Stronger Workplaces for a Stronger Economy Act, 2014 Flynn, Hon. Kevin Daniel Minister of Labour — Bill 146 (40th Parliament, 2nd Session)

Bill 146, 40-2

Ontario — Bills

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Bill 146, Stronger Workplaces for a Stronger Economy Act, 2014

Flynn, Hon. Kevin Daniel Minister of Labour

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Original

[40] Bill 146 Original (PDF)

Bill 146 2013

Act to amend various statutes with respect to employment and labour

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, a proclamation may apply to one or more of those

provisions, 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 Stronger Workplaces for a

Stronger Economy Act, 2013 .

SChedule

Employment Protection for Foreign Nationals Act (Live-in caregivers and others),

1. The

title of the Employment Protection for Foreign Nationals

Act (Live-in Caregivers and Others), 2009 is repealed and the following

substituted:

Employment

Protection for Foreign Nationals Act, 2009

2. The

definitions of "live-in caregiver" and "other prescribed employment" in

subsection 1 (1) of the Act are repealed.

3. Subsection

3 (1) of the Act is repealed and the following substituted:

Application

(1) This Act applies to the following

persons:

1. Every

foreign national who, pursuant to an immigration or foreign temporary employee

program, is employed in Ontario or is attempting to find employment in

Ontario.

2. Every

person who employs a foreign national in Ontario pursuant to an immigration or

foreign temporary employee program.

3. Every

person who acts as a recruiter in connection with the employment of a foreign

national in Ontario pursuant to an immigration or foreign temporary employee

program.

4. Every

person who acts on behalf of an employer described in paragraph 2 or a

recruiter described in paragraph 3.

4. Subsection

7 (1) of the Act is amended by striking out "as a live-in caregiver or in other

prescribed employment".

5. Clause

8 (1) (

a) of the Act is repealed and the following substituted:

(

a) any

cost incurred by the employer in the course of arranging to become or

attempting to become an employer of the foreign national; or

6. (1) Subsection

9 (1) of the Act is amended by striking out "as a live-in caregiver or in other

prescribed employment".

(2) Subsection 9 (2) of the Act is amended

by striking out "as a live-in caregiver or in other prescribed employment".

7. (1) Subsection

10 (1) of the Act is amended by striking out "as a live-in caregiver or in

prescribed employment" in the portion before clause (a).

(2) Subsection 10 (2) of the Act is amended

by striking out "as a live-in caregiver or in other prescribed employment" in

the portion before clause (a).

8. (1) Subsections

11 (1) and (2) of the Act are repealed and the following substituted:

Employer's

duty

(1) A person who employs a foreign national

shall give him or her a copy of the most recent documents published by the

Director of Employment Standards under

section 12 before the employment

commences if the employer did not use the services of a recruiter in connection

with the employment.

Recruiter's

duty

(2) If a recruiter contacts or is contacted

by a foreign national in connection with employment, the recruiter shall give

the foreign national a copy of the most recent documents published by the

Director under

section 12 as soon as is practicable after first making contact

with him or her.

(2) Subsections 11 (4) and (5) of the Act

are repealed and the following substituted:

Transition,

employer's duty

(4) If the foreign national is employed by

the employer on the day subsection 8 (2) of

Schedule 1 to the Stronger Workplaces for a Stronger Economy Act, 2013 comes

into force, the employer shall give him or her a copy of the documents

published by the Director under

section 12 as soon after subsection 8 (2) of

Schedule 1 to the Stronger Workplaces for a Stronger

Economy Act, 2013 comes into force as is practicable.

Different

categories

(5) If the Director has prepared and

published different documents for different categories of foreign nationals

employed in Ontario or attempting to find employment in Ontario, and a foreign

national who is employed by an employer or who contacts a recruiter is in a

category for whom a document was prepared and published, the provisions of this

section shall be applied as if they referred to the documents prepared and

published for that category.

Section

12 of the Act is repealed and the following substituted:

Director's

duty to publish documents

(1) The

Director of Employment Standards shall prepare and publish documents providing

such information as the Director considers appropriate about the rights and

obligations under this Act of,

(

a) foreign

nationals who are employed or who are attempting to find employment;

(

b) employers

of foreign nationals; and

(

c) persons

acting as recruiters in connection with the employment of foreign nationals.

Rights

under the Employment Standards Act, 2000

(2) The Director shall prepare and publish

a document providing such information about the rights and obligations of

employees and employers under the Employment Standards

Act, 2000 as the Director considers of particular relevance to

foreign nationals and their employers, and such other information as the

Director considers appropriate.

Different

categories

(3) If the Director considers it

appropriate, he or she may prepare and publish different documents under this

section for different categories of foreign nationals and their employers.

information out of date

(4) If the Director believes that a

document prepared under this

section has become out of date, he or she shall

prepare and publish a new document.

