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Bill 186, Employment Standards Amendment Act (Infectious Disease Emergencies), 2020

McNaughton, Hon. Monte Minister of Labour, Training and Skills Development

Royal Assent received. Statutes of Ontario 2020,

chapter 3

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Royal Assent

Bill 186 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 186 and does not form

part of the law. Bill 186 has been enacted as

Chapter 3 of the Statutes of

Ontario, 2020.

The

Bill amends the Employment Standards Act, 2000 to address

when emergency leave is available to employees in case of infectious disease

emergencies.

The

amendments entitle an employee to a leave of absence without pay, starting on

the prescribed date, if the employee will not be performing the duties of his

or her position because of various reasons related to a designated infectious

disease, including that the employee is under medical investigation,

supervision or treatment; that the employee is in quarantine or isolation; that

the employee is providing care or support to another individual; or that the

employee is affected by travel restrictions. Restrictions on the entitlement

are specified, and related amendments are made addressing the evidence of

entitlement required, when the entitlement ends and the regulation-making

powers.

Bill 186 2020

Act to amend the Employment Standards Act, 2000

Her

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

Province of Ontario, enacts as follows:

Paragraph 10 of subsection 3 (5) of the Employment

Standards Act, 2000 is repealed and the following substituted:

10. A

police officer, except as provided in

Part XVI (Lie Detectors) or in a

regulation made under clause 141 (2.1) (c).

Subsection 15 (7) of the Act is amended by adding the following “or an

infectious disease emergency” after “declared emergency”.

The heading before

section 50.1 of the Act is struck out and the following

substituted:

Emergency

Leave: Declared Emergencies and Infectious Disease Emergencies

(1) Subsection 50.1 (1) of the Act is repealed and the following

substituted:

Emergency

leave: declared emergencies and infectious disease emergencies

(1) In

this section,

“board

of health” has the same meaning as in the Health

Protection and Promotion Act ; (“conseil de santé”)

“designated

infectious disease” means an infectious disease designated by the regulations

for the purposes of this section; (“maladie infectieuse désignée”)

“public

health official” means,

(

a) within

the meaning of the Health Protection and Promotion Act ,

(

i) the

Chief Medical Officer of Health or Associate Chief Medical Officer of Health,

(ii) a

medical officer of health or an associate medical officer of health, or

(iii) an

employee of a board of health, or

(

b) a

publique”)

“qualified

health practitioner” means,

(

a) a

person who is qualified to practise as a physician or nurse under the laws of

the jurisdiction in which care or treatment is provided to the employee or an

individual described in subsection (8), or

(

b) in

the prescribed circumstances, a member of a prescribed class of health

practitioners. (“praticien de la santé qualifié”)

Leave

of absence without pay

(1.1) An employee is entitled to a leave of absence

without pay if the employee will not be performing the duties of his or her

position,

(

a) because

of an emergency declared under

section 7.0.1 of the Emergency

Management and Civil Protection Act and,

(

i) because

of an order that applies to him or her made under

section 7.0.2 of the Emergency Management and Civil Protection Act ,

(ii) because

of an order that applies to him or her made under the Health

Protection and Promotion Act ,

(iii) because

he or she is needed to provide care or assistance to an individual referred to

in subsection (8), or

(iv) because

of such other reasons as may be prescribed; or

(

b) because

of one or more of the following reasons related to a designated infectious

disease:

(

i) The

employee is under individual medical investigation, supervision or treatment

related to the designated infectious disease.

(ii) The

employee is acting in accordance with an order under

section 22 or 35 of

the Health Protection and Promotion Act that

relates to the designated infectious disease.

(iii) The

employee is in quarantine or isolation or is subject to a control measure

(which may include, but is not limited to, self-isolation), and the quarantine,

isolation or control measure was implemented as a result of information or

directions related to the designated infectious disease issued to the public,

in whole or in part, or to one or more individuals, by a public health

official, a qualified health practitioner, Telehealth Ontario, the Government

whether through print, electronic, broadcast or other means.

(iv) The

employee is under a direction given by his or her employer in response to a

concern of the employer that the employee may expose other individuals in the

workplace to the designated infectious disease.

