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Bill 27, Working for Workers Act, 2021

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

Royal Assent received. Statutes of Ontario 2021,

chapter 35

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Bill 27 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 27 and does not form part of the law.

Bill 27 has been enacted as

Chapter 35 of the Statutes of Ontario, 2021.

SCHEDULE 1

EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

The

Employment Protection for Foreign Nationals Act, 2009

is amended to include a prohibition against a recruiter or employer, in

connection with the recruitment or employment of a foreign national, knowingly

using the services of a recruiter who has charged a fee to a foreign national

in contravention of subsection 7 (1) of the Act. The Act is also amended to

provide that a recruiter who uses the services of another recruiter in

connection with the recruitment or employment of a foreign national, and if the

recruiter who uses those services is a corporation, the directors of that

recruiter, are jointly and severally liable to repay fees charged to the

foreign national by the other recruiter in contravention of subsection 7 (1) of

the Act.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Schedule amends the Employment Standards Act, 2000 .

New

Part VII.0.1 of the Act imposes a requirement on employers that employ 25

or more employees to have a written policy with respect to disconnecting from

work. The term “disconnecting from work” is defined to mean not engaging in

work-related communications, including emails, telephone calls, video calls or

the sending or reviewing of other messages, so as to be free from the

performance of work.

New

Part XV.1 of the Act prohibits employers from entering into employment

contracts or other agreements with an employee that are, or that include, a

non-compete agreement. Certain exceptions are provided for.

Part

XVIII.1 of the Act is amended to include licensing requirements for temporary

help agencies and recruiters. Here are some highlights:

New

sections 74.1.1 and 74.1.2 prohibit persons from operating as a temporary help

agency or acting as a recruiter without a licence for that purpose. A

prohibition against knowingly engaging or using the services of an unlicensed

temporary help agency or recruiter is also included.

The

Director has authority with respect to issuing licences and revoking and

suspending licences, subject to appeal powers given to the Ontario Labour

Relations Board.

The

Director is required to publish and maintain a record of information related to

licensing under

Part XVIII.1.

New

section 74.12.1 prohibits a recruiter or person acting on behalf of a recruiter

from taking reprisals against prospective employees on a variety of grounds,

such as asking the recruiter to comply with the Act.

Related

amendments are made to the Act and provision is also made for regulations to be

made by the Lieutenant Governor in Council.

Subsection

97 (3) and paragraph 2 of subsection 100 (4) of the Act are repealed.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

The

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006 is amended in respect of various matters, including the

following:

Regulated

professions are required to ensure they comply with any regulations respecting

professions are also prohibited from including Canadian experience requirements

as qualifications for registration unless an exemption from the prohibition is

granted. Compliance orders may be issued if a regulated profession imposes

requirements that are prohibited under the Act.

section is added describing some ways in which the Minister may support the

access of internationally trained individuals to regulated professions and

providing that the Minister may make related grants.

Various

related amendments are made, including to the regulation-making powers.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Section

4 of the Ministry of Agriculture, Food and Rural Affairs

Act is amended to provide that the Ministry may review matters related

to agriculture, food and rural affairs and establish policies and provide

recommendations, advice, coordination and assistance to the Government in

matters related to agriculture, food and rural affairs.

New

section 4.1 of the Act authorizes the Minister to collect information,

including personal information, for the purposes set out in the section. The

section sets out limits with respect to the collection, use and disclosure of

personal information. Regulation-making powers are provided for.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health

and Safety Act is amended to require the owner of a workplace to provide

access to a washroom to persons making deliveries to or from the workplace.

Exceptions are provided for.

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

The

Schedule amends the Workplace Safety and Insurance Act,

1997 with respect to the insurance fund.

Section

96.1 of the Act and subsection 97 (2) of the Act are repealed.

New

section 97.1 provides that, in certain circumstances, the Board is permitted or

required to distribute amounts in the insurance fund in excess of specified amounts

among

Schedule 1 employers. New

section 97.2 provides that a determination made

by the Board under

section 97.1 cannot be reconsidered by, or appealed to, the

Board or the Tribunal. Related regulation-making authorities are added to

section

Section

159 of the Act is amended to provide that the Board may enter into an agreement

with any person or entity for the purpose of administering

Part VII (Employers

and their Obligations).

Bill 27 2021

Act to amend various statutes with respect to employment and labour and other

matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Employment

Protection for Foreign Nationals Act, 2009

Schedule 2

Employment

Standards Act, 2000

Schedule 3

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 4

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 5

Occupational

Health and Safety Act

Schedule 6

Workplace

Safety and Insurance Act, 1997

Her

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

of Ontario, enacts as follows:

Contents

of this 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.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(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 Working for Workers Act, 2021 .

SCHEDULE 1

EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

The Employment

Protection for Foreign Nationals Act, 2009 is amended by adding the following

section:

Prohibition against using recruiters that

charge fees

7.1 No recruiter or

employer shall, in connection with the recruitment or employment of a foreign

national, knowingly use the services of a recruiter who has charged a fee to a

foreign national in contravention of subsection 7 (1).

The heading before

section 17 of the Act is amended by adding “and Recruiters”

at the end.

Section 17 of the Act is amended by striking out “and 19” wherever it appears

and substituting in each case “18.1 and 19”.

The Act is amended by adding the following section:

Recruiters’

liability to repay fees, etc.

18.1

(1) A

recruiter who uses the services of another recruiter in connection with the

recruitment or employment of a foreign national, and if the recruiter who uses

those services is a corporation, the directors of that recruiter, are jointly

and severally liable to repay fees charged to the foreign national by the other

recruiter in contravention of subsection 7 (1).

Primary

responsibility

(2) Despite

subsection (1), the recruiter that charged the fee is primarily responsible to

repay the fee, but proceedings against the recruiter that charged the fee do

not have to be exhausted before proceedings may be commenced to collect the

fees from the other recruiter and the directors, if any.

Contribution

from other directors

(3) A

director who has satisfied a claim to repay fees is entitled to contribution in

relation to the repaid fees from other directors who are liable for the claim.

Limitation

periods

(4) A

limitation period established under

section 28 prevails over a limitation

period in any other Act, unless the other Act states that it is to prevail over

this Act.

Order

to repay fees

(5) For

the purposes of enforcing this section, an employment standards officer may

make an order in respect of both recruiters and the directors, if any,

described in subsection (1), and subsections 24 (2) and (7) apply with

necessary modifications.

Commencement

This

Schedule comes into force on the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

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

is amended by adding the following

definitions:

“foreign

national” has the same meaning as in the Employment Protection

for Foreign Nationals Act, 2009 ; (“étranger”)

“licence”

means a licence issued under

Part XVIII.1; (“ permis ”)

“recruiter”

has the meaning set out in the regulations; (“ recruteur ”)

Section 15 of the Act is amended by adding the

following subsection:

Retention

of disconnecting from work policies

(8.1) An

employer shall retain or arrange for some other person to retain copies of every

written policy on disconnecting from work required under

Part VII.0.1 for three

years after the policy ceases to be in effect.

The Act is amended by adding the following Part:

PART VII.0.1

WRITTEN POLICY ON DISCONNECTING FROM WORK

Interpretation

21.1.1 In this Part,

“disconnecting

from work” means not engaging in work-related communications, including emails,

telephone calls, video calls or the sending or reviewing of other messages, so

as to be free from the performance of work.

Written

policy on disconnecting from work

21.1.2

(1) An

employer that, on January 1 of any year, employs 25 or more employees shall,

before March 1 of that year, ensure it has a written policy in place for all

employees with respect to disconnecting from work that includes the date the

policy was prepared and the date any changes were made to the policy.

Copy

of policy

(2) An

employer shall provide a copy of the written policy with respect to

disconnecting from work to each of the employer’s employees within 30 days of

preparing the policy or, if an existing written policy is changed, within 30

days of the changes being made.

Same

(3) An

employer shall provide a copy of the written policy with respect to

disconnecting from work that applies to a new employee within 30 days of the

day the employee becomes an employee of the employer.

Prescribed

information

(4) A

written policy required under subsection (1) shall contain such information as

may be prescribed.

Transition

(5) Despite

subsection (1), an employer shall,

(

a) have

until the date that is six months after the day the Working

for Workers Act, 2021 receives Royal Assent instead of March 1 to comply

with the requirements of subsection (1); and

(

b) determine

whether it employs 25 employees or more as of the January 1 immediately

preceding the date described in clause (a).

The Act is amended by adding the following Part:

PART XV.1

NON-COMPETE AGREEMENTS

Definitions

67.1 In this Part, and for

the purposes of

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) insofar as matters concerning this Part are concerned,

“employee”

means an employee as defined in subsection 1 (1) and includes an applicant for

employment; (“employé”)

“employer”

means an employer as defined in subsection 1 (1) and includes a prospective

employer; (“employeur”)

“non-compete

agreement” means an agreement, or any part of an agreement, between an employer

and an employee that prohibits the employee from engaging in any business,

work, occupation, profession, project or other activity that is in competition

with the employer’s business after the employment relationship between the

employee and the employer ends. (“ clause de non-concurrence ”)

Prohibition

67.2

(1) No

employer shall enter into an employment contract or other agreement with an

employee that is, or that includes, a non-compete agreement.

Same

(2) For

greater certainty, subsection 5 (1) applies and if an employer contravenes

subsection (1), the non-compete agreement is void.

Exception

— sale, etc., of business

(3) If

there is a sale of a business or a part of a business and, as a part of the

sale, the purchaser and seller enter into an agreement that prohibits the

seller from engaging in any business, work, occupation, profession, project or

other activity that is in competition with the purchaser’s business after the

sale and, immediately following the sale, the seller becomes an employee of the

purchaser, subsection (1) does not apply with respect to that agreement.

Exception

— executives

(4) Subsection

(1) does not apply with respect to an employee who is an executive.

Definitions

(5) In

this section,

“executive”

means any person who holds the office of chief executive officer, president,

chief administrative officer, chief operating officer, chief financial officer,

chief information officer, chief legal officer, chief human resources officer

or chief corporate development officer, or holds any other chief executive

position; (“cadre supérieur”)

“sale”

includes a lease. (“vente”)

Clause 74 (1) (

a) of the Act is amended by striking out “or” at the end of

subclause (viii) and by adding the following subclause:

(ix) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1; or

The heading to

Part XVIII.1 of Act is amended by adding “AND RECRUITERS” at the

end.

Part XVIII.1 of the Act is amended by striking out the heading “Interpretation

and Application”.

The Act is amended by adding the following section:

Licensing

Types

of licences

74.1 The following are the

types of licences that may be issued under this Part:

1. A

licence to operate as a temporary help agency.

2. A

licence to act as a recruiter.

The Act is amended by adding the following sections:

Licence

to operate as temporary help agency

74.1.1

(1) No

person shall operate as a temporary help agency unless the person holds a

licence for that purpose.

Same

(2) No

client shall knowingly engage or use the services of a temporary help agency

unless the person who operates the temporary help agency holds a licence for

that purpose as required under subsection (1).

Licence

to act as recruiter

74.1.2

(1) No

person shall act as a recruiter unless the person holds a licence for that

purpose.

Same

(2) No

recruiter, employer or prospective employer shall knowingly engage or use the

services of a recruiter unless the recruiter holds a licence for that purpose as

required under subsection (1).

