Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16

• Jurisdiction: Ontario

Agricultural Employees Protection Act, 2002

S.O. 2002, chapter 16

Consolidation Period: From April 3, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 4, Sched. 1, s. 1-3.

Purpose

Purpose of this Act

1 (1) The purpose of this Act is to protect the rights of agricultural employees while having regard to the unique characteristics of agriculture, including, but not limited to, its seasonal nature, its sensitivity to time and climate, the perishability of agricultural products and the need to protect animal and plant life. 2002, c. 16, s. 1 (1).

Same

(2) The following are the rights of agricultural employees referred to in subsection (1):

1. The right to form or join an employees’ association.

2. The right to participate in the lawful activities of an employees’ association.

3. The right to assemble.

4. The right to make representations to their employers, through an employees’ association, respecting the terms and conditions of their employment.

5. The right to protection against interference, coercion and discrimination in the exercise of their rights. 2002, c. 16, s. 1 (2).

Interpretation

Interpretation

2 (1) In this Act,

“agriculture” includes,

(a) farming in all its branches, including dairying, beekeeping, aquaculture, the raising of livestock including non-traditional livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting of agricultural commodities, including eggs, maple products, mushrooms and tobacco, and any practices performed as an integral part of an agricultural operation, and

(b) ornamental horticulture; (“agriculture”)

“employee” means an employee employed in agriculture; (“employé”)

“employees’ association” means an association of employees formed for the purpose of acting in concert; (“association d’employés”)

“employer” means,

(a) the employer of an employee, and

(b) any other person who, acting on behalf of the employer, has control or direction of, or is directly or indirectly responsible for, the employment of the employee; (“employeur”)

“ornamental horticulture” means the production of ornamental plants or their parts for the purpose of their sale or distribution; (“horticulture ornementale”)

“ornamental plant” includes annual and perennial plants, nursery sod, woody plants and Christmas trees; (“plante ornementale”)

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under section 14 of the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”) 2002, c. 16, s. 2 (1); 2019, c. 4, Sched. 1, s. 1.

Status of associations, organizations

(2) An employees’ association, an employers’ organization or any other entity that may be a party to a proceeding under this Act shall be deemed to be a person for the purpose of any provision of the Statutory Powers Procedure Act or of any rule made under that Act that applies to parties. 2002, c. 16, s. 2 (2).

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 1 (1, 2) - 03/04/2019

Non-application, ornamental horticulture

2.1 For greater certainty, this Act does not apply to a person who is engaged in ornamental horticulture or the production of ornamental plants if,

(a) the person is employed by a municipality to do so; or

(b) the person is employed in silviculture. 2019, c. 4, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2019, c. 4, Sched. 1, s. 2 - 03/04/2019

Persuasion during working hours

3 Nothing in this Act authorizes any person or entity to attempt at the place at which an employee works to persuade the employee during the employee’s working hours to become or refrain from becoming or continuing to be a member of an employees’ association. 2002, c. 16, s. 3.

Private property

4 Subject to section 7, nothing in this Act confers any new right to enter on, occupy or use private property. 2002, c. 16, s. 4.

Rights of Agricultural Employees

Representations

5 (1) The employer shall give an employees’ association a reasonable opportunity to make representations respecting the terms and conditions of employment of one or more of its members who are employed by that employer. 2002, c. 16, s. 5 (1).

Same

(2) For greater certainty, an employees’ association may make its representations through a person who is not a member of the association. 2002, c. 16, s. 5 (2).

Reasonable opportunity

(3) For the purposes of subsection (1), the following considerations are relevant to the determination of whether a reasonable opportunity has been given:

1. The timing of the representations relative to planting and harvesting times.

2. The timing of the representations relative to concerns that may arise in running an agricultural operation, including, but not limited to, weather, animal health and safety and plant health.

3. Frequency and repetitiveness of the representations. 2002, c. 16, s. 5 (3).

Same

(4) Subsection (3) shall not be interpreted as setting out a complete list of relevant considerations. 2002, c. 16, s. 5 (4).

Same

(5) The employees’ association may make the representations orally or in writing. 2002, c. 16, s. 5 (5).

Same

(6) The employer shall listen to the representations if made orally, or read them if made in writing. 2002, c. 16, s. 5 (6).

Same

(7) If the representations are made in writing, the employer shall give the association a written acknowledgment that the employer has read them. 2002, c. 16, s. 5 (7).

Duty of employees’ association

6 An employees’ association shall not act in bad faith or in a manner that is arbitrary or discriminatory in the representation of its members. 2002, c. 16, s. 6.

Right of access

7 (1) This section applies where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access. 2002, c. 16, s. 7 (1).

Same

(2) On a written application by any person or entity, the Tribunal may make an order allowing access to the property described in subsection (1) for the purpose of attempting to...