10. (1) Subsection

14 (1) of the Act is amended by striking out "as a live-in caregiver or in

other prescribed employment".

(2) Clause 14 (2) (

a) of the Act is amended

by striking out "as a live-in caregiver or in other prescribed employment, as

the case may be".

11. (1) Subsection

15 (1) of the Act is amended by striking out "as a live-in caregiver or in

other prescribed employment" in the portion before paragraph 1.

(2) Paragraphs 3 and 4 of subsection 15

(1) of the Act are amended by striking out "as live-in caregivers or in other

prescribed employment" wherever it appears.

12. Paragraph

1 of subsection 22 (2) of the Act is repealed and the following substituted:

1. The

foreign national who is employed or who is attempting to find employment, as

the case may be.

13. (1) Clause

50 (1) (

b) of the Act is amended by striking out "to a person" and substituting

"to a person or class of persons".

(2) Subsection 50 (1) of the Act is amended

by adding the following clauses:

(

c) providing

that, despite subsection 8 (1), an employer may recover from a foreign national

or class of foreign nationals or from such other person or class of persons as

may be prescribed, such costs as are prescribed;

(

d) requiring

a person who employs a foreign national or who ceases to employ a foreign

national to provide notice to the person or body specified in the regulations

of the employment or of the end of the employment in a written or electronic

form approved by the person or body, and to provide such other information as

is required by the regulation.

Commencement

14. This

Schedule comes into force on the first anniversary of the day the Stronger

Workplaces for a Stronger Economy Act, 2013 receives Royal Assent.

Schedule

Employment Standards Act, 2000

(1) The

French version of subsection 2 (4) of the Employment Standards Act, 2000

is amended by striking out "le cas échéant " and

substituting " si tel est le cas ".

(2) Section 2 of the Act is amended by

adding the following subsections:

Copy

of poster to be provided

(5) Every employer shall provide each of

his or her employees with a copy of the most recent poster published by the

Minister under this section.

Same

– translation

(6) If an employee requests a translation

enquiries as to whether the Minister has prepared a translation of the poster

into that language, and if the Minister has done so, the employer shall provide

the employee with a copy of the translation.

When

copy of poster to be provided

(7) An employer shall provide an employee

with a copy of the poster within 30 days of the day the employee becomes an

employee of the employer.

Same

– transition

(8) If an employer has one or more

employees on the day

section 1 of

Schedule 2 to the Stronger

Workplaces for a Stronger Economy Act, 2013 comes into force, the

employer shall provide his or her employees with a copy of the poster within 30

days of that day.

2. The Act is amended by adding

the following sections after the heading "Obligations and Prohibitions":

Agency

to keep records re: work for client

74.4.1

(1) In

addition to the information that an employer is required to record under

Part

VI, a temporary help agency shall record the number of hours worked by each

assignment employee for each client of the agency in each day and each week.

Retention

of records

(2) The temporary help agency shall retain

or arrange for some other person to retain the records required under

subsection (1) for three years after the day or week to which the information

relates.

Availability

(3) The temporary help agency shall ensure

that the records required to be retained under this

section are readily

available for inspection as required by an employment standards officer, even

if the agency has arranged for another person to retain them.

Client

to keep records re: work for client

74.4.2

(1) A

client of a temporary help agency shall record the number of hours worked by

each assignment employee assigned to perform work for the client in each day

and each week.

Retention

of records

(2) The client shall retain or arrange for

some other person to retain the records required under subsection (1) for three

years after the day or week to which the information relates.

Availability

(3) The client shall ensure that the

records required to be retained under this

section are readily available for

inspection as required by an employment standards officer, even if the client

has arranged for another person to retain them.

Part

XVIII.1 of the Act is amended by adding the following section:

Agency

and client jointly and severally liable

74.18

(1) Subject

to subsection (2), if an assignment employee was assigned to perform work for a

client of a temporary help agency during a pay period, and the agency fails to

pay the employee some or all of the wages described in subsection (3) that are

owing to the employee for that pay period, the agency and the client are

jointly and severally liable for the wages.

Same,

more than one client

(2) If an assignment employee was assigned

to perform work for more than one client of a temporary help agency during a

pay period, and the agency fails to pay the employee some or all of the wages

described in subsection (3) that are owing to the employee for that pay period,

each client is jointly and severally liable with the agency for a share of the

total wages owed to the employee that is in proportion to the number of hours

the employee worked for that client during the pay period relative to the total

number of hours the e

Document details

Collection	Ontario — Bills
Citation	Bill 146, 40-2
Type	bill
Volume / chapter	p40 s2 bill 146 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d48151af2c87077ff26fb71515a3b55fb4531e00

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