The Act is amended by adding the following sections:

Application

for licence

74.1.3

(1) A person

may apply to the Director for a licence or a renewal of a licence by,

(

a) submitting

to the Director, in a written or electronic form approved by the Director,

(

i) the

legal name of the applicant, as well as any operating or business name of the

applicant, if different from the legal name,

(ii) the

address of every location where the applicant carries on business,

(iii) if

the applicant is a corporation, the name and address of each officer or

director of the corporation,

(iv) if

the applicant is a partnership, the name and address of each partner in the

partnership,

(

v) if

the applicant is applying for a licence to act as a recruiter,

(

A) a

statement that the applicant is aware that subsection 7 (1) of the Employment

Protection for Foreign Nationals Act, 2009 prohibits a person who

acts as a recruiter in connection with the employment of a foreign national

from directly or indirectly charging the foreign national a fee for any

service, good or benefit provided to the foreign national,

(

B) a

statement that the applicant is aware that subsection 24 (2) of the Employment

Protection for Foreign Nationals Act, 2009 provides that if an

employment standards officer finds that a recruiter has contravened

section 7

of that Act, the officer may order the recruiter to pay the amount of the fees

to the foreign national or to the Director of Employment Standards in trust,

(

C) a

statement that the applicant is aware that subsection 27 (1) of the Employment

Protection for Foreign Nationals Act, 2009 provides that if an

employment standards officer believes that a person has contravened a provision

of that Act, the officer may issue a notice to the person setting out the

officer’s belief and specifying the amount of the penalty for the contravention,

(

D) a

statement that the applicant is aware that the Director shall refuse to issue a

licence or revoke or suspend a licence if the applicant has charged fees to a

foreign national in contravention of subsection 7 (1) of the Employment

Protection for Foreign Nationals Act, 2009 , and

(

E) a

statement confirming that the applicant has not charged fees to a foreign

national in contravention of subsection 7 (1) of the Employment

Protection for Foreign Nationals Act, 2009 ,

(vi) if

the applicant engages or uses the services of any person, other than an

employee of the applicant, in connection with the recruitment or employment of

foreign nationals,

(

A) the

name and address of each person so engaged or used,

(

B) a

description of the person’s business,

(

C) a

statement confirming that the applicant has made reasonable inquiries about the

person’s business practices with respect to foreign nationals and is satisfied

that the person did not charge fees or collect a fee charged to a foreign

national in contravention of subsection 7 (1) of the Employment

Protection for Foreign Nationals Act, 2009 ,

(

D) a

statement that the applicant is aware that subsection 18.1 (1) of the Employment

Protection for Foreign Nationals Act, 2009 provides that a recruiter who uses the services

of another recruiter in connection with the recruitment or employment of a

foreign national is jointly and severa lly liable with the other recruiter to

repay fees charged to the foreign national by the other recruiter in

contravention of subsection 7 (1) of that Act, and

(

E) a

statement that the applicant is aware that the Director shall refuse to issue a

licence or revoke or suspend a licence if the applicant engages or uses the

services of a recruiter that charges fees to a foreign national in contravention

of subsection 7 (1) of t he

Employment Protection for Foreign Nationals Act, 2009 ,

and

(vii) such

other information or statements as may be prescribed;

(

b) paying

the prescribed fee;

(

c) providing

the Director with the prescribed security; and

(

d) complying

with any additional prescribed requirements.

Request

for information

(2) The

Director may request that an applicant provide to the Director, in the form and

within the time period specified by the Director, such information as may be

specified by the Director that is relevant to the decision as to whether or not

to issue a licence or renewal.

False

or misleading information

(3) No

person shall provide false or misleading information under this section.

Addresses

(4) For

greater certainty, a requirement to submit an address to the Director under

subsection (1) includes addresses in Ontario and outside of Ontario, including

outside of Canada.

Issuance

of licence

74.1.4 The Director shall

issue a licence to an applicant or renew an applicant’s licence if the

Director,

(

a) receives

an application under

section 74.1.3; and

(

b) is

satisfied that the applicant,

(

i) has

complied with any orders issued under this Act or the Employment

Protection for Foreign Nationals Act, 2009 , and

(ii) meets

the requirements set out in this Act and the regulations for the licence.

Refusal

to issue or renew licence

74.1.5

(1) On

receipt of an application under

section 74.1.3, the Director shall, in

accordance with the prescribed processes, if any, refuse to issue or renew a

licence if,

(

a) the

applicant has not complied with an order issued under this Act or the Employment Protection for Foreign Nationals Act, 2009 ;

(

b) the

applicant has ever charged a fee to a foreign national in contravention of

subsection 7 (1) o f

the Employment Protection for Foreign Nationals Act, 2009

or the applicant engages or uses the services of any pers on, other

than an employee of the applicant, that has ever charged a fee or collected a

fee charged to a foreign national in contravention of subsection 7 (1) of that

Act;

(

c) the

applicant fails to meet the requirements set out in this Act and the

regulations for the licence; or

(

d) any

other prescribed circumstances exist.

Same

(2) On

receipt of an application under

section 74.1.3, the Director may, in accordance

with the prescribed processes, if any, refuse to issue or renew a licence if,

(

a) the

Director has reasonable grounds to believe that,

(

i) based

on the past or present conduct of the applicant, or any officers, directors or

representatives of the applicant, the applicant will not carry on business with

honesty and integrity and in accordance with the law, or

(ii) the

applicant has made a false or misleading statement or provided false or

misleading information in an application for a licence or a renewal of a

licence; or

(

b) any

other prescribed circumstances exist.

Revocation

or suspension of licence

74.1.6

(1) The

Director may, in accordance with the prescribed processes, if any, revoke or

suspend a licence on any ground on which the Director might have refused to

issue or renew the licence under subsection 74.1.5 (1) or (2).

Reinstatement

(2) If

the Director considers it appropriate to do so, the Director may reinstate a

licence that has been suspended.

Notice

requirements re: licences

Director

74.1.7

(1) If the

Director refuses to issue or renew a licence, or revokes or suspends a licence,

the Director shall serve notice of the refusal, revocation or suspension on the

applicant and shall provide the applicant with written reasons for the refusal,

revocation or suspension.

Temporary

help agency

(2) A

person whose licence to operate a temporary help agency is refused, revoked or

suspended shall give written notice of the refusal, revocation or suspension to

every client and assignment employee of the agency within 30 days after the day

on which the notice of refusal, revocation or suspension is served.

Recruiter

(3) A

person whose licence to act as a recruiter is refused, revoked or suspended

shall give written notice of the refusal, revocation or suspension to every

employer, prospective employer or prospective employee who has engaged or used

the services of the recruiter within 30 days after the day on which the notice

of refusal, revocation or suspension is served.

Applicant

for review

(4) If

a person applies for an application for review under subsection 74.1.13 (1),

the person shall include that information in the notice required under

subsection (2) or (3) of this section.

Terms

and conditions of licence

74.1.8 A licence is subject to

Licence

not transferable

74.1.9 A licence is not

transferable.

Expiry

of licence

74.1.10

(1) Subject

to subsection (2), a licence expires one year after the date it was issued or

renewed or on the expiration of such longer period as may be prescribed.

Same,

renewal application

(2) If,

before a person’s licence expires, the person applies for a licence renewal in

accordance with

section 74.1.3, the licence remains valid until the licence is

renewed or notice of the refusal to renew the licence is served.

Voluntary

cancellation

74.1.11

(1) The

Director may cancel a licence upon the request, in writing, of the licensee.

Same,

notice

(2) Subsections

74.1.7 (2) and (3) apply with necessary modifications if a licence is cancelled

under this section.

Public

record

74.1.12

(1) The

Director shall publish and maintain, in accordance with such requirements as

may be prescribed, a public record of the following on a website of the

Government of Ontario:

1. The

name of every person licensed under this Act, the date the person’s licence was

issued or renewed and the date the person’s licence expires.

2. The

name of every person whose licence has been revoked or suspended under this Act

and the date of the revocation or suspension.

3. Any

other prescribed information.

Freedom

of information legislation

(2) The

disclosure of personal information in a public record under this

section is

deemed to be in compliance with clause 42 (1) (

e) of the Freedom

of Information and Protection of Privacy Act .

Application

for review

74.1.13

(1) A person

whose application for a licence has been refused under

section 74.1.5 or whose

licence has been revoked or suspended under

section 74.1.6 is entitled to a

review of the refusal, revocation or suspension by the Board if the person

applies to the Board, in writing, for a review within the period set out in

subsection (2).

Period

for applying for review

(2) An

application for a review under subsection (1) shall be made within 30 days

after the day on which notice of the refusal, revocation or suspension is

served.

Hearing

(3) Subject

to subsection 118 (2), the Board shall hold a hearing for the purposes of the

review.

Same,

timelines

(4) A

review hearing shall be conducted in accordance with any timelines prescribed.

Parties

(5) The

parties to the review are the applicant for review and the Director.

Powers

of Board

(6) The

Board may, with necessary modifications, exercise the powers conferred on the

Director under this Part and may substitute its findings for those of the

Director.

Same

(7) Without

limiting the generality of subsection (6), on a review under this section, the

Board may uphold the Director’s decision, vary or set aside the Director’s

decision or issue, renew or reinstate a licence.

Notice

of decision

(8) If

the Board upholds the Director’s decision to refuse to issue or renew, or to

revoke or suspend, a person’s licence to operate a temporary help agency, the

person shall give written notice of the refusal, revocation or suspension to

every client and assignment employee of the agency within 30 days after the

Board issues its decision.

Same

(9) If

the Board upholds the Director’s decision to refuse to issue or renew, or to

revoke or suspend, a person’s licence to act as a recruiter, the person shall

give written notice of the refusal, revocation or suspension to every employer,

prospective employer and prospective employee who has engaged or used the

services of the recruiter within 30 days after the Board issues its decision.

Certain

review provisions applicable

(10) Subsections

116 (8) and (9),

section 118 and subsections 119 (3), (4), (5), (13) and

(14) apply, with necessary modifications, to a review under this section.

Further

application

74.1.14 No applicant who is

refused a licence or renewal of a licence or whose licence is revoked may apply

to the Director for a licence unless,

(

a) at

least two years have passed since the refusal or revocation; or

(

b) the

applicant satisfies the Director that new evidence is available.

Director’s

authorization

74.1.15

(1) The

Director may authorize an individual employed in the Ministry to exercise a

power conferred on the Director under sections 74.1 to 74.1.14, either orally

or in writing.

Residual

power

(2) The

Director may exercise a power conferred on the Director under sections 74.1 to

74.1.14 even if the Director has delegated it to an individual under subsection

(1).

Duty

re: policies

(3) An

individual authorized by the Director under subsection (1) shall follow any

policies established by the Director under subsection 88 (2).

The Act is amended by adding the following section:

Interpretation

and Application

Definitions

74.2 For the purposes of

sections 5, 102 and 102.1,

Part XXVII (Regulations) and such other sections of

this Act as may be prescribed insofar as matters concerning this Part are

concerned,

“employee”

means an employee as defined in subsection 1 (1) and includes a prospective

assignment employee or a prospective employee who engages or uses the services

of a recruiter to find employment in Ontario; (“ employé ”)

“employer”

means an employer as defined in subsection 1 (1) and includes a client of a

temporary help agency, a recruiter or a prospective employer who engages or

uses the services of a recruiter to find or attempt to find an employee.

