Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 McGuinty, Hon. Dalton Premier — Bill 2 (39th Parliament, 1st Session)

Bill 2, 39-1

Ontario — Bills

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Bill 2, Fairness for Military Families Act (Employment Standards and Health Insurance), 2007

McGuinty, Hon. Dalton Premier

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Debates

Acts affected

Royal Assent

[39] Bill 2 Royal Assent (PDF)

Bill 2 2007

An Act to amend the

Employment Standards Act, 2000

to provide reservist leave and the

Health Insurance Act to eliminate the

waiting period for military families

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History on www.e-Laws.gov.on.ca.

Preamble

The

people of Ontario and their government:

Recognize

the vital role that the men and women of the Canadian Forces play in securing

our well-being both at home and abroad;

Appreciate

the commitment and dedication of our military in carrying out their duties on

behalf of all of us;

Acknowledge

the tremendous sacrifices that are made by our military in order to protect and

defend Ontarians, and by their families who support them in these endeavours;

Believe

that those who risk their lives to serve our country should not have to worry

about losing their civilian jobs when they return home, or about delays in

their families '

coverage for

publicly funded health services.

Therefore,

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

the Province of Ontario, enacts as follows:

Contents

of Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same

(2) The Schedules to this Act come into force as provided

in each Schedule.

Same

(3) If a

Schedule to this Act provides that any provisions

are to come into force on a day to be named by proclamation of the Lieutenant

Governor, the proclamation may apply to the whole or any portion of the

Schedule, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Fairness for Military

Families Act (Employment Standards and Health Insurance), 2007 .

Schedule A

Amendments to the Employment standards Act, 2000

1. Subsection

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

amended by adding the following definition:

"reservist"

means a member of the reserve force of the Canadian Forces referred to in subsection

15 (3) of the National Defence Act (Canada); (" réserviste ")

2. Subsection

15 (7) of the Act is amended by striking out "personal emergency leave or

emergency leave during a declared emergency" and substituting "personal emergency

leave, emergency leave during a declared emergency or reservist leave".

3. The

Act is amended by adding the following section:

Reservist Leave

Reservist

leave

50.2

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

without pay if the employee is a reservist and will not be performing the

duties of his or her position because,

(

a) the employee is deployed to a

Canadian Forces operation outside Canada;

(

b) the employee is deployed to a

Canadian Forces operation inside Canada that is or will be providing assistance

in dealing with an emergency or with its aftermath; or

(

c) the prescribed circumstances

apply.

Activities

included in deployment outside Canada

(2) Participation, whether inside or outside Canada, in

pre-deployment or post-deployment activities that are required by the Canadian

Forces in connection with an operation described in clause (1) (

a) is

considered deployment to the operation for the purposes of that clause.

Restriction

(3) An employee is not entitled to begin a leave under

this

section unless he or she has been employed by the employer for at least

the prescribed period or, if no period is prescribed, for at least six

consecutive months.

Length

of leave

(4) An employee is entitled to take leave under this

section for the prescribed period or, if no period is prescribed, for as long

as clause (1) (

a) or (

b) or the circumstances set out in a regulation made

under clause (1) (

c) apply to him or her.

Advising

employer re start of leave

(5) An employee who intends to take a leave under this

section shall give his or her employer the prescribed period of notice of the

day on which he or she will begin the leave or, if no notice period is

prescribed, reasonable notice.

Same

(6) Despite subsection (5), if the employee must begin the

leave before advising the employer, the employee shall advise the employer of

the leave as soon as possible after beginning it.

Evidence

of entitlement

(7) An employer may require an employee who takes a leave

under this

section to provide evidence that the employee is entitled to the

leave.

Same

(8) When evidence is required under subsection (7), the

employee shall,

(

a) provide

the prescribed evidence, or evidence reasonable in the circumstances if no evidence

is prescribed; and

(

b) provide

the evidence at the prescribed time, or at a time reasonable in the

circumstances if no time is prescribed.

Advising

employer re end of leave

(9) An employee who intends to end a leave taken under

this

section shall give his or her employer the prescribed period of notice of

the day on which he or she intends to end the leave or, if no notice period is

prescribed, reasonable notice.

Written

notice

(10) Notice under subsection (5), (6) or (9) shall be

given in writing.

Definition,

emergency

(11) In clause (1) (b),

"emergency"

means,

(

a) a

situation or an impending situation that constitutes a danger of major proportions

that could result in serious harm to persons or substantial damage to property

and that is caused by the forces of nature, a disease or other health risk, an

accident or

an act whether intentional or otherwise, or

(

b) a

situation in which a search and rescue operation takes place.

Transition

(12) This

section applies only if,

(

a) the

deployment described in subsection (1) begins on or after the day the Fairness for Military Families Act (Employment Standards and

Health Insurance), 2007 receives Royal Assent; and

(

b) notice

under subsection (5) or (6) is given on or after the day described in clause

(a).

