of an approval or

recognition order in The Ontario Gazette ,

(

a) is,

in the absence of evidence to the contrary, proof of the approval, recognition

order or withdrawal; and

(

b) shall

be deemed to be notice of the approval, recognition order or withdrawal to

everyone affected by it.

Judicial

notice

(3) Judicial

notice shall be taken of an approval, recognition order or withdrawal published

in The Ontario Gazette .

The Act is amended by adding the following section:

Effect

of recognition order

32.5 Subject to any terms or

conditions set out in the order, compliance with a standard recognized in an

order made under subsection 32.2 (2) is deemed to be compliance with the legal

requirement specified in the order.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Protecting Ontario’s

Workers and Economic Resilience Act, 2026 receives Royal Assent.

(2) Section

2 comes into force on a day to be named by order of the Lieutenant Governor in

Council.

SCHEDULE 6

OMBUDSMAN ACT

Subsection 2 (3) of the Ombudsman Act is repealed

and the following substituted:

Conditions for appointment

(3) An order shall be made

under subsection (2) only if the person to be appointed,

French; and

(

b) has been selected by unanimous

agreement of a panel composed of one member of the Assembly from each

recognized party and chaired by the Speaker who is a non-voting member, unless

decided otherwise by unanimous consent of the Assembly.

Conditions for appointment

(3) An order shall be made under subsection (2)

only if,

(

a) the person to be appointed is

(

b) unless decided otherwise by

unanimous consent of the Assembly, the person to be appointed has been selected

by unanimous agreement of a panel composed of one member of the Assembly from

each recognized party and chaired by the Speaker who is a non-voting member.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 receives Royal

Assent.

SCHEDULE 7

RETIREMENT HOMES ACT, 2010

(1) Subsection 12 (4) of the Retirement Homes

Act is amended by striking out “Lieutenant Governor in Council” and

substituting “Minister”.

(2) Section

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

Term

of appointment

(4.1) The

Minister shall set out the term of appointment in the appointment of each

person whom the Minister appoints to the board.

Appointments

at pleasure

(4.2) A

director appointed to the board by the Minister holds office at the pleasure of

the Minister during the director’s term.

(3) Subsection

12 (5) of the Act is repealed and the following substituted:

Not

majority

(5) When

exercising either of the powers conferred by subsections (3) and (4), the

Minister shall ensure that the directors appointed by the Minister do not

constitute a majority of the number of directors required to be on the board.

(4) Subsections

12 (6) and (7) of the Act are amended by striking out “Lieutenant Governor in

Council” wherever it appears and substituting in each case “Minister”.

(5) Section

12 of the Act is amended by adding the following subsection:

Transition

to ministerial appointments

(15) Any

director who was appointed to the board by the Lieutenant Governor in Council

under subsection (4) before the day subsection 1 (1) of

Schedule 7 to the Protecting Ontario’s Workers and Economic Resilience Act, 2026

came into force is deemed to have been appointed to the board by the Minister.

Subsection 29 (2) of the Act is amended by striking out “Lieutenant Governor in

Council” at the end and substituting “Minister”.

(1) Subsection 75 (3) of the Act is amended by striking out “a

person mentioned in paragraph 1, 2 or 3” in the portion before paragraph 1 and

substituting “the following persons”.

(2) Paragraphs

2 and 3 of subsection 75 (3) of the Act are repealed and the following

substituted:

2. A

member of the Ontario College of Social Workers and Social Service Workers.

3. Any

other person prescribed by the regulations.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario’s Workers and Economic Resilience Act, 2026 receives Royal

Assent.

SCHEDULE 8

STRENGTHENING TALENT AGENCY REGULATION ACT, 2026

CONTENTS

PART I

INTERPRETATION AND APPLICATION

Definitions

Application

contracting out

Separate

persons treated as one talent agency

Civil

proceedings not affected

PART II

FEES AND COMMISSION

fees charged to entertainment workers

Restrictions

on commission

Compensation

received on behalf of performers, etc.