(“employeur”)

Section 74.2.1 of the Act is amended by adding “Unless otherwise prescribed” at

the beginning.

Subsection 74.4.2 (1) of the Act is repealed and the following substituted:

Client

to keep records re: work for client

(1) A

client of a temporary help agency shall record the following information:

1. The

name of each assignment employee assigned to perform work for the client.

2. The

number of hours worked by each assignment employee assigned to perform work for

the client in each day and each week.

The Act is amended by adding the following section:

Recruiters

to keep records

74.4.3

(1) A

recruiter shall record the following information:

1. The

name of each prospective employee who uses the recruiter to find or attempt to

find employment.

2. The

name and address of each employer or prospective employer who has engaged or

used the services of the recruiter.

3. Such

other information as may be prescribed.

Records

retention

(2) The

recruiter shall retain or arrange for some other person to retain the records

required under subsection (1) for three years after the recruiter ceases to

provide services to the prospective employee, employer or prospective employer.

Availability

for inspection

(3) The

recruiter 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 recruiter has arranged for another person to

retain them.

Section 74.8 of the Act is amended by adding the following subsection:

Same

(3.1) Subsection

(2) does not apply if the Director,

(

a) refuses

to issue or renew a licence under

section 74.1.5 and the client enters into an

employment relationship with the employee after the refusal;

(

b) revokes

the licence to operate the temporary help agency under

section 74.1.6 and the

client enters into an employment relationship with the assignment employee

after the revocation;

(

c) suspends

the licence to operate the temporary help agency under

section 74.1.6 and the

client enters into an employment relationship with the assignment employee

while the licence is suspended; or

(

d) cancels

the licence under

section 74.1.11 and the client enters into an employment

relationship with the assignment employee after the cancellation.

Section 74.10.1 of the Act is amended by adding the following subsection:

Same

(5) For

greater certainty, for the purposes of clause (4) (b), if an assignment is

terminated because the Director has refused to issue or renew, or has revoked

or suspended, a licence to operate a temporary help agency under

section 74.1.5

or 74.1.6, the assignment has not become impossible to perform or been

frustrated by a fortuitous or unforeseeable event or circumstance.

Clause 74.12 (1) (

a) of the Act is amended by striking out “or” at the end of

subclause (viii) and by adding the following subclause:

(ix) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1; or

The Act is amended by adding the following

section immediately before the

heading “Enforcement”:

Reprisal

by Recruiter

Reprisal

by recruiter prohibited

74.12.1

(1) No

recruiter or person acting on behalf of a recruiter shall intimidate or

penalize, or attempt or threaten to intimidate or penalize, a prospective

employee who engages or uses the services of the recruiter because the

prospective employee,

(

a) asks

the recruiter to comply with this Act and the regulations;

(

b) gives

information to an employment standards officer;

(

c) testifies

or is required to testify or otherwise participates or is going to participate

in a proceeding under this Act; or

(

d) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1.

Onus

of proof

(2) Subject

to subsection 122 (4), in any proceeding under this Act, the burden of proof

that a recruiter did not contravene a provision set out in this

section lies

upon the recruiter.

The Act is amended by adding the following section:

Order

re: recruiter reprisal

74.19

(1) If an

employment standards officer finds that

section 74.12.1 has been contravened

with respect to a prospective employee who engages or uses the services of a recruiter,

the officer may order that the prospective employee be compensated for any loss

incurred as a result of the contravention.

Terms

of order

(2) If

an order issued under this

section requires the recruiter to compensate a

prospective employee that has engaged or used the services of the recruiter, it

shall also require the recruiter to,

(

a) pay

to the Director in trust,

(

i) the

amount of the compensation, and

(ii) an

amount for administration costs equal to the greater of $100 and 10 per cent of

the amount of compensation; or

(

b) pay

the amount of the compensation to the prospective employee.

Application

of s. 103 (3) to (9)

(3) Subsections

103 (3) to (9) apply with respect to orders issued under this

section with

necessary modifications, including but not limited to the following:

1. A

reference to an employer is a reference to a recruiter.

2. A

reference to an employee is a reference to a prospective employee that has

engaged or used the services of a recruiter.

Subsection 97 (3) of the Act is repealed.

Paragraph 2 of subsection 100 (4) of the Act is repealed.

(1) Subsection 108 (3) of the Act is amended by adding “74.19” after

“74.17”.

(2) Paragraph

1 of subsection 108 (4) of the Act is amended by adding “a recruiter or a prospective

employer who engages or uses the services of a recruiter to find or attempt to

find an employee” at the end.

(3) Paragraph

2 of subsection 108 (4) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Subsection 109 (1) of the Act is amended by adding “74.19” after “74.17”.

Subsection 110 (1) of the Act is amended by adding “74.19” after “74.17”.

(1) Section 112 of the Act is amended by adding the following

subsection:

Same

(7.1) For

greater certainty, no person shall enter into a settlement that would permit or

require a temporary help agency or recruiter to operate or continue to operate

without a licence in contravention of this Act.

(2) Paragraph

1 of subsection 112 (9) of the Act is amended by adding “a recruiter or a

prospective employer who engages or uses the services of a recruiter to find or

attempt to find an employee” at the end.

(3) Paragraph

2 of subsection 112 (9) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Subsection 113 (7) of the Act is amended by adding “74.19” after “74.17”.

(1) Paragraph 1 of subsection 114 (6) of the Act is amended by

adding “a recruiter or a prospective employer who engages or uses the services

of a recruiter to find or attempt to find an employee” at the end.

(2) Paragraph

2 of subsection 114 (6) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

(1) Paragraph 1 of subsection 115 (1.1) of the Act is amended by

adding “a recruiter or a prospective employer who engages or uses the services

of a recruiter to find or attempt to find an employee” at the end.

(2) Paragraph

2 of subsection 115 (1.1) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Section 115.1 of the Act is amended by striking out “or a prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Section 116 of the Act is amended by adding “74.19” after “74.17” wherever it

appears.

Subsection 129 (3) of the Act is amended by adding “74.19” after “74.17”.

Subsection 133 (1) of the Act is repealed and the following substituted:

Additional

orders

(1) If

an employer is convicted under

section 132 of contravening

section 74 or

paragraph 4, 6, 7 or 10 of subsection 74.8 (1), if a client is convicted under

section 132 of contravening

section 74.12 or if a recruiter is convicted under

section 132 of contravening

section 74.12.1, the court shall, in addition to

any fine or term of imprisonment that is imposed, order that the employer,

client or recruiter, as the case may be, take specific action or refrain from

taking specific action to remedy the contravention.

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

subsection:

Transitional

regulations

(2.0.3.5) 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 Working for Workers Act, 2021 .

(2) Subsection

141 (2.0.4) of the Act is amended by striking out “or (2.0.3.4)” wherever it

appears and substituting in each case “(2.0.3.4) or (2.0.3.5)”.

(3) Section

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

Regulations

re:

Part XVIII.1

(2.6) The

Lieutenant Governor in Council may make regulations respecting the licensing of

temporary help agencies and recruiters under

Part XVIII.1 (Temporary Help

Agencies and Recruiters), and without restricting the generality of the foregoing,

may make regulations,

(

a) governing

requirements for the issuance or renewal of a licence, including requirements

relating to compliance with laws that apply to the applicant;

(

b) governing

applications for the issuance or renewal of a licence including requiring

information to be provided for different types of licences, which may include

information about compliance with laws that apply to the applicant;

(

c) prescribing

circumstances in which an application for the issuance or renewal of a licence

may be refused, which may include non-compliance with laws that apply to the

applicant;

(

d) prescribing

circumstances in which a licence may be revoked or suspended, which may include

non-compliance with laws that apply to the applicant;

(

e) prescribing

the processes to be followed by the Director in refusing to issue or renew a

licence under

section 74.1.5, which shall include providing an applicant with

an opportunity to show evidence of compliance with licensing requirements

before the licence or renewal is refused;

(

f) prescribing

the processes to be followed by the Director in revoking or suspending a

licence under

section 74.1.6, which shall include providing an applicant with

an opportunity to show evidence of compliance with licensing requirements

before the licence is revoked or suspended;

(

g) governing

(

h) governing

licensing fees, including prescribing the amount of fees or the manner of

determining fees, and prescribing the manner in which and the period within

which fees must be paid;

(

i) governing

security for licensing, including prescribing the amount of security and

prescribing the manner in which and the method by which security must be

provided to the Director and the uses for which security may be used, including

to satisfy obligations owing under this Act or under the Employment

Protection for Foreign Nationals Act, 2009 ;

(

j) governing

the public record that the Director is required to publish and maintain under

section 74.1.12;

(

k) prescribing

timelines for the purposes of review hearings held under

section 74.1.13 and

providing that the Board may grant extensions to those timelines;

(

l) governing

the application of

Part XVIII.1 for the purposes of

section 74.2.1.

Same,

retroactive regulations

(2.7) A

regulation made under paragraph 3 of subsection (1) in respect of the

application of

Part XVIII.1 is, if it so provides, effective with reference to

a period before it is filed.

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

force on the day the Working for Workers Act, 2021 receives

Royal Assent.

(2) Sections

1, 5 to 19 and 22 to 32 and subsection 33 (3) come into force on a day to be

named by proclamation of the Lieutenant Governor.

(3) Section

4 is deemed to have come into force on October 25, 2021.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

(1) The definition of “Access Centre” in

section 2 of the Fair Access to Regulated Professions and Compulsory Trades Act,

2006 is repealed.

(2) Section

2 of the Act is amended by adding the following definition:

“Canadian

experience” has the meaning prescribed by the regulations; (“expérience

canadienne”)

(3) The

definition of “compulsory trade” in

section 2 of the Act is repealed.

(4) Section

2 of the Act is amended by adding the following definition:

“Ministry”

means the Ministry of the Minister; (“ministère”)

Section 4 of the Act is amended by adding the following subsections:

Delegation

of powers

(2) Any

power or duty conferred or imposed on the Minister under

section 10.2 or 27.1

may be delegated by the Minister to the Fairness Commissioner or any person

employed in the Ministry and, when purporting to exercise a delegated power or

duty, the delegate shall be presumed conclusively to act in accordance with the

delegation.

Delegation

subject to conditions

(3) A

delegation under subsection (2) shall be in writing and may be subject to such

limitations, conditions and requirements as are set out in it.

Subsection 5 (2) of the Act is repealed and the following substituted:

Compulsory

trades

(2) This

Act applies to Skilled Trades Ontario in respect of compulsory trades as

defined in the Building Opportunities in the Skilled

Trades Act, 2021 , in the same manner and to the same extent as if a

reference in this Act to a regulated profession were a reference to Skilled

Trades Ontario.

Section 8 of the Act is amended by adding the following subsection:

Expedited

processes in case of emergency

(2) A

regulated profession shall ensure that, in case of emergency, it complies with

any regulations respecting expedited registration processes that may apply.

The Act is amended by adding the following sections:

Language

proficiency

10.1 A regulated profession

language proficiency testing requirements.

Canadian

experience

10.2

(1) A regulated

profession shall not require as a qualification for registration that a

person’s experience be Canadian experience, unless an exemption from the

prohibition is granted by the Minister for the purposes of public health and

safety in accordance with the regulations.

Application

for exemption

(2) A

regulated profession may apply for an exemption referred to in subsection

(1) by submitting appropriate supporting documentation and providing reasons that

an exemption is necessary for the purposes of public health and safety.