(

v) The

employee is providing care or support to an individual referred to in

subsection (8) because of a matter related to the designated infectious disease

that concerns that individual, including, but not limited to, school or day

care closures.

(vi) The

employee is directly affected by travel restrictions related to the designated

infectious disease and, under the circumstances, cannot reasonably be expected

to travel back to Ontario.

(vii) Such

other reasons as may be prescribed.

(2) Subsections

50.1 (4) and (5) of the Act are repealed and the following substituted:

Evidence

of entitlement, declared emergency

(4) An

employer may require an employee who takes leave under clause (1.1) (

a) to

provide evidence reasonable in the circumstances, at a time that is reasonable

in the circumstances, that the employee is entitled to the leave.

Evidence

of entitlement, infectious disease emergency

(4.1) An

employer may require an employee who takes leave under clause (1.1) (

b) to

provide evidence reasonable in the circumstances, at a time that is reasonable

in the circumstances, that the employee is entitled to the leave, but shall not

require an employee to provide a certificate from a qualified health practitioner

as evidence.

Limit,

declared emergency

(5) An

employee is entitled to take a leave under clause (1.1) (

a) for as long as he

or she is not performing the duties of his or her position because of an

emergency declared under

section 7.0.1 of the Emergency

Management and Civil Protection Act and a reason referred to in subclauses

(1.1) (a) (

i) to (iv), but, subject to subsection (6), the entitlement ends on

the day the emergency is terminated or disallowed.

Limit, infectious disease emergency

(5.1) An

employee is entitled to take a leave under clause (1.1) (

b) starting on the

prescribed date and for as long as,

(

a) he

or she is not performing the duties of his or her position because of a reason

referred to in subclauses (1.1) (b) (

i) to (vii); and

(

b) the

infectious disease is designated by the regulations for the purposes of this

section.

(3) Subsection

50.1 (8) of the Act is repealed and the following substituted:

Care,

assistance, support — specified individuals

(8) Subclauses

(1.1) (a) (iii) and (1.1) (b) (

v) apply with respect to the following

individuals:

1. The

employee’s spouse.

2. A

parent, step-parent or foster parent of the employee or the employee’s spouse.

3. A

child, step-child or foster child of the employee or the employee’s spouse.

4. A

child who is under legal guardianship of the employee or the employee’s spouse.

5. A

brother, step-brother, sister or step-sister of the employee.

6. A

grandparent, step-grandparent, grandchild or step-grandchild of the employee or

the employee’s spouse.

7. A

brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the

employee.

8. A

son-in-law or daughter-in-law of the employee or the employee’s spouse.

9. An

uncle or aunt of the employee or the employee’s spouse.

10. A

nephew or niece of the employee or the employee’s spouse.

11. The

spouse of the employee’s grandchild, uncle, aunt, nephew or niece.

12. A

person who considers the employee to be like a family member, provided the

prescribed conditions, if any, are met.

13. Any

individual prescribed as a family member for the purposes of this section.

(4) Subsection

50.1 (9) of the Act is repealed.

(5) Clause

50.1 (10) (

b) of the Act is amended by striking out

“clause 74 (1) (

a) applies” at the beginning and substituting “clauses 74 (1)

(

a) and 74.12 (1) (

a) apply”.

(1) Section 141 of the Act is amended by adding the following

subsection:

Transitional

regulations

(2.0.3.3) 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 the Employment Standards Amendment Act (Infectious Disease

Emergencies), 2020 .

(2) Subsection

141 (2.0.4) of the Act is amended by striking out “ or

(2.0.3.2) ” wherever it appears and substituting in each case “(2.0.3.2) or

(2.0.3.3)”.