PART III

WHO ENFORCES THIS ACT AND WHAT THEY CAN DO

Minister

responsible

Director

Compliance

officers

Powers

and duties of officers

Investigation

and inspection powers

Warrant

PART IV

COMPLAINTS AND ENFORCEMENT

Complaints

Definition

Complaints

Inspection

of certain complaints

Reassigning

investigations and inspections

Evidence Gathering

Meeting

may be required

Requirement

to provide evidence, etc.

Compliance

with investigations and inspections

Orders re Fees and Payments

Order

to repay fees

Order

to pay

Time

limit on recovery, worker’s complaint

Worker

cannot be found

Compliance Orders

Compliance

order

Injunction

proceedings

Liability of Directors of

Talent Agencies

Order

against directors

Further

order

Director

liability

Notices of Contravention

Notice

of contravention

Enforcement – General Matters

Limitation

period

Refusal

to issue order

Service

of orders and notices of contravention

Compliance

with orders

Money

paid when no review

Settlement

Settlement

Worker

cannot be found

PART V

REVIEWS OF ORDERS AND NOTICES

Review

of orders

Same,

powers of Board

Review

of notice of contravention

Same,

powers of Board

Rules

of practice

Settlement

through labour relations officer

Money

held in trust pending review

PART VI

COLLECTIONS

Collections

PART VII

OFFENCES AND PROSECUTIONS

General

offence

Additional

orders

Offence

re directors’ liability

Offence

re permitting offence by corporation

Prosecution

of compliance officer

Where

prosecution may be heard

Publication

re convictions

Limitation

period

PART VIII

MISCELLANEOUS

Copy

constitutes evidence

Officers

not compellable

Persons

from Board not compellable

Service

of documents

PART IX

REGULATIONS

Regulations

PART X

COMMENCEMENT

Commencement

Short

title

PART I

INTERPRETATION AND APPLICATION

Definitions

1 In this Act,

“Board”

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

“business

day” means a day from Monday to Friday, other than a holiday as defined in

section 87 of the Legislation Act, 2006 ; (“jour

ouvrable”)

“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”)

“compliance

officer” means a person described in subsection 11 (1); (“agent de conformité”)

“Director”

means the Director of Talent Agencies appointed by the Minister under

subsection 10 (1); (“directeur”)

“entertainment

worker” means a performer and any other prescribed individual who performs work

or supplies services for monetary compensation in the entertainment industry;

(“travailleur du spectacle”)

“labour

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

travail”)

“Minister”

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

such other member of the Executive Council to whom the administration of this

Act is assigned under the Executive Council Act ;

(“ministre”)

“Ministry”

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

“performer”

means, subject to the regulations, an individual who, for monetary

compensation, acts, sings, dances or otherwise performs in any medium and

includes background performers and extras; (“artiste”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

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

“talent

agency” means, subject to the regulations, a person who, for a fee, represents

an entertainment worker who is seeking to perform work or supply services in

the entertainment industry. (“agence artistique”)

Application

2 This Act applies to talent agencies and

entertainment workers.

contracting out

3 No talent agency or entertainment worker shall

contract out of or waive any right provided in this Act and any such

contracting out or waiver is void.

Separate

persons treated as one talent agency

(1) If associated or related

activities or businesses are or were carried on by or through a talent agency

and one or more other persons, the talent agency and those persons shall be

treated as one talent agency for the purposes of this Act.

Businesses

need not be carried on at the same time

(2) Subsection

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

time.

Exception,

individuals

(3) Subsection

(1) 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

(4) Persons

who are treated as one talent agency under this

section are jointly and

severally liable for any contravention of this Act or the regulations and for

any amounts owing to an entertainment worker by any of them.

Civil

proceedings not affected

5 No civil remedy of an entertainment worker

against a talent agency is affected by this Act.