Same

(3) An

application referred to in subsection (2) shall include the information

prescribed by the regulations, if any, and be submitted in accordance with the

procedures prescribed by the regulations.

Review

of application

(4) The Fairness Commissioner shall review an

application for an exemption and make a recommendation to the Minister as to

whether the exemption should be permitted.

Determination

by Minister

(5) The

Minister shall determine whether to grant the exemption.

Same

(6) Subject

to subsection (7), if a regulated profession has a requirement described in

subsection (1) contrary to that subsection more than two years after the day

section 5 of

Schedule 3 to the Working for Workers Act,

2021 comes into force, the requirement is deemed to be void on and after

that day.

Temporary

exemption

(7) The

Minister may grant a temporary exemption from the prohibition in subsection

(1) during the period that the Minister is considering an application for

exemption.

Part V of the Act is repealed and the following substituted:

PART V

SUPPORTING ACCESS OF INTERNATIONALLY TRAINED INDIVIDUALS TO REGULATED

PROFESSIONS

Supporting

access

(1) For

the purposes of the administration of this Act, the Minister may support the

access of internationally trained individuals to regulated professions by, for

example,

(

a) providing

information and assistance to internationally trained individuals who are

applicants or potential applicants for registration by a regulated profession

with respect to the requirements for registration and the procedures for

applying;

(

b) conducting

research, analyzing trends and identifying issues related to the purposes of

this Act or to the registration of internationally trained individuals by

regulated professions; and

(

c) providing

information to organizations that deal with internationally trained

individuals, such as ministries, government agencies, regulated professions,

community agencies, educational and training institutions and employers, on

government programs and services that support the registration of

internationally trained individuals in the regulated professions and on fair registration processes within such organizations.

Same

(2) The

Minister may make grants for the purposes of subsection (1) on such terms as

may be prescribed by the regulations and on such other terms as the Minister

considers proper.

(1) Subsection 26 (2) of the Act is amended by adding “Subject to

subsection (3)” at the beginning.

(2) Section

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

Order

re language proficiency

(3) If

the Fairness Commissioner concludes that a regulation or by-law made by a

requirement that contravenes the regulations made under this Act, the Fairness

Commissioner may make an order under subsection (1) requiring the regulated

profession to exercise any power or powers that it has to amend or revoke the

regulation or by-law made by the regulated profession.

The Act is amended by adding the following section:

Compliance

orders, Minister

27.1 If the Minister

concludes that a regulation or by-law made by a regulated profession includes a

Canadian experience requirement contrary to subsection 10.2 (1), the Minister

may make an order requiring the regulated profession to

exercise any power or powers that it has to amend or revoke the regulation or

by-law.

Section 28 of the Act is amended by adding “or Minister” after “Fairness Commissioner”.

Subsection 29 (2) of the Act is amended by adding “or Minister” after “Fairness

Commissioner”.

Section 31 of the Act is amended by adding the following subsection:

Authority

to make regulations or by-laws

(2) A

regulated profession’s authority under any other Act to make regulations or

by-laws is subject to this Act.

12 Subsection 32 (1) of

the Act is repealed and the following substituted:

Immunity

(1) No

proceeding shall be commenced against the Fairness Commissioner or anyone employed

in the Office of the Fairness Commissioner for any act done or omitted in good

faith in the execution or intended execution of his or her duties under this

Act.

Same

(1.1) No

proceeding shall be commenced against anyone employed in the Ministry who provides

support to the Minister under

section 17 for any act done or omitted in good

faith in the execution or intended execution of their duties.

Section 33 of the Act is amended by striking out “nor anyone employed under

section 18” at the end of the portion before clause (

a) and substituting “nor

anyone employed in the Ministry who provides support to the Minister under

section

17”.

(1) Clause 34 (1) (

c) of the Act is repealed and the following

substituted:

(

c) establishing

time limits for compliance with any provision or provisions of this Act or the

regulations, including establishing a maximum time period within which a regulated

profession shall make a decision;

(c.1) requiring

regulated professions to implement expedited registration processes in case of

emergency and governing the expedited registration processes;

(c.2) governing

applicable to individuals applying for registration by regulated professions,

proficiency testing requirement for the purposes of the Act and the

regulations;

(c.3) governing

applications for an exemption from the prohibition relating to Canadian

experience described in subsection 10.2 (1), including prescribing the procedures

for applying for an exemption, the person or body to whom such an application

must be made, the information that shall be included in an application, and

when an exemption is necessary for the purposes of public health and safety;

(c.4) governing procedures for making an order

under

section 27.1:

(2) Clause

34 (1) (

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

(

f) respecting

the powers of the Fairness Commissioner;

(3) Clause

34 (1) (j.1) of the Act is repealed and the following substituted:

(j.1) varying

this Act as it applies to compulsory trades, as defined in the Building Opportunities in the Skilled Trades Act, 2021 ,

in such manner as the Lieutenant Governor in Council considers necessary in

order to ensure the effective administration and enforcement of this Act in

relation to compulsory trades;

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Working for Workers Act, 2021 receives

Royal Assent.

(2) Subsection

1 (3),

section 3 and subsection 14 (3) come into force on the later of the day

subsection 38 (1) of the Building Opportunities in the

Skilled Trades Act, 2021 comes into force and the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Section 4 of the Ministry of Agriculture, Food and Rural

Affairs Act is amended by adding the following subsection:

Functions

of Minister

(2) The

Minister may,

(

a) review

matters related to agriculture, food and rural affairs; and

(

b) establish

policies and provide recommendations, advice, coordination and assistance to

the Government in matters related to agriculture, food and rural affairs.

The Act is amended by adding the following section:

Collection

and use of information

4.1

(1) In this

section,

“personal

information” means personal information within the meaning of

section 38 of the

Freedom of Information and Protection of Privacy Act .

Collection,

use

(2) Subject

to the regulations, the Minister may collect information, including personal

information, directly or indirectly, for the following purposes and may use it

for those purposes:

1. To

exercise the powers and carry out the functions set out in

section 4.

2. To

support Canadian, provincial or municipal responses to urgent public health or

public safety concerns related to agriculture, food or rural affairs.

3. To

plan for or respond to emergencies related to agriculture, food or rural affairs.

4. To

further such purposes as may be prescribed for the purposes of this

section

relating to the following aspects of agriculture, food or rural affairs:

i. Food

safety.

ii. Animal

health or human health.

iii. Economic,

environmental or social interests.

Limits,

personal information

(3) The

Minister shall not collect, use or disclose personal information if other

information will serve the purpose of the collection, use or disclosure.

Same

(4) The

Minister shall not collect, use or disclose more personal information than is

reasonably necessary to serve the purpose of the collection, use or disclosure.

Notice

required by s. 39 (2) of FIPPA

(5) If

the Minister collects personal information indirectly under subsection (2), the

notice required by subsection 39 (2) of the Freedom of

Information and Protection of Privacy Act is given by,

(

a) a

public notice posted on the Government of Ontario’s website; or

(

b) any

other method that may be prescribed by regulation.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

purposes for the purposes of subsection (2);

(

b) prescribing

methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act ;

(

c) prescribing

limitations or restrictions on the collection or use of information.

Restriction,

prescribing purposes

(7) The

Lieutenant Governor in Council shall not make a regulation under clause (6) (

a) unless the Minister has conducted public consultation respecting the contents of

the proposed regulation.

Commencement

This

Schedule comes into force on the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health and Safety Act is amended

by adding the following section:

Duties

of owners — washroom access

29.1

(1) Subject

to subsection (2), the owner of a workplace shall ensure that access to a

washroom is provided, on request, to a worker who is present at the workplace

to deliver anything to the workplace, or to collect anything from the workplace

for delivery elsewhere.

Exceptions

(2) Access

to a washroom at a workplace is not required under subsection (1),

(

a) if

providing access would not be reasonable or practical for reasons relating to

the health or safety of any person at the workplace, including the worker who

requests to use a washroom;

(

b) if

providing access would not be reasonable or practical having regard to all the

circumstances, including, but not limited to, the nature of the workplace, the

type of work at the workplace, the conditions of work at the workplace, the

security of any person at the workplace and the location of the washroom within

the workplace; or

(

c) if

the washroom is in, or can only be accessed through, a dwelling.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section 96.1 of the Workplace Safety and Insurance Act,

1997 is repealed.

Subsection 97 (2) of the Act is repealed.

The Act is amended by adding the following sections:

Distribution

of surplus

97.1

(1) If the

amount of the insurance fund meets a sufficiency ratio that is equal to or

greater than 115 per cent and less than 125 per cent, the Board may distribute

any amount in excess of the amount prescribed under clause 100 (

c) that it

considers appropriate among

Schedule 1 employers having regard to such criteria

as may be prescribed and such other factors as the Board considers appropriate.

Same

(2) Except

in such circumstances as may be prescribed, if the amount of the insurance fund

meets a sufficiency ratio that is equal to 125 per cent,

(

a) the

Board shall distribute the difference in the amount prescribed under clause 100

(f.1) and the amount in the insurance fund among

Schedule 1 employers; or

(

b) if

no amount is prescribed under clause 100 (f.1), the Board shall distribute any

amount in excess of the amount prescribed under clause 100 (

c) that it

considers appropriate among

Schedule 1 employers having regard to such criteria

as may be prescribed and such other factors as the Board considers appropriate.

Distribution

of different amounts

(3) The

Board may determine that

Schedule 1 employers are to be distributed different

amounts under this

section having regard to such criteria as may be prescribed

and such other factors as the Board considers appropriate, including an

employer’s compliance with this Act.

distribution

(4) The

Board may determine that a

Schedule 1 employer is not to be distributed an

amount under this

section having regard to such criteria as may be prescribed

and such other factors as the Board considers appropriate, including an

employer’s compliance with this Act.

Timing

of disbursements

(5) Subject

to such requirements as may be prescribed, the Board may determine the timing

of disbursements made under this

section and may distribute amounts to

different

Schedule 1 employers at different times.

Form

of disbursements

(6) The

Board may determine the form of disbursements made under this section.

Same

(7) The

Board may distribute an amount to a

Schedule 1 employer under this

section in

more than one disbursement.

Determination

of amount in fund

(8) For

the purposes of this section, the sufficiency ratio of the insurance fund shall

be calculated in accordance with the method prescribed under clause 100 (f.5).

right of reconsideration or appeal

97.2 A determination made by

the Board regarding distributions or disbursements under

section 97.1 is not a

decision or a final decision of the Board for the purposes of

Part XI of this Act

and an employer has no right of reconsideration by, or appeal to, the Board or the

Tribunal in respect of a determination made by the Board under that section.

(1) Clauses 100 (b), (

c) and (

d) of the Act are repealed and the

following substituted:

(

b) prescribing

the date by which the insurance fund must become sufficient;

(

c) prescribing

the amount of the insurance fund required to make the fund sufficient by the

prescribed date or prescribing the method of determining that amount, including

any formula, ratio or percentage to be used to calculate the amount;

(2) Section

100 of the Act is amended by adding the following clauses:

(f.1) prescribing,

for the purposes of subsection 97.1 (2), an amount, expressed as a ratio or

percentage, that is greater than a sufficiency ratio of 115 per cent but less

than a sufficiency ratio of 125 per cent;

(f.2) prescribing

circumstances for the purposes of subsection 97.1 (2);

(f.3) prescribing

criteria for the purposes of

section 97.1;

(f.4) prescribing

requirements for the purposes of subsection 97.1 (5);

(f.5) prescribing

the method of calculating the sufficiency ratio for the purposes of

section

97.1, including any formula, ratio or percentage to be used to calculate the

amount;

Section 159 of the Act is amended by adding the following subsection:

Agreement

re administration of

Part VII

(11.1) The

Board may enter into an agreement with any person or entity for the purpose of

administering

Part VII.