(3) Subsections

141 (2.1), (2.2) and (2.3) of the Act are repealed and the following

substituted:

Regulations

re infectious disease emergencies

(2.1) The

Lieutenant Governor in Council may make regulations,

(

a) designating

an infectious disease for the purposes of

section 50.1;

(

b) prescribing, for the purposes of

subsection 50.1 (5.1), the date on which the entitlement to emergency leave

under clause 50.1 (1.1) (

b) starts or is deemed to have started;

(

c) providing

that

section 50.1 or any provision of it applies to police officers and

prescribing one or more terms or conditions of employment or one or more requirements

or prohibitions respecting emergency leave for infectious disease emergencies

that shall apply to police officers and their employers;

(

d) exempting

a class of employees from the application of

section 50.1 or any provision of

it, and prescribing one or more terms or conditions of employment or one or

more requirements or prohibitions respecting emergency leave for infectious

disease emergencies that shall apply to employees in the class and their

employers;

(

e) providing

that a term, condition, requirement or prohibition prescribed under clause (

c) or (

d) applies in place of, or in addition to, a provision of

section 50.1.

Same,

police officers

(2.1.1) A

regulation made under clause (2.1) (

c) may also provide that subsection 15 (7),

sections 51, 51.1, 52 and 53,

Part XVIII (Reprisal),

section 74.12,

Part XXI

(Who Enforces this Act and What They Can Do),

Part XXII (Complaints and

Enforcement),

Part XXIII (Reviews by the Board),

Part XXIV (Collection),

Part

XXV (Offences and Prosecutions),

Part XXVI (Miscellaneous Evidentiary

Provisions) and

Part XXVII (Regulations) apply to police officers and their

employers for the purposes of

section 50.1.

Regulations

re emergency leaves, declared emergencies, infectious disease emergencies

(2.2) A regulation made under

subsection (2.0.3.3) or (2.1), or a regulation prescribing a reason for the

purposes of subclause 50.1 (1.1) (a) (iv) or (b) (vii) may,

(

a) provide

that it has effect as of the date specified in the regulation;

(

b) provide that an employee who does not

perform the duties of his or her position because of the declared emergency and

the prescribed reason, or because of the prescribed reason related to a

designated infectious disease, as defined in

section 50.1, is deemed to have

taken leave beginning on the first day the employee does not perform the duties

of his or her position on or after the date specified in the regulation; or

(

c) provide

that clauses 74 (1) (

a) and 74.12 (1) (

a) apply, with necessary modifications,

in relation to the deemed leave described in clause (b).

Retroactive

regulation

(2.2.1) A

regulation referred to in subsection (2.2) that specifies a date may specify a

date that is earlier than the day on which the regulation is made.

Regulation

extending leave

(2.3) The

Lieutenant Governor in Council may make a regulation providing that the

entitlement of an employee to take leave under clause 50.1 (1.1) (

a) is

extended beyond the day on which the entitlement would otherwise end under

subsection 50.1 (5) or (6), if the employee is still not performing the duties

of his or her position because of the effects of the declared emergency and

because of a reason referred to in subclause 50.1 (1.1) (a) (i), (ii), (iii) or

(iv).

Repeal

The SARS Assistance and Recovery Strategy Act, 2003

is repealed.

Commencement

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

Short

title

The

short title of this Act is the Employment Standards

Amendment Act (Infectious Disease Emergencies), 2020 .

Date Bill stage Event Outcome Committee

March 19, 2020

Royal Assent

Royal Assent received

March 19, 2020

Third Reading

Vote

Carried

March 19, 2020

Third Reading

Question put

March 19, 2020

Second Reading

Ordered for Third Reading pursuant to the Order of the House

March 19, 2020

Second Reading

Vote

Carried

March 19, 2020

Second Reading

Debated

March 19, 2020

First Reading

Motion to arrange proceedings

March 19, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

March 19, 2020

Motion to Arrange Proceedings

March 19, 2020

Declared carried.

Committee

Second Reading

March 19, 2020

Principal Debaters :

Hon. Monte McNaughton, Ms. Andrea Horwath, Mr. Mike Schreiner, Mr. John Fraser

Declared carried. Ordered for third reading pursuant to the order of the House.

Committee

Third Reading

March 19, 2020

Declared carried.

Royal Assent

Thursday, March 19, 2020

Acts affected - Bill 186

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

SARS Assistance and Recovery Strategy Act, 2003

Legislative Assembly of Ontario

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