PART II

FEES AND COMMISSION

fees charged to entertainment workers

(1) No talent agency shall, directly

or indirectly, charge a fee to an entertainment worker.

Exception

(2) Subsection

(1) does not apply in respect of a commission described in

section 7 or any

other prescribed fee.

Fees

(3) Except

as otherwise prescribed, a fee referred to in subsection (1) includes an annual

fee, a registration fee and any other fee in respect of representing an

entertainment worker who is seeking to perform work or supply services in the

entertainment industry.

Restrictions

on commission

(1) A talent agency that represents

an entertainment worker shall not charge a commission exceeding the prescribed

amount in respect of work performed or services supplied by the entertainment

worker.

Statements

(2) If

an entertainment worker owes commission to a talent agency, the agency shall,

within the prescribed time period, give the entertainment worker a written

statement setting out the prescribed information.

Retention

(3) A

talent agency shall retain, or arrange for another person to retain, a

statement required under subsection (2) for three years after it is provided to

the entertainment worker.

Availability

(4) A

talent agency shall ensure that the records required to be retained under this

section are readily available as required by a compliance officer, even if the

talent agency has arranged for another person to retain them.

Compensation

received on behalf of performers, etc.

(1) If a talent agency receives

payment for work performed or services supplied by an entertainment worker whom

it represents, the agency shall,

(

a) ensure

the amount of the payment is deposited into a bank account used exclusively for

funds owing to such entertainment workers; and

(

b) unless

the regulations provide otherwise, pay the amount to the entertainment worker

within 10 business days of receiving the payment.

Exception

(2) Despite

subsection (1), a talent agency may deduct any commission charged in accordance

with

section 7 and any other fee prescribed for the purposes of subsection 6

(2) from the payment required to be deposited.

PART III

WHO ENFORCES THIS ACT AND WHAT THEY CAN DO

Minister

responsible

(1) The Minister is responsible for

the administration of this Act.

Delegation

of powers

(2) The

Minister or Deputy Minister may, in writing, delegate to any Ministry employee

any power or duty granted to or vested in the Minister or Deputy Minister under

this Act 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 Ministry employee to be the Director of Talent

Agencies 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 a Ministry employee 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) The

Director may, in writing, delegate to any Ministry employee any power or duty

granted to or vested in the Director under this Act, 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.

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 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 and shall perform the duties

conferred or imposed on compliance officers under this Act.

Officers

to follow policies

(2) A

compliance officer shall follow any policies established by the Director under

subsection 10 (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.

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.

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.

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 13 (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 13 (1) or has been prevented from exercising a power under

subsection 13 (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 13 (1) or will be

prevented from exercising a power under subsection 13 (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 13 (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

13 (4) to (10) 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 13 (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.

PART IV

COMPLAINTS AND ENFORCEMENT

Complaints

Definition

(1) In this

Part and

Part V,

“director”

means a director of a talent agency that is a corporation and includes a

shareholder who is a party to a unanimous shareholder agreement.

Same

(2) For

greater certainty, in this Part and

Part V, “Director” has the same meaning as

section 1.

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 is 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 is deemed not to have been filed.

Inspection

of certain complaints

(1) The

Director may assign a complaint filed under

section 16 in respect of any of the

following provisions to a compliance officer to perform an inspection for the

purposes of determining whether the provision is being complied with:

1. Subsection

7 (2).

2. Clause

8 (1) (a).

3. Any

other prescribed provision.

Investigations

(2) Nothing

in subsection (1) prevents the Director from assigning a complaint filed under

section 16 to a compliance officer to investigate a possible contravention.

Refusal

(3) The

Director may refuse to assign a complaint filed under

section 16 to a

compliance officer for investigation or inspection if the Director is satisfied

that,

(

a) the

complaint is frivolous, vexatious or an abuse of process;

(

b) there

is insufficient information to substantiate the complaint;

(

c) a

proceeding relating to the subject matter of the complaint has been commenced

before, or has been decided by, a court, tribunal, arbitrator or other

adjudicative body; or

(

d) any other prescribed criteria have been met.