Commencement

This

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

Lieutenant Governor.

Bill 27 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

SCHEDULE 1

EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

The

Employment Protection for Foreign Nationals Act, 2009

is amended to include a

prohibition against a recruiter or employer, in connection with the recruitment

or employment of a foreign national, knowingly using the services of a

recruiter who has charged a fee to a foreign national in contravention of

subsection 7 (1) of the Act. The Act is also amended to provide

that a recruiter who uses the services of another recruiter in connection with

the recruitment or employment of a foreign national, and if the recruiter who

uses those services is a corporation, the directors of that recruiter, are

jointly and severally liable to repay fees charged to the foreign national by

the other recruiter in contravention of subsection 7 (1) of the Act.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

The

Schedule amends the Employment Standards Act, 2000 .

New

Part VII.0.1 of the Act imposes a requirement on employers that employ 25

or more employees to have a written policy with respect to disconnecting from

work. The term “disconnecting from work” is defined to mean not engaging in

work-related communications, including emails, telephone calls, video calls or

the sending or reviewing of other messages, so as to be free from the

performance of work.

New

Part XV.1 of the Act prohibits employers from entering into employment

contracts or other agreements with an employee that are, or that include, a

non-compete agreement. Certain exceptions are provided for.

Part

XVIII.1 of the Act is amended to include licensing requirements for temporary

help agencies and recruiters. Here are some highlights:

New

sections 74.1.1 and 74.1.2 prohibit persons from operating as a temporary help

agency or acting as a recruiter without a licence for that purpose. A

prohibition against knowingly engaging or using the services of an unlicensed

temporary help agency or recruiter is also included.

The

Director has authority with respect to issuing licences and revoking and

suspending licences, subject to appeal powers given to the Ontario Labour

Relations Board.

The

Director is required to publish and maintain a record of information related to

licensing under

Part XVIII.1.

New

section 74.12.1 prohibits a recruiter or person acting on behalf of a recruiter

from taking reprisals against prospective employees on a variety of grounds,

such as asking the recruiter to comply with the Act.

Related

amendments are made to the Act and provision is also made for regulations to be

made by the Lieutenant Governor in Council.

Subsection

97 (3) and paragraph 2 of subsection 100 (4) of the Act are repealed.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

The

Fair Access to Regulated Professions and Compulsory Trades

Act, 2006 is amended in respect of various matters, including the

following:

Regulated

professions are required to ensure they comply with any regulations respecting

professions are also prohibited from including Canadian experience requirements

as qualifications for registration unless an exemption from the prohibition is

granted. Compliance orders may be issued if a regulated profession imposes

requirements that are prohibited under the Act.

section is added describing some ways in which the Minister may support the

access of internationally trained individuals to regulated professions and

providing that the Minister may make related grants.

Various

related amendments are made, including to the regulation-making powers.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Section

4 of the Ministry of Agriculture, Food and Rural Affairs

Act is amended to provide that the Ministry may review matters related

to agriculture, food and rural affairs and establish policies and provide

recommendations, advice, coordination and assistance to the Government in

matters related to agriculture, food and rural affairs.

New

section 4.1 of the Act authorizes the Minister to collect information,

including personal information, for the purposes set out in the section. The

section sets out limits with respect to the collection, use and disclosure of

personal information. Regulation-making powers are provided for.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health

and Safety Act is amended to require the owner of a workplace to provide

access to a washroom to persons making deliveries to or from the workplace.

Exceptions are provided for.

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

The

Schedule amends the Workplace Safety and Insurance Act,

1997 with respect to the insurance fund.

Section

96.1 of the Act and subsection 97 (2) of the Act are repealed.

New

section 97.1 provides that, in certain circumstances, the Board is permitted or

required to distribute amounts in the insurance fund in excess of specified amounts

among

Schedule 1 employers. New

section 97.2 provides that a determination made

by the Board under

section 97.1 cannot be reconsidered by, or appealed to, the

Board or the Tribunal. Related regulation-making authorities are added to

section

Section

159 of the Act is amended to provide that the Board may enter into an agreement

with any person or entity for the purpose of administering

Part VII (Employers

and their Obligations).

Bill 27 2021

Act to amend various statutes with respect to employment and labour and other

matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Employment

Protection for Foreign Nationals Act, 2009

Schedule 2

Employment

Standards Act, 2000

Schedule 3

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Schedule 4

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 5

Occupational

Health and Safety Act

Schedule 6

Workplace

Safety and Insurance Act, 1997

Her

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

Province of Ontario, enacts as follows:

Contents

of this 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.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(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 Working for Workers Act, 2021 .

SCHEDULE 1

EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

0.1 The Employment

Protection for Foreign Nationals Act, 2009 is amended by adding the following

section:

Prohibition against using recruiters

that charge fees

7.1 No recruiter or employer shall, in connection with the

recruitment or employment of a foreign national, knowingly use the services of

a recruiter who has charged a fee to a foreign national in contravention of

subsection 7 (1).

The heading before

section 17 of the Act is amended by adding “and Recruiters”

at the end.

Section 17 of the Act is amended by striking out “and 19” wherever it appears

and substituting in each case “18.1 and 19”.

The Act is amended by adding the following section:

Recruiters’

liability to repay fees, etc.

18.1

(1) A

recruiter who uses the services of another recruiter in connection with the

recruitment or employment of a foreign national, and if the recruiter who uses

those services is a corporation, the directors of that recruiter, are jointly

and severally liable to repay fees charged to the foreign national by the other

recruiter in contravention of subsection 7 (1).

Primary

responsibility

(2) Despite

subsection (1), the recruiter that charged the fee is primarily responsible to

repay the fee, but proceedings against the recruiter that charged the fee do

not have to be exhausted before proceedings may be commenced to collect the

fees from the other recruiter and the directors, if any.

Contribution

from other directors

(3) A

director who has satisfied a claim to repay fees is entitled to contribution in

relation to the repaid fees from other directors who are liable for the claim.

Limitation

periods

(4) A

limitation period established under

section 28 prevails over a limitation

period in any other Act, unless the other Act states that it is to prevail over

this Act.

Order

to repay fees

(5) For

the purposes of enforcing this section, an employment standards officer may

make an order in respect of both recruiters and the directors, if any,

described in subsection (1), and subsections 24 (2) and (7) apply with

necessary modifications.

Commencement

This

Schedule comes into force on the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 2

EMPLOYMENT STANDARDS ACT, 2000

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

is amended by adding the following

definitions:

“foreign national” has the same meaning

as in the Employment Protection for Foreign Nationals Act, 2009 ; (“étranger”)

“licence”

means a licence issued under

Part XVIII.1; (“ permis ”)

“recruiter”

has the meaning set out in the regulations; (“ recruteur ”)

Section 15 of the Act is amended by adding the

following subsection:

Retention

of disconnecting from work policies

(8.1) An

employer shall retain or arrange for some other person to retain copies of

every written policy on disconnecting from work required under

Part VII.0.1 for

three years after the policy ceases to be in effect.

The Act is amended by adding the following Part:

PART VII.0.1

WRITTEN POLICY ON DISCONNECTING FROM WORK

Interpretation

21.1.1 In this Part,

“disconnecting

from work” means not engaging in work-related communications, including emails,

telephone calls, video calls or the sending or reviewing of other messages, so

as to be free from the performance of work.

Written

policy on disconnecting from work

21.1.2

(1) An

employer that, on January 1 of any year, employs 25 or more employees shall,

before March 1 of that year, ensure it has a written policy in place for all

employees with respect to disconnecting from work that includes the date the

policy was prepared and the date any changes were made to the policy.

Copy

of policy

(2) An

employer shall provide a copy of the written policy with respect to

disconnecting from work to each of the employer’s employees within 30 days of

preparing the policy or, if an existing written policy is changed, within 30

days of the changes being made.

Same

(3) An

employer shall provide a copy of the written policy with respect to

disconnecting from work that applies to a new employee within 30 days of the

day the employee becomes an employee of the employer.

Prescribed

information

(4) A

written policy required under subsection (1) shall contain such information as

may be prescribed.

Transition

(5) Despite

subsection (1), an employer shall,

(

a) have

until the date that is six months after the day the Working

for Workers Act, 2021 receives Royal Assent instead of March 1 to comply

with the requirements of subsection (1); and

(

b) determine

whether it employs 25 employees or more as of the January 1 immediately

preceding the date described in clause (a).

The Act is amended by adding the following Part:

PART XV.1

NON-COMPETE AGREEMENTS

Definitions

67.1 In this Part, and for

the purposes of

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) insofar as matters concerning this Part are concerned,

“employee”

means an employee as defined in subsection 1 (1) and includes an applicant for

employment; (“employé”)

“employer”

means an employer as defined in subsection 1 (1) and includes a prospective

employer; (“employeur”)

“non-compete

agreement” means an agreement, or any part of an agreement, between an employer

and an employee that prohibits the employee from engaging in any business,

work, occupation, profession, project or other activity that is in competition

with the employer’s business after the employment relationship between the

employee and the employer ends. (“ clause de non-concurrence ”)

Prohibition

67.2

(1) No

employer shall enter into an employment contract or other agreement with an

employee that is, or that includes, a non-compete agreement.

Same

(2) For

greater certainty, subsection 5 (1) applies and if an employer contravenes

subsection (1), the non-compete agreement is void.

Exception

— sale, etc., of business

(3) If

there is a sale of a business or a part of a business and, as a part of the

sale, the purchaser and seller enter into an agreement that prohibits the

seller from engaging in any business, work, occupation, profession, project or

other activity that is in competition with the purchaser’s business after the

sale and, immediately following the sale, the seller becomes an employee of the

purchaser, subsection (1) does not apply with respect to that agreement.

Definition

(4) In this section,

“sale” includes a lease.

Exception

— executives

(4) Subsection (1) does not apply with respect

to an employee who is an executive.

Definitions

(5) In this section,

“executive”

means any person who holds the office of chief executive officer, president,

chief administrative officer, chief operating officer, chief financial officer,

chief information officer, chief legal officer, chief human resources of ficer or chief corporate development officer, or holds any

other chief executive position; (“ cadre supérieur ”)

“sale” includes a lease. (“ vente ”)

Clause 74 (1) (

a) of the Act is amended by striking out “or” at the end of

subclause (viii) and by adding the following subclause:

(ix) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1; or

The heading to

Part XVIII.1 of Act is amended by adding “AND RECRUITERS” at the

end.

Part XVIII.1 of the Act is amended by striking out the heading “Interpretation

and Application”.

The Act is amended by adding the following section:

Licensing

Types

of licences

74.1 The following are the

types of licences that may be issued under this Part:

1. A

licence to operate as a temporary help agency.

2. A

licence to act as a recruiter.

The Act is amended by adding the following sections:

Licence

to operate as temporary help agency

74.1.1

(1) No

person shall operate as a temporary help agency unless the person holds a

licence for that purpose.

