Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999 Flaherty, Hon. Jim Minister of Labour — Bill 17 (36th Parliament, 3rd Session)

Bill 17, 36-3

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Bill 17, Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999

Flaherty, Hon. Jim Minister of Labour

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Royal Assent

[36] Bill 17 Royal Assent (PDF)

Bill 17

Bill 171999

An Act respecting Labour Mobility in the Construction Industry

aimed at Restricting Access to Those Taking Advantage of Ontario's Policy of

Free Mobility

Preamble

Ontario contractors, workers in the construction industry and aggregate

haulers experience barriers to working and doing business in other

jurisdictions because of unfair, discriminatory or restrictive practices in

those other jurisdictions while contractors, workers in the construction

industry and aggregate haulers from those other jurisdictions are able to

work in Ontario without similar barriers.

The unemployment rate in the construction industry in Ontario is higher

than the overall unemployment rate in Ontario. There are areas in Ontario

where there is unequal access to business and job opportunities between

jurisdictions, creating a potential for violence and social disruption, and

where regional economic development is an important objective.

It is recognized that employment opportunities in those areas for Ontario

residents would be enhanced and more equal access to business and job

opportunities would be created by introducing measures aimed at restricting

access to those taking advantage of Ontario's policy of free mobility.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

(1) In this Act, "

bid" means documentation submitted by a contractor in response to a tender

for a construction contract; ("soumission") "

construction" includes all work in or about,

(a)constructing, altering, decorating, repairing, demolishing, erecting or

remodelling the whole or any part of a building or structure,

(b)laying pipe and conduit above or below ground level,

(c)excavating, tunnelling, fencing, grading, paving, land clearing and

bridging,

(d)building a highway, as defined in

section 1 of the Highway Traffic

Act ,

(e)carrying out the prescribed activities, and

(f)providing consulting services, including architectural or engineering

services, with respect to the matters set out in clauses (

a) to (e);

("construction") "

contractor" means a person who enters into a contract and includes a

subcontractor; ("entrepreneur") "

designated area" means an area in Ontario that is prescribed as a

designated area under

section 25 or, if no area is prescribed, all of

Ontario; ("secteur dsign") "

designated jurisdiction" means a province or territory that is prescribed

as a designated jurisdiction under

section 25; ("territoire dsign") "

Director" means the Director of the Office; ("directeur") "

Minister" means the Minister of Labour"\; ("ministre") "

municipality" includes a regional or district municipality and the County

of Oxford; ("municipalit") "

Office" means the Jobs Protection Office established under

section 16;

("Bureau") "

person resident in a designated jurisdiction" means,

(a)in the case of an individual or a sole proprietor, a person who is

ordinarily resident in that jurisdiction,

(b)in the case of a corporation,

(i)a person whose head office or registered office is located in that

jurisdiction, or

(ii)a person controlled directly or indirectly by a person described in

subclause (i), and

(c)in the case of a partnership, a partnership that includes at least one

partner who is resident in that jurisdiction under clause (

a) or (b);

("personne qui rside dans un territoire dsign") "

prescribed" means prescribed by the regulations made under this Act.

("prescrit")

Same

(2) For the purposes of subclause (b) (ii) of the definition of "person

resident in a designated jurisdiction" in subsection (1), "

controlled" has the same meaning as in subsection 1 (5) of the

Business Corporations Act .

PART I

CONSTRUCTION CONTRACTORS

Register with Office

(1) No person resident in a designated jurisdiction

shall enter into or submit a bid for a construction contract for work in a

designated area without first registering with the Office.

Same

(2) The Director shall register a contractor that is a corporation if the

contractor,

(a)provides proof of its corporate status and a detailed auditor's

statement from a person licensed under the Public Accountancy Act

certifying that its working capital ratio is at least 1.1 to 1 for the

current fiscal year;

(b)posts security as prescribed in the amount of $10,000;

(c)pays the fee set by the Director; and

(d)satisfies any other prescribed requirements.

Same

(3) The Director shall register a contractor that is not a corporation if

the contractor,

(a)provides proof of its business status and detailed financial statements

in a form approved by the Director;

(b)posts security as prescribed in the amount of $10,000;

(c)pays the fee set by the Director; and

(d)satisfies any other prescribed requirements.

Annual registration

(4) A registration under this

section is effective for one year.

Business Names Act registration

(1) A person who is required to be registered under

section 2 shall not be registered under

section 4 of the Business Names

Act unless the person provides proof of registration under

section

Limited Partnerships Act

(2) A declaration under the Limited Partnerships Act with respect

to a limited partnership that is or will be contracting for construction work

shall not be accepted for filing if any of the general partners are persons

required to be registered under

section 2 unless all of those persons provide

proof of registration under

section 2.

Where void

(3) A registration or filing made in contravention of this

section is

void.