Reassigning

investigations and inspections

(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

entertainment 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 by compliance

officers.

Evidence Gathering

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 a talent agency.

2. The

officer, while inspecting a place under

section 13 or 14, comes to have

reasonable grounds to believe that a talent agency has contravened this Act or

the regulations with respect to an entertainment worker.

3. The

officer acquires information that suggests to the officer the possibility that

the talent agency may have contravened this Act or the regulations.

Attendees

(2) Any

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

1. The

entertainment worker.

2. The

talent agency.

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 58.

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 is served with 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 notice referred to in subsection (1) shall include 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 a talent agency has contravened

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

1. If

the talent agency failed to comply with the notice,

i. any

evidence or submissions provided by or on behalf of the talent agency before

the meeting, and

ii. any

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

before or during the meeting.

2. If

the entertainment worker failed to comply with the notice,

i. any

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

before the meeting, and

ii. any

evidence or submissions provided by or on behalf of the talent agency before or

during the meeting.

3. Any

other factors that the officer considers relevant.

Talent

agency includes representative

(11) For

the purposes of subsection (10), if the talent agency is a corporation, a

reference to a talent agency includes a director, employee or agent of the

corporation who was served with a notice requiring them to attend the meeting

or to bring or make available any records or other documents.

Requirement

to provide evidence, etc.

(1) A

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

notice, require an entertainment worker or a talent agency 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 a talent agency.

2. The

officer, while inspecting a place under

section 13 or 14, comes to have

reasonable grounds to believe that a talent agency has contravened this Act or

the regulations.

3. The

officer acquires information that suggests to the officer the possibility that

a talent agency may have contravened this Act or the regulations.

Service

of notice

(2) The

notice shall be served in accordance with

section 58.

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

talent agency has contravened or is contravening this Act or the regulations on

the basis of the following factors:

1. Any

evidence or submissions provided by or on behalf of the talent agency or the

entertainment worker before the notice was served.

2. Any

evidence or submissions provided by or on behalf of the talent agency or the

entertainment worker in response to and within the time specified in the

notice.

3. Any

other factors that the officer considers relevant.

Compliance

with investigations and inspections

(1) 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

(2) 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 that the person knows to be false or

misleading on matters the officer thinks may be relevant to an investigation or

inspection.

Separate

inquiries allowed to be made

(3) 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 13

(6) (e).

Orders re Fees and Payments

Order

to repay fees

(1) If a

compliance officer finds that a talent agency charged a fee to an entertainment

worker in contravention of

section 6, the officer may,

(

a) arrange

with the agency that it repay the amount of the fee directly to the

entertainment worker;

(

b) order

the talent agency to repay the amount of the fee to the entertainment worker;

(

c) order

the talent agency to pay the amount of the fee to the Director in trust.

Contents

of order

(2) A

single order may be issued for more than one entertainment worker, and the

order must include information describing the nature of the amount owing to

each worker or be accompanied by that information.

Administrative

costs

(3) An

order issued under clause (1) (

c) shall also require the talent agency to pay

to the Director an amount for administrative costs equal to the greater of $100

and 10 per cent of the amount owing.

Order

to pay

(1) If a

compliance officer finds that a talent agency has not paid an entertainment

worker in contravention of

section 8, the officer may,

(

a) arrange

with the agency that it pay the amount directly to the entertainment worker;

(

b) order

the talent agency to pay the amount to the entertainment worker; or

(

c) order

the talent agency to pay the amount to the Director in trust.

Contents

of order

(2) A

single order may be issued for more than one entertainment worker, and the

order must include information describing the nature of the amount owing to

each worker or be accompanied by that information.