Same

(2) No

client shall knowingly engage or use the services of a temporary help agency

unless the person who operates the temporary help agency holds a licence for

that purpose as required under subsection (1).

Licence

to act as recruiter

74.1.2

(1) No

person shall act as a recruiter unless the person holds a licence for that

purpose.

Same

(2) No employer or prospective employer No recruiter, employer or prospective

employer shall knowingly engage or use the services of a recruiter

unless the recruiter holds a licence for that purpose as required under

subsection (1).

The Act is amended by adding the following sections:

Application

for licence

74.1.3

(1) A person

may apply to the Director for a licence or a renewal of a licence by,

(

a) submitting

to the Director, in a written or electronic form approved by the Director,

(

i) the

legal name of the applicant, as well as any operating or business name of the

applicant, if different from the legal name,

(ii) the

address of every location where the applicant carries on business,

(iii) if

the applicant is a corporation, the name and address of each officer or

director of the corporation,

(iv) if

the applicant is a partnership, the name and address of each partner in the

partnership,

(

v) if the applicant engages or

uses the services of any person, other than an employee of the applicant, in

connection with the recruitment or employment of foreign nationals, as defined

in the Employment Protection for Foreign Nationals Act,

2009 , the name and address of each person so engaged or used and a

description of the person’s business, and

(vi) such other information as

may be prescribed;

(

v) if

the applicant is applying for a licence to act as a recruiter,

(

A) a

statement that the applicant is aware that subsection 7 (1) of the Employment Protection for Foreign

Nationals Act, 2009 prohibits a person who acts as a recruiter in connection

with the employment of a foreign national from directly or indirectly charging

the foreign national a fee for any service, good or benefit provided to the

foreign national,

(

B) a

statement that the applicant is aware that subsection 24 (2) of the Employment P rotection for Foreign Nationals Act,

provides that if an employment standards officer finds that a recruiter has

contravened

section 7 of that Act, the officer may order the recruiter to pay

the amount of the fees to the foreign national or to the Director of Employment

Standards in trust,

(

C) a

statement that the applicant is aware that subsection 27 (1) of the Employment Protection for Foreign

Nationals Act, 2009 provides that if an employment standards officer believes

that a person has contravened a provision of that Act, the officer may issue a

notice to the person setting out the officer’s belief and specifying the amount

of the penalty for the contravention,

(

D) a

statement that the applicant is aware that the Director shall refuse to issue a

licence or revoke or suspend a licence if the applicant has charged fees to a

foreign national in contravention of subsection 7 (1) of the Employment Protection for Fore ign Nationals Act, 2009 , and

(

E) a

statement confirming that the applicant has not charged fees to a foreign

national in contravention of subsection 7 (1) of the Employment Protection for Foreign

Nationals Act, 2009 ,

(vi) if the applicant engages or uses the services of any person, other than an employee of the

applicant, in connection with the recruitment or employment of foreign

nationals,

(

A) the

name and address of each person so engaged or used,

(

B) a

description of the person’s business,

(

C) a

statement confirming that the applicant has made reasonable inquiries about the

person’s business practices with respect to foreign nationals and is satisfied

that the person did not charge fees or collect a fee charged to a foreign

national in contravention of subsection 7 (1) of the Employment Protection for Foreign

Nationals Act, 2009 ,

(

D) a

statement that the applicant is aware that subsection 18.1 (1) of the Employment Protection for Foreign

Nationals Act, 2009 provides that a recruiter who uses the s ervices of another recruiter in connection with the

recruitment or employment of a foreign national is jointly and severa lly liable with the other recruiter to

repay fees charged to the foreign national by the other recruiter in

contravention of subsection 7 (1) of that Act, and

(

E) a

statement that the applicant is aware that the Director shall refuse to issue a

licence or revoke or suspend a licence if the applicant engages or uses the

services of a recruiter that charges fees to a foreign national in contravention

of subsection 7 (1) of t he

Employment Protection for Foreign Nationals Act, 2009 , and

(vii) such other information or statements as may be

prescribed;

(

b) paying such fees as may be prescribed;

(

c) providing the Director with such

security as may be prescribed; and

(

b) paying the prescribed fee;

(

c) providing the Director with the

prescribed security; and

(

d) complying

with any additional prescribed requirements.

Request

for information

(2) The

Director may request that an applicant provide to the Director, in the form and

within the time period specified by the Director, such information as may be

specified by the Director that is relevant to the decision as to whether or not

to issue a licence or renewal.

False

or misleading information

(3) No

person shall provide false or misleading information under this section.

Addresses

(4) For

greater certainty, a requirement to submit an address to the Director under

subsection (1) includes addresses in Ontario and outside of Ontario, including

outside of Canada.

Issuance

of licence

74.1.4 The Director shall

issue a licence to an applicant or renew an applicant’s licence if the

Director,

(

a) receives

an application under

section 74.1.3; and

(

b) is

satisfied that the applicant,

(

i) has

complied with any orders issued under this Act or the Employment

Protection for Foreign Nationals Act, 2009 , and

(ii) meets

the requirements set out in this Act and the regulations for the licence.

Refusal

to issue or renew licence

74.1.5

(1) On receipt

of an application under

section 74.1.3, the Director shall, in accordance with

the prescribed processes, if any, refuse to issue or renew a licence if,

(

a) the

applicant has not complied with an order issued under this Act or the Employment Protection for Foreign Nationals Act, 2009 ;

(a.1) the applicant has ever charged a

fee to a foreign national in contravention of subsection 7 (1) o f the Employment Protection for Foreign Nationals Act, 2009 or the applicant engages or uses the services of any pers on, other than an employee of the

applicant, that has ever charged a fee or collected a fee charged to a foreign

national in contravention of subsection 7 (1) of that Act;

(

b) the

applicant fails to meet the requirements set out in this Act and the regulations

for the licence; or

(

c) any

other prescribed circumstances exist.

Same

(2) On

receipt of an application under

section 74.1.3, the Director may, in accordance

with the prescribed processes, if any, refuse to issue or renew a licence if,

(

a) the

Director has reasonable grounds to believe that,

(

i) based

on the past or present conduct of the applicant, or any officers, directors or

representatives of the applicant, the applicant will not carry on business with

honesty and integrity and in accordance with the law, or

(ii) the

applicant has made a false or misleading statement or provided false or

misleading information in an application for a licence or a renewal of a

licence; or

(

b) any

other prescribed circumstances exist.

Revocation

or suspension of licence

74.1.6

(1) The

Director may, in accordance with the prescribed processes, if any, revoke or

suspend a licence on any ground on which the Director might have refused to

issue or renew the licence under subsection 74.1.5 (1) or (2).

Reinstatement

(2) If

the Director considers it appropriate to do so, the Director may reinstate a

licence that has been suspended.

Notice

requirements re: licences

Director

74.1.7

(1) If the

Director refuses to issue or renew a licence, or revokes or suspends a licence,

the Director shall serve notice of the refusal, revocation or suspension on the

applicant and shall provide the applicant with written reasons for the refusal,

revocation or suspension.

Temporary

help agency

(2) A

person whose licence to operate a temporary help agency is refused, revoked or

suspended shall give written notice of the refusal, revocation or suspension to

every client and assignment employee of the agency within 30 days after the day

on which the notice of refusal, revocation or suspension is served.

Recruiter

(3) A

person whose licence to act as a recruiter is refused, revoked or suspended

shall give written notice of the refusal, revocation or suspension to every

employer, prospective employer or prospective employee who has engaged or used

the services of the recruiter within 30 days after the day on which the notice

of refusal, revocation or suspension is served.

Applicant

for review

(4) If

a person applies for an application for review under subsection 74.1.13 (1),

the person shall include that information in the notice required under

subsection (2) or (3) of this section.

Terms

and conditions of licence

74.1.8 A licence is subject to

Licence

not transferable

74.1.9 A licence is not

transferable.

Expiry

of licence

74.1.10

(1) Subject

to subsection (2), a licence expires one year after the date it was issued or

renewed or on the expiration of such longer period as may be prescribed.

Same,

renewal application

(2) If,

before a person’s licence expires, the person applies for a licence renewal in

accordance with

section 74.1.3, the licence remains valid until the licence is

renewed or notice of the refusal to renew the licence is served.

Voluntary

cancellation

74.1.11

(1) The Director

may cancel a licence upon the request, in writing, of the licensee.

Same,

notice

(2) Subsections

74.1.7 (2) and (3) apply with necessary modifications if a licence is cancelled

under this section.

Public

record

74.1.12

(1) The

Director shall publish and maintain, in accordance with such requirements as

may be prescribed, a public record of the following on a website of the

Government of Ontario:

1. The

name of every person licensed under this Act, the date the person’s licence was

issued or renewed and the date the person’s licence expires.

2. The

name of every person whose licence has been revoked or suspended under this Act

and the date of the revocation or suspension.

3. Any

other prescribed information.

Freedom

of information legislation

(2) The

disclosure of personal information in a public record under this

section is

deemed to be in compliance with clause 42 (1) (

e) of the Freedom

of Information and Protection of Privacy Act .

Application

for review

74.1.13

(1) A person

whose application for a licence has been refused under

section 74.1.5 or whose

licence has been revoked or suspended under

section 74.1.6 is entitled to a

review of the refusal, revocation or suspension by the Board if the person

applies to the Board, in writing, for a review within the period set out in

subsection (2).

Period

for applying for review

(2) An

application for a review under subsection (1) shall be made within 30 days

after the day on which notice of the refusal, revocation or suspension is

served.

Hearing

(3) Subject

to subsection 118 (2), the Board shall hold a hearing for the purposes of the

review.

Same,

timelines

(4) A

review hearing shall be conducted in accordance with any timelines prescribed.

Parties

(5) The

parties to the review are the applicant for review and the Director.

Powers

of Board

(6) The

Board may, with necessary modifications, exercise the powers conferred on the

Director under this Part and may substitute its findings for those of the

Director.

Same

(7) Without

limiting the generality of subsection (6), on a review under this section, the

Board may uphold the Director’s decision, vary or set aside the Director’s

decision or issue, renew or reinstate a licence.

Notice

of decision

(8) If

the Board upholds the Director’s decision to refuse to issue or renew, or to

revoke or suspend, a person’s licence to operate a temporary help agency, the

person shall give written notice of the refusal, revocation or suspension to

every client and assignment employee of the agency within 30 days after the

Board issues its decision.

Same

(9) If

the Board upholds the Director’s decision to refuse to issue or renew, or to

revoke or suspend, a person’s licence to act as a recruiter, the person shall

give written notice of the refusal, revocation or suspension to every employer,

prospective employer and prospective employee who has engaged or used the

services of the recruiter within 30 days after the Board issues its decision.

Certain

review provisions applicable

(10) Subsections

116 (8) and (9),

section 118 and subsections 119 (3), (4), (5), (13) and

(14) apply, with necessary modifications, to a review under this section.

Further

application

74.1.14 No applicant who is

refused a licence or renewal of a licence or whose licence is revoked may apply

to the Director for a licence unless,

(

a) at

least two years have passed since the refusal or revocation; or

(

b) the

applicant satisfies the Director that new evidence is available.

Director’s

authorization

74.1.15

(1) The

Director may authorize an individual employed in the Ministry to exercise a

power conferred on the Director under sections 74.1 to 74.1.14, either orally

or in writing.

