Jayesh's Law (Worker Safety at Service Stations), 2013 Colle, Mike — Bill 12 (40th Parliament, 2nd Session)

Bill 12, 40-2

Ontario — Bills

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Bill 12, Jayesh's Law (Worker Safety at Service Stations), 2013

Colle, Mike

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[40] Bill 12 Original (PDF)

Bill 12 2013

Act to amend various statutes with respect to worker safety at service stations

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 at www.e-Laws.gov.on.ca.

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

Part

XVIII of the Employment Standards Act, 2000 is amended

by adding the following section:

Reprisal,

fuel theft

74.0.1

(1) No

employer who engages in the business of selling fuel at a service station or

other place that sells fuel at retail or person acting on behalf of such an

employer shall penalize an employee because of a fuel theft that occurs while

the employee is working at the service station or other place that sells fuel at

retail.

Same

(2) For greater certainty, penalizing an employee under

subsection (1) includes withholding or deducting wages, reducing hours of work,

and denying entitlement to overtime pay, benefits, vacation or any other

entitlement under this Act.

2. The

Act is amended by adding the following section:

Offences

re fuel theft

132.1 A

person who contravenes subsection 74.0.1 (1) is guilty of an offence and on

conviction is liable,

(

a) if

the person is an individual, to a fine of not more than $75,000 or to

imprisonment for a term of not more than 12 months or to both;

(

b) subject

to clause (c), if the person is a corporation, to a fine of not more than

$200,000; and

(

c) if

the person is a corporation that has previously been convicted of an offence

under

section 74.0.1,

(

i) if

the person has one previous conviction, to a fine of not more than $500,000,

and

(ii) if

the person has more than one previous conviction, to a fine of not more than

$1,000,000.

Highway Traffic Act

3. Subsection

41 (1) of the Highway Traffic Act is amended by

adding the following clause:

(c.1) under

section 322 of the Criminal Code (Canada), if the

thing that was taken or converted was fuel that was pumped directly from a pump

at a service station or other place that sells fuel at retail into a motor

vehicle within the meaning of this Act;

Occupational Health

and Safety Act

4. The

Occupational Health and Safety Act is amended by

adding the following section:

Employers'

duties, service stations

26.1

(1) An

employer who engages in the business of selling fuel at a service station or

other place that sells fuel at retail shall require customers to provide a

credit card, debit card, cash or other method of payment before the customer is

given fuel from a pump.

Exemption

by municipal by-law

(2) The council of a municipality may by by-law provide

that subsection (1) does not apply with respect to the service stations and

other places that sell fuel at retail in the municipality.

Training

(3) An employer shall provide training about worker safety

in accordance with the prescribed requirements to employees involved in the

sale of fuel from a pump at a service station or other place that sells fuel at

retail.

5. Subsection

70 (2) of the Act is amended by adding the following paragraph:

31.2 prescribing,

for the purpose of subsection 26.1 (3), requirements for the training that

employers shall provide to employees involved in the sale of fuel from a pump

at a service station or other place that sells fuel at retail, including when

the employees must receive such training;

Commencement and Short

Title

Commencement

(1) Subject

to subsection (2), this Act comes into force on the day it receives Royal

Assent.

Same

(2) Section 4 comes into force six months after the day

this Act receives Royal Assent.

Short

title

7. The

short title of this Act is Jayesh's Law (Worker Safety at

Service Stations), 2013 .

EXPLANATORY

NOTE

The

Bill amends various Acts with respect to worker safety at service stations and

other places that sell fuel at retail.

The

Employment Standards Act, 2000 is amended to

prohibit employers from penalizing employees if a fuel theft occurs while the

employees are working.

The

Highway Traffic Act is amended to provide that a

person's driver's licence is suspended if the person is convicted for an

offence involving the theft of fuel.

The

Occupational Health and Safety Act is amended to require

employers who engage in the business of selling fuel at service stations and

other places that sell fuel at retail to require customers to provide payment

before being given the fuel. A municipality may by by-law provide that the

requirement does not apply in the municipality. The Act is also amended to

require employers to provide training to employees involved in the sale of fuel

at service stations and other places that sell fuel at retail.

Date Bill stage Activity Committee

February 28, 2013

Ordered referred to Standing Committee

Standing Committee on General Government

February 28, 2013

Second Reading

Carried

February 28, 2013

Second Reading

Debate

February 26, 2013

First Reading

Carried

Debates and Progress

First Reading

February 26, 2013

Committee

Second Reading

February 28, 2013

Mr. Mike Colle, Mr. Randy Hillier, Miss Monique Taylor, Mr. Kevin Daniel Flynn, Mr. Rod Jackson, Mr. Jonah Schein, Ms. Soo Wong, Mr. John O’Toole, Mr. Paul Miller, Hon. Yasir Naqvi

February 28, 2013

Declared carried. Referred to the Standing Committee on General Government.

Committee

Standing Committee on General Government

Third Reading

Royal Assent

Acts affected - Bill 12

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

Highway Traffic Act

Occupational Health and Safety Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 12, 40-2
Type	bill
Volume / chapter	p40 s2 bill 12 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e7a7aab9d6473bf79aea66a715fc5ef2c6b4cf91

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