Administrative

costs

(3) An

order issued under clause (1) (

c) shall also require the talent agency 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.

Time

limit on recovery, worker’s complaint

(1) If an

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

the regulations, the compliance officer investigating the complaint shall not

issue an order under

section 22 or 23 for any amount that became due to the

worker more than two years before the day on which the complaint was filed.

Same,

another worker’s complaint

(2) If,

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

talent agency has contravened this Act or the regulations with respect to an

entertainment worker who did not file a complaint, the officer shall not issue

an order under

section 22 or 23 for any amount that became due to the worker

more than two years before the day on which the complaint was filed.

Same,

inspection

(3) If,

in the course of an inspection, a compliance officer finds that a talent agency

has contravened this Act or the regulations with respect to an entertainment

worker, the officer shall not issue an order under

section 22 or 23 for any

amount that became due to the worker more than two years before the day on

which the inspection commenced.

Worker

cannot be found

(1) If a

compliance officer has arranged with a talent agency or ordered a talent agency

to pay an amount to an entertainment worker under clause 22 (1) (

a) or (

b) or

23 (1) (

a) or (

b) and the talent agency is unable to locate the entertainment

worker despite having made reasonable efforts to do so, the talent agency shall

pay the amount to the Director in trust.

When

money vests in Crown

(2) 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 entertainment worker, the

entertainment worker’s estate or such other person as the Director considers is

entitled to it.

Compliance Orders

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 fees or other monetary

amounts.

Injunction

proceedings

(1) At the

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

section 26

may be restrained upon an application, made without notice, to a judge of the

Superior Court of Justice.

Same

(2) Subsection

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

other remedy or penalty for its contravention.

Liability of Directors of Talent

Agencies

Order

against directors

(1) If a

compliance officer issues an order under this Act against a talent agency for

an amount owing to an entertainment worker, the officer may issue an order for

which directors of the talent agency are liable under

section 30 against some

or all of the directors.

Orders,

insolvent talent agency

(2) A

compliance officer may issue an order for which directors of a talent agency

are liable under

section 30 against some or all of the directors if,

(

a) the

talent agency is insolvent;

(

b) an

entertainment worker has caused a claim for an amount owing to be filed with

the receiver appointed by a court with respect to the talent agency or with the

talent agency’s trustee in bankruptcy; and

(

c) the

claim has not been paid.

Effect

of order

(3) If

a director does not comply with an order issued under this

section or does not

apply to have it reviewed, the order becomes final and binding against the

director even if a review hearing is held to determine another person’s

liability under this Act.

Maximum

liability

(4) Nothing

in this

section shall be construed to increase the maximum liability of a

director beyond the amount, if any, prescribed for the purposes of subsection

30 (6).

Payment

to Director

(5) 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 in trust to the Director.

Further

order

(1) A

compliance officer may issue an order for which directors of a talent agency

are liable under

section 30 against some or all of the directors who were not

the subject of an order under

section 28 if,

(

a) an

amount required to be paid under an order issued under

section 22 or 23 against

the talent agency has not been paid and the talent agency has not applied to

have the order reviewed;

(

b) an

amount required to be paid under an order issued under subsection 28 (1) or

(2) has not been paid and neither the talent agency nor a director has applied to

have the order reviewed;

(

c) the

Board has issued, amended or affirmed an order under

section 40 that, as

issued, amended or affirmed, requires the talent agency or the directors to pay

an amount 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 the amount in trust to the Director.