Residual

power

(2) The

Director may exercise a power conferred on the Director under sections 74.1 to

74.1.14 even if the Director has delegated it to an individual under subsection

(1).

Duty

re: policies

(3) An

individual authorized by the Director under subsection (1) shall follow any

policies established by the Director under subsection 88 (2).

The Act is amended by adding the following section:

Interpretation

and Application

Definitions

74.2 For the purposes of

sections 5, 102 and 102.1,

Part XXVII (Regulations) and such other sections of

this Act as may be prescribed insofar as matters concerning this Part are concerned,

“employee”

means an employee as defined in subsection 1 (1) and includes a prospective

assignment employee or a prospective employee who engages or uses the services

of a recruiter to find employment in Ontario; (“ employé ”)

“employer”

means an employer as defined in subsection 1 (1) and includes a client of a

temporary help agency, a recruiter or a prospective employer who engages or

uses the services of a recruiter to find or attempt to find an employee.

(“employeur”)

Section 74.2.1 of the Act is amended by adding “Unless otherwise prescribed” at

the beginning.

Subsection 74.4.2 (1) of the Act is repealed and the following substituted:

Client

to keep records re: work for client

(1) A

client of a temporary help agency shall record the following information:

1. The

name of each assignment employee assigned to perform work for the client.

2. The

number of hours worked by each assignment employee assigned to perform work for

the client in each day and each week.

The Act is amended by adding the following section:

Recruiters

to keep records

74.4.3

(1) A

recruiter shall record the following information:

1. The

name of each prospective employee who uses the recruiter to find or attempt to

find employment.

2. The

name and address of each employer or prospective employer who has engaged or

used the services of the recruiter.

3. Such

other information as may be prescribed.

Records

retention

(2) The

recruiter shall retain or arrange for some other person to retain the records

required under subsection (1) for three years after the recruiter ceases to

provide services to the prospective employee, employer or prospective employer.

Availability

for inspection

(3) The

recruiter 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 recruiter has arranged for another person to

retain them.

Section 74.8 of the Act is amended by adding the following subsection:

Same

(3.1) Subsection

(2) does not apply if the Director,

(

a) refuses

to issue or renew a licence under

section 74.1.5 and the client enters into an

employment relationship with the employee after the refusal;

(

b) revokes

the licence to operate the temporary help agency under

section 74.1.6 and the

client enters into an employment relationship with the assignment employee

after the revocation;

(

c) suspends

the licence to operate the temporary help agency under

section 74.1.6 and the

client enters into an employment relationship with the assignment employee

while the licence is suspended; or

(

d) cancels

the licence under

section 74.1.11 and the client enters into an employment

relationship with the assignment employee after the cancellation.

Section 74.10.1 of the Act is amended by adding the following subsection:

Same

(5) For

greater certainty, for the purposes of clause (4) (b), if an assignment is

terminated because the Director has refused to issue or renew, or has revoked

or suspended, a licence to operate a temporary help agency under

section 74.1.5

or 74.1.6, the assignment has not become impossible to perform or been

frustrated by a fortuitous or unforeseeable event or circumstance.

Clause 74.12 (1) (

a) of the Act is amended by striking out “or” at the end of

subclause (viii) and by adding the following subclause:

(ix) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1; or

The Act is amended by adding the following

section immediately before the

heading “Enforcement”:

Reprisal

by Recruiter

Reprisal

by recruiter prohibited

74.12.1

(1) No

recruiter or person acting on behalf of a recruiter shall intimidate or

penalize, or attempt or threaten to intimidate or penalize, a prospective

employee who engages or uses the services of the recruiter because the

prospective employee,

(

a) asks

the recruiter to comply with this Act and the regulations;

(

b) gives

information to an employment standards officer;

(

c) testifies

or is required to testify or otherwise participates or is going to participate

in a proceeding under this Act; or

(

d) makes

inquiries about whether a person holds a licence to operate as a temporary help

agency or a licence to act as a recruiter as required under

Part XVIII.1.

Onus

of proof

(2) Subject

to subsection 122 (4), in any proceeding under this Act, the burden of proof

that a recruiter did not contravene a provision set out in this

section lies

upon the recruiter.

The Act is amended by adding the following section:

Order

re: recruiter reprisal

74.19

(1) If an

employment standards officer finds that

section 74.12.1 has been contravened

with respect to a prospective employee who engages or uses the services of a

recruiter, the officer may order that the prospective employee be compensated

for any loss incurred as a result of the contravention.

Terms

of order

(2) If

an order issued under this

section requires the recruiter to compensate a

prospective employee that has engaged or used the services of the recruiter, it

shall also require the recruiter to,

(

a) pay

to the Director in trust,

(

i) the

amount of the compensation, and

(ii) an

amount for administration costs equal to the greater of $100 and 10 per cent of

the amount of compensation; or

(

b) pay

the amount of the compensation to the prospective employee.

Application

of s. 103 (3) to (9)

(3) Subsections

103 (3) to (9) apply with respect to orders issued under this

section with

necessary modifications, including but not limited to the following:

1. A

reference to an employer is a reference to a recruiter.

2. A

reference to an employee is a reference to a prospective employee that has

engaged or used the services of a recruiter.

Subsection 97 (3) of the Act is repealed.

Paragraph 2 of subsection 100 (4) of the Act is repealed.

(1) Subsection 108 (3) of the Act is amended by adding “74.19” after

“74.17”.

(2) Paragraph

1 of subsection 108 (4) of the Act is amended by adding “a recruiter or a

prospective employer who engages or uses the services of a recruiter to find or

attempt to find an employee” at the end.

(3) Paragraph

2 of subsection 108 (4) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Subsection 109 (1) of the Act is amended by adding “74.19” after “74.17”.

Subsection 110 (1) of the Act is amended by adding “74.19” after “74.17”.

(1) Section 112 of the Act is amended by adding the following

subsection:

Same

(7.1) For

greater certainty, no person shall enter into a settlement that would permit or

require a temporary help agency or recruiter to operate or continue to operate

without a licence in contravention of this Act.

(2) Paragraph

1 of subsection 112 (9) of the Act is amended by adding “a recruiter or a

prospective employer who engages or uses the services of a recruiter to find or

attempt to find an employee” at the end.

(3) Paragraph

2 of subsection 112 (9) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Subsection 113 (7) of the Act is amended by adding “74.19” after “74.17”.

(1) Paragraph 1 of subsection 114 (6) of the Act is amended by adding

“a recruiter or a prospective employer who engages or uses the services of a

recruiter to find or attempt to find an employee” at the end.

(2) Paragraph

2 of subsection 114 (6) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

(1) Paragraph 1 of subsection 115 (1.1) of the Act is amended by

adding “a recruiter or a prospective employer who engages or uses the services

of a recruiter to find or attempt to find an employee” at the end.

(2) Paragraph

2 of subsection 115 (1.1) of the Act is amended by striking out “or prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Section 115.1 of the Act is amended by striking out “or a prospective

assignment employee” at the end and substituting “a prospective assignment

employee or a prospective employee who engages or uses the services of a

recruiter to find employment in Ontario”.

Section 116 of the Act is amended by adding “74.19” after “74.17” wherever it

appears.

Subsection 129 (3) of the Act is amended by adding “74.19” after “74.17”.

Subsection 133 (1) of the Act is repealed and the following substituted:

Additional

orders

(1) If

an employer is convicted under

section 132 of contravening

section 74 or

paragraph 4, 6, 7 or 10 of subsection 74.8 (1), if a client is convicted under

section 132 of contravening

section 74.12 or if a recruiter is convicted under

section 132 of contravening

section 74.12.1, the court shall, in addition to

any fine or term of imprisonment that is imposed, order that the employer,

client or recruiter, as the case may be, take specific action or refrain from

taking specific action to remedy the contravention.

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

subsection:

Transitional

regulations

(2.0.3.5) 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 Working for Workers Act, 2021 .

(2) Subsection

141 (2.0.4) of the Act is amended by striking out “or (2.0.3.4)” wherever it

appears and substituting in each case “(2.0.3.4) or (2.0.3.5)”.

(3) Section

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

Regulations

re:

Part XVIII.1

(2.6) The

Lieutenant Governor in Council may make regulations respecting the licensing of

temporary help agencies and recruiters under

Part XVIII.1 (Temporary Help

Agencies and Recruiters), and without restricting the generality of the

foregoing, may make regulations,

(

a) governing

requirements for the issuance or renewal of a licence, including requirements

relating to compliance with laws that apply to the applicant;

(

b) governing

applications for the issuance or renewal of a licence including requiring

information to be provided for different types of licences, which may include

information about compliance with laws that apply to the applicant;

(

c) prescribing

circumstances in which an application for the issuance or renewal of a licence

may be refused, which may include non-compliance with laws that apply to the

applicant;

(

d) prescribing

circumstances in which a licence may be revoked or suspended, which may include

non-compliance with laws that apply to the applicant;

(

e) prescribing

the processes to be followed by the Director in refusing to issue or renew a

licence under

section 74.1.5, which shall include providing an applicant with

an opportunity to show evidence of compliance with licensing requirements

before the licence or renewal is refused;

(

f) prescribing

the processes to be followed by the Director in revoking or suspending a

licence under

section 74.1.6, which shall include providing an applicant with

an opportunity to show evidence of compliance with licensing requirements

before the licence is revoked or suspended;

(

g) governing

(

h) governing

licensing fees, including prescribing the amount of fees or the manner of

determining fees, and prescribing the manner in which and the period within

which fees must be paid;

(

i) governing

security for licensing, including prescribing the amount of security and

prescribing the manner in which and the method by which security must be

provided to the Director and the uses for which security may be used, including

to satisfy obligations owing under this Act or under the Employment

Protection for Foreign Nationals Act, 2009 ;

(

j) governing

the public record that the Director is required to publish and maintain under

section 74.1.12;

(

k) prescribing

timelines for the purposes of review hearings held under

section 74.1.13 and

providing that the Board may grant extensions to those timelines;

(

l) governing

the application of

Part XVIII.1 for the purposes of

section 74.2.1.

Same,

retroactive regulations

(2.7) A

regulation made under paragraph 3 of subsection (1) in respect of the

application of

Part XVIII.1 is, if it so provides, effective with reference to

a period before it is filed.

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

force on the day the Working for Workers Act, 2021 receives

Royal Assent.

(2) Sections

1, 5 to 19 and 22 to 32 and subsection 33 (3) come into force on a day to be

named by proclamation of the Lieutenant Governor.

(3) Section

4 is deemed to have come into force on October 25, 2021.

SCHEDULE 3

FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

(1) The definition of “Access Centre” in

section 2 of the Fair Access to Regulated Professions and Compulsory Trades Act,

2006 is repealed.

(2) Section

2 of the Act is amended by adding the following definition:

“Canadian

experience” has the meaning prescribed by the regulations; (“expérience

canadienne”)

(3) The

definition of “compulsory trade” in

section 2 of the Act is repealed.

(4) Section

2 of the Act is amended by adding the following definition:

“Ministry”

means the Ministry of the Minister; (“ministère”)

Section 4 of the Act is amended by adding the following subsections:

Delegation

of powers

(2) Any

power or duty conferred or imposed on the Minister under

section 10.2 or 27.1

may be delegated by the Minister to the Fairness Commissioner or any person

employed in the Ministry and, when purporting to exercise a delegated power or

duty, the delegate shall be presumed conclusively to act in accordance with the

delegation.

