Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014 Schein, Jonah — Bill 170 (40th Parliament, 2nd Session)

Bill 170, 40-2

Ontario — Bills

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Bill 170, Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014

Schein, Jonah

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Original

[40] Bill 170 Original (PDF)

Bill 170 2014

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:

Section

2 of the Employment Standards Act, 2000 is repealed

and the following substituted:

Minister

to prepare poster

(1) The

Minister shall prepare and publish,

(

a) a

poster providing information respecting the rights of individuals who are

deemed to be employees under subsection 3 (4.1); and

(

b) a

poster providing such other information about this Act and the regulations as

the Minister considers appropriate.

poster not up to date

(2) If the Minister believes

that a poster prepared under subsection (1) has become out of date, he or she

shall prepare and publish a new poster.

Material

to be posted

(3) Every employer shall post

and keep posted in at least one conspicuous place in every workplace of the

employer, where it is likely to come to the attention of employees in that

workplace, a copy of,

(

a) the

most recent poster published by the Minister under clause (1) (a), if the

employer employs an individual mentioned in clause (1) (a); and

(

b) the

most recent poster published by the Minister under clause (1) (b).

Where

(4) If the majority language of

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

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

post and keep posted a copy of the translation next to the copy of the poster.

Information

for certain individuals receiving training

2.1

(1) This

section applies in respect of an individual receiving training who is excluded

from the definition of "employee" in subsection 1 (1) because all of the

conditions in subsection 1 (2) are met.

Written

notice

(2) An employer shall, on or before the

first day of employment of an individual mentioned in subsection (1), notify

the individual in writing of the following:

1. The

parts of the Act that do and do not apply to the individual's employment.

2. The

conditions set out in paragraphs 1 to 6 of subsection 1 (2) that are all met

with respect to the individual receiving training.

3. The

terms of the individual's employment, including the length of his or her

employment and a general description of the work to be performed.

4. The

individual's hours of work.

Same

(3) The employer shall ensure that the

notice mentioned in subsection (2) identifies the individual in respect of whom

the notice is issued and that the individual signs the notice to indicate that

he or she understands the information set out in the notice.

Form

of notice

(4) The notice mentioned in subsection

(2) shall be in a form provided by the Director.

Information

for Director

(5) The employer shall submit a copy of

each notice provided to an individual under this

section to the Director no

later than one week after the individual's first day of employment.

Annual

report by Director

(6) The Director shall publish an annual

report setting out the number of notices provided under this section.

Retention

of records

(7) The Director shall retain a copy of

each notice submitted under subsection (5) for 10 years.

(1) Section

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

Application,

persons receiving training

(4.1) Subject to subsections (4) and (5), an

individual described in subsection (4.2) is deemed to be an employee for the

purposes of the following provisions of this Act:

Part

VI (Records), except for paragraph 5 of subsection 15 (1).

Part

VII (Hours of Work and Eating Periods).

Part

XIV (Leaves of Absence), except for sections 51 and 51.1 and subsection 53 (3).

Part

XVI (Lie Detectors).

Part

XVIII (Reprisal).

Part

XXII (Complaints and Enforcement).

Part

XXIII (Reviews by the Board).

Same

(4.2) For the purposes of subsection (4.1),

an individual must be one of the following:

1. An

individual receiving training who is excluded from the definition of "employee"

in subsection 1 (1) because all of the conditions in subsection 1 (2) are met.

2. A

secondary school student who performs work under a work experience program

authorized by the school board that operates the school in which the student is

enrolled.

3. An

individual who performs work under a program approved by a college of applied

arts and technology or a university.

Regulations

(4.3) The Lieutenant Governor in Council

may make regulations respecting the application of a provision mentioned in

subsection (4.1) to an individual described in subsection (4.2).

(2) Paragraphs 1 and 2 of subsection 3

(5) of the Act are repealed.

Section

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

Persons

receiving training

(3) If a public holiday falls on a day that

would ordinarily be a working day for an individual who is deemed to be an

employee under subsection 3 (4.1), the employer shall give the individual the

day off work.

4. The

Act is amended by adding the following Part:

Part

X.1

Vacation without pay

Vacation

without pay for persons receiving training

32.1 An

employer of an individual who is deemed to be an employee under subsection 3

(4.1) shall give the individual a vacation of at least two weeks after each

vacation entitlement year that he or she completes.

5. Subsection

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

Complaints,

information re contraventions

(1) A person alleging that this Act has

been or is being contravened may,

(

a) file

a complaint with the Ministry in a written or electronic form approved by the

Director; or

(

b) provide

information to the Ministry anonymously or through a third party, in accordance

with the regulations.

Section

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

Information

provided anonymously

(3.0.1) The Lieutenant Governor in Council

may make regulations,

(

a) respecting

the manner in which information may be provided anonymously or through a third

party under clause 96 (1) (b);

(

b) prescribing

the circumstances in which an investigation must occur with respect to

information provided anonymously or through a third party under clause 96 (1)

(b);

(

c) respecting

the publication of information regarding the possibility of providing information

anonymously or through a third party under clause 96 (1) (b);

(

d) governing,

clarifying or varying the application of provisions of this Act or provisions

of the regulations in respect of information provided anonymously or through a

third party under clause 96 (1) (b).

Commencement

7. This

Act comes into force three months after the day it receives Royal Assent.

Short

title

8. The

short title of this Act is the Employment Standards Amendment

Act (Greater Protection for Interns and Vulnerable Workers) , 2014 .

EXPLANATORY

NOTE

Under

subsection 1 (2) of the Employment Standards Act, 2000 ,

only some individuals receiving training from an employer are considered to be

employees. The Bill amends the Act to deem additional individuals receiving

training to be employees for the purposes of specified parts of the Act. New

requirements are imposed on employers with respect to certain individuals

receiving training, including the requirement to provide information, the

requirement to provide a day off work on a public holiday, and the requirement

to provide vacation without pay.

The

Bill also amends the Act with respect to allegations that the Act has been or

is being contravened. Information regarding such allegations may be provided

to the Ministry either anonymously or through a third party.

Date Bill stage Activity Committee

March 4, 2014

First Reading

Carried

Debates and Progress

First Reading

March 4, 2014

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 170

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

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 170, 40-2
Type	bill
Volume / chapter	p40 s2 bill 170 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d6400630ba77d58536bbf56014ea87dae71120f5

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