Director

liability

Application

(1) This

section applies with respect to shareholders described in the definition of

“director” in

section 15 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

(2) 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

(3) 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

(4) The

directors of a talent agency are jointly and severally liable for amounts owing

to an entertainment worker as provided in this

section if,

(

a) the

talent agency is insolvent, the entertainment worker has caused a claim for an

amount owing to the entertainment worker to be filed with the receiver

appointed by a court with respect to the talent agency or with the talent

agency’s trustee in bankruptcy and the claim has not been paid;

(

b) an

amount required to be paid to the entertainment worker under an order issued

under

section 22 or 23 against the talent agency has not been paid and the

talent agency has not applied to have the order reviewed;

(

c) an

amount required to be paid to the entertainment worker under an order issued

under subsection 28 (1) or (2) has not been paid and neither the talent agency

nor a director has applied to have the order reviewed;

(

d) the

Board has issued, amended or affirmed an order under

section 40 that, as

issued, amended or affirmed, requires the talent agency or the directors to pay

an amount to the entertainment worker and the amount set out in the order has

not been paid.

Talent

agency primarily responsible

(5) Despite

subsection (4), the talent agency is primarily responsible for an amount owing

to an entertainment worker but proceedings against the talent agency under this

Act do not have to be exhausted before proceedings may be commenced to collect

amounts owing from directors under this section.

Directors’

maximum liability

(6) The

directors of a talent agency are jointly and severally liable to an

entertainment worker for debts owing under this Act that became payable while

they were directors, not exceeding the prescribed amount, if any.

Contribution

from other directors

(7) A

director who has satisfied a claim for an amount owing to an entertainment

worker is entitled to a contribution in relation to the amount owing from other

directors who are liable for the claim.

Limitation

period

(8) A

limitation period set out in

section 32 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.

(9) 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 the director from liability for

breach of it.

Indemnification

of directors

(10) A

talent agency 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 talent agency if,

(

a) the

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

of the talent agency; 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

(11) 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.

Notices of Contravention

Notice

of contravention

(1) If a

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

Act, 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.

Deemed

contravention

(5) The

person is 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 41 (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

(6) A

person who is deemed to have contravened this Act 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 46

(10).

Same

(7) The

payment under subsection (6) shall be made within 30 days after the day the

notice of contravention was served or, in the case described in clause (5) (b),

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

Publication

re notice of contraventions

(8) If

a person, including an individual, is deemed under subsection (5) to have

contravened this Act after being 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

(9) Authority

to publish under subsection (8) includes authority to publish on the Internet.

Disclosure

(10) Any

disclosure made under subsection (8) is 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

(11) 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 22,

23 or 26 or the person has been or may be prosecuted for or convicted of an

offence with respect to the same contravention.

Director

(12) This

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

director or officer of a talent agency.

Enforcement – General Matters

Limitation

period

(1) A

compliance officer shall not issue an order under

section 22, 23, 28 or 29, or

a notice of contravention under

section 31, with respect to a contravention of

this Act relating to an entertainment worker in any of the following

circumstances:

1. The

entertainment worker filed a complaint in respect of the contravention and more

than two years have elapsed since the day on which the complaint was filed.

2. Another

entertainment worker represented by the same talent agency filed a complaint,

the compliance officer discovered the contravention relating to the

entertainment worker while investigating that complaint and more than two years

have elapsed since the day on which the other entertainment worker filed the

complaint.

3. Paragraphs

1 and 2 do not apply and more than two years have elapsed since the day on

which a compliance officer commenced an inspection of the talent agency 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 issued under

section 22,

23, 28 or 29 or a notice of contravention issued under

section 31 after the

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

subsection (1) unless the talent agency against whom the order was issued and

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

rescission or amendment.

Refusal

to issue order

(1) If,

after a person files a complaint alleging a contravention of this Act in

respect of which an order could be issued under this Part, a compliance officer

assigned to investigate the complaint refuses to issue such an order, the

officer shall, in accordance with

section 58, serve a letter 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 is 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.

Service

of orders and notices of contravention

(1) An order

or notice of contravention issued under this Part shall be served in accordance

with

section 58.

Same

(2) An

order served under subsection 28 (1) shall be accompanied by a copy of the

order against the talent agency.

Notice

to entertainment worker

(3) A

compliance officer who issues an order with respect to an entertainment worker

under this Part shall advise the entertainment worker of its issuance by

serving a letter, in accordance with

section 58, on the entertainment worker.