Delegation

subject to conditions

(3) A

delegation under subsection (2) shall be in writing and may be subject to such

limitations, conditions and requirements as are set out in it.

Subsection 5 (2) of the Act is repealed and the following substituted:

Compulsory

trades

(2) This

Act applies to Skilled Trades Ontario in respect of compulsory trades as

defined in the Building Opportunities in the Skilled

Trades Act, 2021 , in the same manner and to the same extent as if a

reference in this Act to a regulated profession were a reference to Skilled

Trades Ontario.

Section 8 of the Act is amended by adding the following subsection:

Expedited

processes in case of emergency

(2) A

regulated profession shall ensure that, in case of emergency, it complies with

any regulations respecting expedited registration processes that may apply.

The Act is amended by adding the following sections:

Language

proficiency

10.1 A regulated profession

language proficiency testing requirements.

Canadian

experience

10.2

(1) A regulated

profession shall not require as a qualification for registration that a

person’s experience be Canadian experience, unless an exemption from the

prohibition is granted by the Minister for the purposes of public health and

safety in accordance with the regulations.

Application

for exemption

(2) A

regulated profession may apply for an exemption referred to in subsection

(1) by submitting appropriate supporting documentation and providing reasons that

an exemption is necessary for the purposes of public health and safety.

Same

(3) An

application referred to in subsection (2) shall include the information

prescribed by the regulations, if any, and be submitted in accordance with the

procedures prescribed by the regulations.

Review

of application

(4) The Fairness Commissioner shall review an application

for an exemption and make a recommendation to the Minister as to whether the

exemption should be permitted.

Determination

by Minister

(5) The

Minister shall determine whether to grant the exemption.

Same

(6) Subject

to subsection (7), if a regulated profession has a requirement described in

subsection (1) contrary to that subsection more than two years after the day

section 5 of

Schedule 3 to the Working for Workers Act,

2021 comes into force, the requirement is deemed to be void on and after

that day.

Temporary

exemption

(7) The

Minister may grant a temporary exemption from the prohibition in subsection

(1) during the period that the Minister is considering an application for

exemption.

Part V of the Act is repealed and the following substituted:

PART V

SUPPORTING ACCESS OF INTERNATIONALLY TRAINED INDIVIDUALS TO REGULATED

PROFESSIONS

Supporting

access

(1) For

the purposes of the administration of this Act, the Minister may support the

access of internationally trained individuals to regulated professions by, for

example,

(

a) providing

information and assistance to internationally trained individuals who are

applicants or potential applicants for registration by a regulated profession

with respect to the requirements for registration and the procedures for

applying;

(

b) conducting

research, analyzing trends and identifying issues related to the purposes of

this Act or to the registration of internationally trained individuals by

regulated professions; and

(

c) providing

information to organizations that deal with internationally trained

individuals, such as ministries, government agencies, regulated professions,

community agencies, educational and training institutions and employers, on

government programs and services that support the registration of

internationally trained individuals in the regulated professions and on fair registration processes within such organizations.

Same

(2) The

Minister may make grants for the purposes of subsection (1) on such terms as

may be prescribed by the regulations and on such other terms as the Minister

considers proper.

(1) Subsection 26 (2) of the Act is amended by adding “Subject to

subsection (3)” at the beginning.

(2) Section

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

Order

re language proficiency

(3) If

the Fairness Commissioner concludes that a regulation or by-law made by a

requirement that contravenes the regulations made under this Act, the Fairness

Commissioner may make an order under subsection (1) requiring the regulated

profession to exercise any power or powers that it has to amend or revoke the

regulation or by-law made by the regulated profession.

The Act is amended by adding the following section:

Compliance

orders, Minister

27.1 If the Minister

concludes that a regulation or by-law made by a regulated profession includes a

Canadian experience requirement contrary to subsection 10.2 (1), the Minister

may make an order requiring the regulated profession to

exercise any power or powers that it has to amend or revoke the regulation or

by-law.

Section 28 of the Act is amended by adding “or Minister” after “Fairness

Commissioner”.

Subsection 29 (2) of the Act is amended by adding “or Minister” after “Fairness

Commissioner”.

Section 31 of the Act is amended by adding the following subsection:

Authority

to make regulations or by-laws

(2) A

regulated profession’s authority under any other Act to make regulations or

by-laws is subject to this Act.

12 Subsection 32 (1) of

the Act is repealed and the following substituted:

Immunity

(1) No

proceeding shall be commenced against the Fairness Commissioner or anyone

employed in the Office of the Fairness Commissioner for any act done or omitted

in good faith in the execution or intended execution of his or her duties under

this Act.

Same

(1.1) No

proceeding shall be commenced against anyone employed in the Ministry who

provides support to the Minister under

section 17 for any act done or omitted

in good faith in the execution or intended execution of their duties.

Section 33 of the Act is amended by striking out “nor anyone employed under

section 18” at the end of the portion before clause (

a) and substituting “nor

anyone employed in the Ministry who provides support to the Minister under

section

17”.

(1) Clause 34 (1) (

c) of the Act is repealed and the following

substituted:

(

c) establishing

time limits for compliance with any provision or provisions of this Act or the

regulations, including establishing a maximum time period within which a regulated

profession shall make a decision;

(c.1) requiring

regulated professions to implement expedited registration processes in case of

emergency and governing the expedited registration processes;

(c.2) governing

applicable to individuals applying for registration by regulated professions,

proficiency testing requirement for the purposes of the Act and the

regulations;

(c.3) governing

applications for an exemption from the prohibition relating to Canadian

experience described in subsection 10.2 (1), including prescribing the procedures

for applying for an exemption, the person or body to whom such an application

must be made, the information that shall be included in an application, and

when an exemption is necessary for the purposes of public health and safety;

(c.4) governing procedures for making an order

under

section 27.1:

(2) Clause

34 (1) (

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

(

f) respecting

the powers of the Fairness Commissioner;

(3) Clause

34 (1) (j.1) of the Act is repealed and the following substituted:

(j.1) varying

this Act as it applies to compulsory trades, as defined in the Building Opportunities in the Skilled Trades Act, 2021 ,

in such manner as the Lieutenant Governor in Council considers necessary in

order to ensure the effective administration and enforcement of this Act in

relation to compulsory trades;

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Working for Workers Act, 2021 receives

Royal Assent.

(2) Subsection

1 (3),

section 3 and subsection 14 (3) come into force on the later of the day

subsection 38 (1) of the Building Opportunities in the

Skilled Trades Act, 2021 comes into force and the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 4

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Section 4 of the Ministry of Agriculture, Food and Rural

Affairs Act is amended by adding the following subsection:

Functions

of Minister

(2) The

Minister may,

(

a) review

matters related to agriculture, food and rural affairs; and

(

b) establish

policies and provide recommendations, advice, coordination and assistance to

the Government in matters related to agriculture, food and rural affairs.

The Act is amended by adding the following section:

Collection

and use of information

4.1

(1) In this

section,

“personal

information” means personal information within the meaning of

section 38 of the

Freedom of Information and Protection of Privacy Act .

Collection,

use

(2) Subject

to the regulations, the Minister may collect information, including personal

information, directly or indirectly, for the following purposes and may use it

for those purposes:

1. To

exercise the powers and carry out the functions set out in

section 4.

2. To

support Canadian, provincial or municipal responses to urgent public health or

public safety concerns related to agriculture, food or rural affairs.

3. To

plan for or respond to emergencies related to agriculture, food or rural

affairs.

4. To further such purposes related

to agriculture, food or rural affairs as may be prescribed for the purpose of

this subsection.

4. To further such purposes as may

be prescribed for the purposes of this

section relating to the following

aspects of agriculture, food or rural affairs:

i. Food

safety.

ii. Animal

health or human health.

iii. Economic,

environmental or social interests.

Limits,

personal information

(3) The

Minister shall not collect, use or disclose personal information if other

information will serve the purpose of the collection, use or disclosure.

Same

(4) The

Minister shall not collect, use or disclose more personal information than is

reasonably necessary to serve the purpose of the collection, use or disclosure.

Notice

required by s. 39 (2) of FIPPA

(5) If

the Minister collects personal information indirectly under subsection (2), the

notice required by subsection 39 (2) of the Freedom of

Information and Protection of Privacy Act is given by,

(

a) a

public notice posted on the Government of Ontario’s website; or

(

b) any

other method that may be prescribed by regulation.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

purposes for the purposes of subsection (2);

(

b) prescribing

methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act ;

(

c) prescribing

limitations or restrictions on the collection or use of information.

Restriction,

prescribing purposes

(7) The

Lieutenant Governor in Council shall not make a regulation under c lause (6) (

a) unless the Minister has conducted public consultation respecting the

contents of the proposed regulation.

Commencement

This

Schedule comes into force on the day the Working for

Workers Act, 2021 receives Royal Assent.

SCHEDULE 5

OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health and Safety Act is amended

by adding the following section:

Duties

of owners — washroom access

29.1

(1) Subject

to subsection (2), the owner of a workplace shall ensure that access to a

washroom is provided, on request, to a worker who is present at the workplace

to deliver anything to the workplace, or to collect anything from the workplace

for delivery elsewhere.

Exceptions

(2) Access

to a washroom at a workplace is not required under subsection (1),

(

a) if

providing access would not be reasonable or practical for reasons relating to

the health or safety of any person at the workplace, including the worker who

requests to use a washroom;

(

b) if

providing access would not be reasonable or practical having regard to all the

circumstances, including, but not limited to, the nature of the workplace, the

type of work at the workplace, the conditions of work at the workplace, the

security of any person at the workplace and the location of the washroom within

the workplace; or

(

c) if

the washroom is in, or can only be accessed through, a dwelling.

Commencement

This

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

Lieutenant Governor.

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section 96.1 of the Workplace Safety and Insurance Act,

1997 is repealed.

Subsection 97 (2) of the Act is repealed.

The Act is amended by adding the following sections:

Distribution

of surplus

97.1

(1) If the

amount of the insurance fund meets a sufficiency ratio that is equal to or

greater than 115 per cent and less than 125 per cent, the Board may distribute

any amount in excess of the amount prescribed under clause 100 (

c) that it

considers appropriate among

Schedule 1 employers having regard to such criteria

as may be prescribed and such other factors as the Board considers appropriate.

Same

(2) Except

in such circumstances as may be prescribed, if the amount of the insurance fund

meets a sufficiency ratio that is equal to 125 per cent,

(

a) the

Board shall distribute the difference in the amount prescribed under clause 100

(f.1) and the amount in the insurance fund among

Schedule 1 employers; or

(

b) if

no amount is prescribed under clause 100 (f.1), the Board shall distribute any

amount in excess of the amount prescribed under clause 100 (

c) that it

considers appropriate among

Schedule 1 employers having regard to such criteria

as may be prescribed and such other factors as the Board considers appropriate.

Distribution

of different amounts

(3) The

Board may determine that

Schedule 1 employers are to be distributed different

amounts under this

section having regard to such criteria as may be prescribed

and such other factors as the Board considers appropriate, including an

employer’s compliance with this Act.

distribution

(4) The

Board may determine that a

Schedule 1 employer is not to be distributed an

amount under this

section having regard to such criteria as may be presc