Section

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

Reservist

leave

(4) Subsections (1), (2) and (3) do not apply in respect

of an employee during a leave under

section 50.2, unless otherwise prescribed.

Exception

(5) Despite subsection (4), subsections (1), (2) and

(3) apply in respect of an employee during a period of postponement under

subsection 53 (1.1), unless otherwise prescribed.

Section

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

Reservist

leave

(1.1) Despite subsection (1), the employer of an employee

who has been on leave under

section 50.2 may postpone the employee's

reinstatement until,

(

a) a

prescribed day; or

(

b) if

no day is prescribed, the later of,

(

i) the

day that is two weeks after the day on which the leave ends, and

(ii) the

first pay day that falls after the day on which the leave ends.

Same

(1.2) During the period of postponement, the employee is

deemed to continue to be on leave under

section 50.2 for the purposes of

sections 51.1 and 52.

6. (1) Subsection

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

11.1 Providing,

for the purposes of subsection 51 (4), that subsections 51 (1), (2) and

(3) apply in respect of an employee during a leave under

section 50.2.

11.2 Providing,

for the purposes of subsection 51 (5), that subsections 51 (1), (2) and (3) do

not apply in respect of an employee during a period of postponement under

subsection 53 (1.1).

(2) Section 141 of the Act is amended by adding the

following subsection:

Restricted

application

(1.1) A regulation made under paragraph 11.1 or 11.2 of

subsection (1) may be restricted in its application to one or more of the

following:

1. Specified

benefit plans.

2. Employees

who are members of prescribed classes.

3. Employers

who are members of prescribed classes.

4. Part

of a leave under

section 50.2.

Commencement

7. This

Schedule comes into force on the day the Fairness for

Military Families Act (Employment Standards and Health Insurance), 2007

receives Royal Assent.

Schedule B

Amendments to the health insurance Act

Section

11 of the Health Insurance Act is amended by

adding the following subsection:

Military

families

(2.1) Where an application under subsection (1) is made

with respect to a spouse or dependant of a member of the Canadian Forces, he or

she is exempt from any waiting period that would otherwise apply.

2. Clause

45 (1) (

b) of the Act is repealed and the following substituted:

(

b) defining

"resident", "dependant", "spouse" and "member of the Canadian Forces" for the

purposes of this Act or any provision of this Act;

Commencement

3. This

Schedule comes into force on a day to be named by proclamation of the Lieutenant

Governor.

EXPLANATORY NOTE

The

Bill amends the Employment Standards Act, 2000 (in

Schedule

A) and the Health Insurance Act (in

Schedule B).

Schedule

A amends the Employment Standards Act, 2000 to

provide job-protected leave for members of the reserve force of the Canadian

Forces.

employee who is a reservist is entitled to take a leave without pay if he or

she is deployed to a Canadian Forces operation outside Canada, or to a Canadian

Forces operation inside Canada that provides assistance in dealing with an

emergency. Additional circumstances in which a reservist is entitled to take a

leave without pay may be prescribed by regulation.

Only

an employee who has been employed for at least six consecutive months, or for

the prescribed period, is entitled to the leave.

The

leave continues as long as the deployment or other circumstance continues, or

for the prescribed period. The employee must give the employer reasonable

notice, or the prescribed notice, when he or she intends to begin the leave and

again when he or she intends to end it.

When

the employee returns from the leave, the employer may postpone reinstatement

for two weeks or until the first pay day following the leave, or as

prescribed.

Except

during any period of postponement, the employee is not entitled to continue to

participate in benefit plans while on leave, unless a regulation is made to

that effect. In any case, the time spent on leave is taken into account for

the purposes of rights that depend on length of employment, length of service

or seniority.

The

leave is available only if the deployment begins on or after the day the Bill

receives Royal Assent and the employee's notice is given on or after that day

as well.

Schedule

B amends the Health Insurance Act to provide that a

spouse or dependant of a member of the Canadian Forces is exempt from any

waiting period that would otherwise apply. "Spouse", "dependant" and "member of

the Canadian Forces" may be defined by regulation.

Date Bill stage Activity Committee

December 3, 2007

Royal Assent

Royal Assent received

December 3, 2007

Third Reading

Carried

December 3, 2007

Second Reading

Carried

December 3, 2007

First Reading

Carried

Debates and Progress

First Reading

December 3, 2007

Declared carried

Second Reading

December 3, 2007

Declared carried

Committee

Third Reading

December 3, 2007

Declared carried.

Royal Assent : Monday, December 03, 2007

Coming into force :

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclam

Document details

Collection	Ontario — Bills
Citation	Bill 2, 39-1
Type	bill
Volume / chapter	p39 s1 bill 2 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c95f1915f4d000f80a92bbffabe1d1694c1df3ef

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