Compliance

with orders

(1) A person

who is served with an order under this Part shall comply with it according to

its terms.

Effect

of order

(2) If

a person fails to apply under

section 39 for a review of an order issued under

this Part within the time allowed for applying for that review, the order

becomes final and binding against the person.

Money

paid when no review

(1) Money

paid to the Director in accordance with an order issued under

section 22, 23,

28 or 29 shall be paid to each entertainment worker with respect to whom the

order was issued unless an application for review is made under

section 39

within the period required under that section.

Money

distributed rateably

(2) If

the money referred to in subsection (1) is insufficient to pay each

entertainment worker the full amount owing under the order, the Director shall

distribute the money, including any amount received for administrative costs

under subsection 22 (3) or 23 (3), among them in proportion to their

entitlement.

proceeding against Director

(3) No

proceeding shall be instituted against the Director for acting in compliance

with this section.

Settlement

Settlement

(1) Subject

to subsection (8), if an entertainment worker and a talent agency who have

agreed to a settlement respecting a contravention or alleged contravention of

this Act 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 entertainment 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 26.

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 an entertainment worker under this

section, the officer may pay it directly to the entertainment 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 entertainment worker.

Administrative

costs and collector fees

(6) If

the settlement relates to an order issued under clause 22 (1) (

c) or 23 (1) (

c) that included administrative costs or collector’s fees and disbursements, the

Director is, despite clause (1) (c), entitled to the be paid,

(

a) an

amount that is the same proportion of the administrative costs ordered to be

paid as the proportion of the fees or payments that the entertainment worker is

entitled to receive under the settlement; and

(

b) an

amount that is the same proportion of the collector’s fees and disbursements

that were added to the order under subsection 46 (10) as the proportion of the

fees or payments that the entertainment worker is entitled to receive under the

settlement.

Restrictions

on settlements

(7) No

person shall enter into a settlement which 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 entertainment worker demonstrates that they

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;

(

d) any

proceedings respecting the contravention or alleged contravention that were

terminated shall be resumed.

Worker

cannot be found

(1) If a

compliance officer has received money for an entertainment worker under a

settlement but the entertainment worker cannot be located, the money shall be

paid to the Director in trust.

When

money vests in Crown

(2) 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 entertainment worker, the

entertainment worker’s estate or such other person as the Director considers is

entitled to it.

PART V

REVIEWS OF ORDERS AND NOTICES

Review

of orders

(1) A person

against whom an order has been issued under

Part IV is entitled to a review of

the order by the Board if, within 30 days after the day on which the order is

served, the person,

(

a) applies

to the Board in writing for a review; and

(

b) in

the case of an order under clause 22 (1) (

c) or 23 (1) (c), 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.

Entertainment

worker seeks review of order

(2) If

an order has been issued under

section 22 or 23 with respect to an

entertainment worker, the entertainment worker is entitled to a review of the

order by the Board if, within 30 days after the day on which the letter

advising of the order is served, the entertainment worker applies to the Board

in writing for a review.

Entertainment

worker seeks review of refusal

(3) If

an entertainment worker has filed a complaint alleging a contravention of this

Act or the regulations and an order could be issued under

Part IV with respect

to such a contravention, the entertainment worker is entitled to a review of a

compliance officer’s refusal to issue such an order if, within 30 days after

the day on which the letter advising of the refusal is served, the

entertainment worker applies to the Board in writing for such a review.

Extension

of time

(4) 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 enquired of the Director whether collector’s fees or disbursements

have been added to the amount of the order under subsection 46 (10) and, if so,

the Board is satisfied that the fees and disbursements have been paid to the

Director; and

(

b) the

Board has enquired of the Director whether the Director has paid to the

entertainment worker the fees or payment that were the subject of the order and

is satisfied that the Director has not done so.

