Domestic and Sexual Violence Protection Act, 2017 Horwath, Andrea — Bill 157 (41st Parliament, 2nd Session)

Bill 157, 41-2

Ontario — Bills

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Bill 157, Domestic and Sexual Violence Protection Act, 2017

Horwath, Andrea

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Acts affected

Original

[41] Bill 157 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Employment Standards Act, 2000 to

provide that an employee who has been employed by an employer for at least 13

consecutive weeks and who has experienced domestic or sexual violence or the

threat of domestic or sexual violence is entitled to up to 10 days of paid

leave and up to 15 weeks of unpaid leave.

The

Occupational Health and Safety Act is also amended

to require employers to ensure that every supervisor and worker receives

information and instruction about domestic violence in the workplace and sexual

violence in the workplace.

Bill 157 2017

Act to amend the Employment Standards Act, 2000 and the Occupational Health and

Safety Act with respect to domestic and sexual violence

Her

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

Province of Ontario, enacts as follows:

Employment

Standards Act, 2000

The Employment Standards Act, 2000 is amended by

adding the following section:

Domestic

or Sexual Violence Leave

Domestic

or sexual violence leave

Definitions

49.6

(1) In

this section,

"child"

means a child, step-child, foster child or child who is under legal

guardianship, and who is under 18 years of age; ("enfant")

"week"

means a period of seven consecutive days beginning on Sunday and ending on

Saturday. ("semaine")

Entitlement

to paid leave

(2) An

employee who has been employed by an employer for at least 13 consecutive weeks

is entitled to a leave of absence with pay if the employee or a child of the

employee experiences domestic or sexual violence, or the threat of domestic or sexual

violence, and the leave of absence is taken for any of the following purposes:

1. To

seek medical attention for the employee or the child of the employee in respect

of a physical or psychological injury or disability caused by the domestic or

sexual violence.

2. To

obtain services from a victim services organization for the employee or the

child of the employee.

3. To

obtain psychological or other professional counselling for the employee or the

child of the employee.

4. To

relocate temporarily or permanently.

5. To

seek legal or law enforcement assistance, including preparing for or

participating in any civil or criminal legal proceeding related to or resulting

from the domestic or sexual violence.

6. Such

other purposes as may be prescribed.

Length

of paid leave

(3) An

employee is entitled to take, in each calendar year, up to 10 days of paid

leave under subsection (2).

Appropriation

required

(4) The

money required to pay an employee during a leave of absence under subsection

(2) shall be paid out of money appropriated for that purpose by the Legislature.

Entitlement

to unpaid leave

(5) An

employee who has been employed by an employer for at least 13 consecutive weeks

is entitled to a leave of absence without pay if the employee or a child of the

employee experiences domestic or sexual violence, or the threat of domestic or sexual

violence, and the leave of absence is taken for any of the purposes set out in

paragraphs 1 to 6 of subsection (2).

Length

of unpaid leave

(6) An

employee is entitled to take, in each calendar year, up to 15 weeks of leave

under subsection (5).

Advising

employer

(7) An

employee who wishes to take a leave under subsection (2) or (5) shall advise

the employer in writing that the employee will be doing so.

Same

(8) If

an employee must begin a leave under subsection (2) or (5) before advising the

employer, the employee shall advise the employer of the leave in writing as

soon as possible after beginning it.

Exception

(9) Subsections

(2) and (5) do not apply if the domestic or sexual violence is committed by the

employee.

Evidence

(10) An

employer may require an employee who takes a leave under this

section to

provide evidence reasonable in the circumstances of the employee's entitlement

to the leave.

Leave

under ss. 49.1, 49.3, 49.4, 49.5 and 50

(11) An

employee's entitlement to leave under this

section is in addition to any

entitlement to leave under sections 49.1, 49.3, 49.4, 49.5 and 50.

Occupational

Health and Safety Act

The Occupational Health and Safety Act is amended

by adding the following section:

Information

and instruction, domestic and sexual violence

32.0.5.1

employer shall ensure that every supervisor and worker receives information and

instruction about domestic violence in the workplace and sexual violence in the

workplace.

Commencement

and

Short Title

Commencement

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

Short

title

The

short title of this Act is the Domestic and Sexual

Violence Protection Act, 2017 .

Date Bill stage Activity Committee

September 28, 2017

Ordered referred to Standing Committee

Standing Committee on Social Policy

September 28, 2017

Second Reading

Carried on division

September 28, 2017

Second Reading

Debate

September 26, 2017

First Reading

Carried

Debates and Progress

First Reading

September 26, 2017

Committee

Second Reading

September 28, 2017

Ms. Andrea Horwath, Ms. Daiene Vernile, Mr. John Yakabuski, Ms. Peggy Sattler, Mrs. Cristina Martins, Ms. Laurie Scott, Ms. Cindy Forster, Mr. Han Dong, Mr. Bill Walker, Mme France Gelinas, Ms. Catherine Fife, Ms. Andrea Horwath

September 28, 2017

Vote deferred.

September 28, 2017

Carried on recorded division. Referred to the Standing Committee on Social Policy.

Committee

Third Reading

Royal Assent

Acts affected - Bill 157

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

Employment Standards Act, 2000

Occupational Health and Safety Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 157, 41-2
Type	bill
Volume / chapter	p41 s2 bill 157 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a7788133205a470e397673ecb3c89aabc974a845

Source file is stored in the law ingest library (html).