Immunity

(4) No proceeding shall be commenced against a person with respect to a

decision concerning a registration or a filing that contravenes this

section.

Application of

section

(1) This

section applies with respect to legislation

that is designated legislation under the Safety and Consumer Statutes

Administration Act, 1996 if an administrative authority is designated

under that Act to administer that designated legislation.

Registration requirement, corporations

(2) A contractor required to be registered under

section 2 shall not be

certified, registered, licensed or issued a permit or authorization under a

provision of legislation to which this

section applies unless it provides

proof of registration under

section 2.

Where void

(3) A certification, registration, licensing or issuance of a permit or

authorization made in contravention of this

section is void.

Immunity

(4) No proceeding shall be commenced against a person with respect to a

decision concerning the issuance of a certificate, registration, license,

permit or authorization that contravenes this section.

Further registration requirements

(1) No contractor who is required to be registered

under

section 2 shall be certified, registered, licensed or issued a permit

or authorization under the prescribed legislation or the by-laws of the

prescribed municipalities authorized under prescribed legislation unless the

contractor provides proof of registration under

section 2 and of compliance

with sections 3 and 4, if they apply with respect to the contractor.

Where void

(2) A certification, registration, licensing or issuance of a permit or

authorization made in contravention of this

section is void.

Immunity

(3) No proceeding shall be commenced against a person with respect to a

decision concerning the issuance of a certificate, registration, license,

permit or authorization that contravenes this section.

Requirements for placing bids

(1) No contractor who is required to be registered

under

section 2 shall present a bid with respect to a construction contract

for work in a designated area unless the contractor provides proof of

registration under

section 2 and all of the following that apply with respect

to the contractor:

1.Proof of having registered under the Business Names Act in

accordance with subsection 3 (1).

2.Proof of having filed a declaration under the Limited Partnerships

Act in accordance with subsection 3 (2).

3.Proof of having been certified, registered, licensed or issued a permit

or authorization to which

section 4 applies in accordance with that

section.

4.Proof of having filed a return or a notice under the Corporations

Information Act .

Contract voidable

(2) If a contract is awarded to a contractor who presented a bid for it in

contravention of subsection (1), the contract is voidable by the person who

awarded the contract.

Restriction on awarding construction contracts, Ontario

(1) The Government of Ontario shall not award a

construction contract to a contractor who is required to be registered under

section 2.

Same, agencies, etc.

(2) The prescribed agencies, boards and commissions shall not award a

construction contract to a contractor who is required to be registered under

section 2.

Same, municipalities and other bodies

(3) The municipalities and other bodies set out in the

Schedule to the

Pay Equity Act shall not award a construction contract for work in a

designated area to a contractor who is required to be registered under

section 2.

Same, corporations

(4) The prescribed corporations shall not award a construction contract to

a contractor who is required to be registered under

section 2.

Immunity

(5) No proceeding shall be commenced against a person to whom this

section

applies with respect to a decision concerning the awarding of a construction

contract that contravenes this section.

Contract voidable

(6) A contract awarded to a contractor in contravention of this

section is

voidable by the person who awarded it.

Limitation on subcontracting

(1) A person who has a construction contract with the

Government of Ontario or any other body referred to in subsection 7 (1),

(2) or (4) shall not enter into any contract with respect to that construction

contract with a contractor who is required to be registered under

section

Same

(2) A person who has a construction contract for construction work in a

designated area with a municipality or other body referred to in subsection 7

(3) shall not enter into any contract with respect to that construction

contract with a contractor who is required to be registered under

section

Requirement re apprentices

9. The wage rates and ratios of apprentices to journeymen

required under the Trades Qualification and Apprenticeship Act shall

be deemed to apply under that Act with respect to all apprentices of a

contractor required to be registered under

section 2.

PART II

CONSTRUCTION WORKERS

Register with Office

(1) Every individual who is a person resident in a

designated jurisdiction and who is or will be doing construction work in a

designated area shall register with the Office.

Same

(2) Subject to subsections (3) and (4), the Director shall register an

individual referred to in subsection (1) if the individual,

(a)provides evidence satisfactory to the Director of work experience in a

prescribed trade, occupation or construction activity;

(b)pays the fee set by the Director; and

(c)satisfies any other prescribed requirements.

If certificate required in designated jurisdiction

(3) If an individual seeking registration under subsection (1) is or will

be doing construction work in a prescribed trade, occupation or construction

activity for which a certificate, registration, licence, permit or

authorization is required in the designated jurisdiction, the individual

shall also provide evidence satisfactory to the Director of that certificate,

registration, licence, permit or authorization.

If certif

Document details

Collection	Ontario — Bills
Citation	Bill 17, 36-3
Type	bill
Volume / chapter	p36 s3 bill 17 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f81e3c6858fc66c6488e74020ec2f6e59bca5c62

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