Hearing

(5) Subject

to subsection 43 (2), the Board shall hold a hearing for the purposes of the

review.

Parties

(6) The

following are 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

entertainment worker with respect to whom the order was issued.

3. If

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

whom the order was issued.

4. If

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

under

Part IV, 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

(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.

Same,

powers of Board

(1) This

section sets out the Board’s powers in a review under

section 39.

Persons

to represent groups

(2) If

a group of parties has 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.

Powers

of Board

(4) 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

(5) Without

restricting the generality of subsection (4),

(

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 officers

(6) 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

(7) Sections

13 and 14 apply with necessary modifications with respect to a labour relations

officer acting under subsection (6).

Decision

final

(8) 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

(9) Nothing

in subsection (8) 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.

Review

of notice of contravention

(1) A person

against whom a notice of contravention has been issued under

section 31 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 46 (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.

Same,

powers of Board

(1) This

section sets out the Board’s powers in a review under

section 41.

Quorum

(2) 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.

Decision

final

(3) 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

(4) Nothing

in subsection (3) 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.

Rules

of practice

(1) 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

(2) 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 39 (7), 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

(3) 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

(4) Rules

made under this

section are not regulations within the meaning of

Part III

(Regulations) of the Legislation Act, 2006 .

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 39.

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 39 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 entertainment worker demonstrates that they

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 shall distribute the amount held in

trust with respect to fees or payments in accordance with the settlement.

Administrative

costs and collector fees

(7) If

the settlement relates to an order including administrative costs or

collector’s fees and disbursements, the Director is, despite clause (4) (b),

entitled to the be paid,

(

a) an

amount that is the same proportion of the administrative costs ordered to be

paid as the proportion of the fees or payments that the entertainment worker is

entitled to receive under the settlement; and

(

b) an

amount that is the same proportion of the collector’s fees and disbursements

that were added to the order under subsection 46 (10) as the proportion of the

fees or payments that the entertainment worker is entitled to receive under the

settlement.

Money

held in trust pending review

(1) This

section applies if money with respect to an order to repay fees or make a

payment 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 37 or 44, the amount paid into trust shall,

subject to subsection 37 (6) or 44 (7), be paid out in accordance with the

settlement.

no settlement

(3) If

the matter is not settled under

section 37 or 44, the amount paid into trust

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

PART VI

COLLECTIONS

Collections

(1) If a

talent agency is liable to repay fees or make a payment under this Act, the

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

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

prescribed.

Director

may authorize collector

(2) The

Director may authorize a collector to exercise those powers 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 owing under this Act.

Same

(8) Any

disclosure of personal information made under subsection (7) is 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 or notice of contravention

(10) If

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

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

deemed to be added to the amount of the order or notice of contravention and

deemed to be owing to the collector.

PART VII

OFFENCES AND PROSECUTIONS

General

offence

47 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 $100,000 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 or a predecessor to it,

(

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 a

talent agency is convicted under

section 47 of contravening a provision of this

Act or the regulations, the court shall, in addition to any fine or term of

imprisonment that is imposed, assess any amount owing to an entertainment

worker affected by the contravention and order the talent agency 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

entertainment 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 is deemed to be an order of that court for the

purposes of enforcement.

Offence

re directors’ liability

(1) A

director of a talent agency is guilty of an offence if the director,

(

a) fails

to comply with an order of a compliance officer under

section 28 or 29 and has

not applied for a review of that order; or

(

b) fails

to comply with an order issued under

section 28 or 29 that has been amended or

affirmed by the Board on a review of the order under

section 39 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.

prosecution without consent

(3) No

prosecution shall be commenced under this

section without the consent of the

Director.

Proof

of consent

(4) 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.

Prosecution

of compliance officer

(1) No

prosecution of a compliance officer shall be commenced with respect to an

alleged contravention of subsection 12 (2) without the consent of the Deputy

Attorney Gen