Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16 - Bill 187

• Jurisdiction: Ontario
• Date: 19 November 2002
• Bill Number: 187

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 187 and does not form part of the law. Bill 187 has been enacted as Chapter 16 of the Statutes of Ontario, 2002.

Subsection 1 (1) of the Bill states that the purpose of the Bill is to protect the rights of agricultural employees while having regard to the unique characteristics of agriculture. Subsection 1 (2) sets out the protected rights.

Sections 2 to 4 of the Bill are interpretive. Section 2 of the Bill is definitional. Section 3 provides that the Bill does not authorize recruitment by an employees’ association at the workplace during an employee’s working hours. Section 4 provides that, except as provided in section 7, the Bill does not confer any new right to enter or use private property.

Section 5 of the Bill deals with the right of employees’ associations to make representations to employers.

Section 6 of the Bill provides that an employees’ association shall not act in a manner that is arbitrary, discriminatory or in bad faith in representing its members.

Section 7 of the Bill authorizes the Agriculture, Food and Rural Affairs Appeal Tribunal to make an order, in specified circumstances, allowing access to property for purposes of attempting to persuade employees to join an employees’ association. The order may be made subject to terms and conditions as the Tribunal considers appropriate.

Sections 8, 9 and 10 of the Bill set out certain protections. Section 8 prohibits interference by employers with employees’ associations. Section 9 prohibits employers from taking reprisals against a person because of their involvement with an employees’ association or their exercise of any right under the Bill. Section 10 prohibits the use of intimidation or coercion in connection with membership in an employees’ association or employers’ organization or with the exercise of any right under the Bill.

Section 11 of the Bill authorizes the Agriculture, Food and Rural Affairs Appeal Tribunal to inquire into complaints alleging a contravention of the Bill. If the Tribunal determines that a contravention has occurred, it may make a remedial order, as set out in subsections 11 (5) and (6).

Sections 12 to 18 of the Bill deal with general matters. Section 12 of the Bill states that sections 14 to 14.2 of the Ministry of Agriculture, Food and Rural Affairs Act apply to a proceeding under section 7 or 11 of the Bill. Section 13 of the Bill permits a panel of the Tribunal to dismiss an application under section 7 or a complaint under section 11 without a full hearing in specified circumstances. Section 14 of the Bill deals with interim orders. Section 15 of the Bill deals with burden of proof where a complaint is made under section 11 of the Bill that a person has been subject to a reprisal relating to employment contrary to the Bill. Section 16 of the Bill provides that the Tribunal’s decisions are final and binding. Section 17 of the Bill provides that the Tribunal has no jurisdiction to alter terms and conditions of employment under the Bill except as permitted by sections 7 and 11. Section 18 of the Bill states that the Labour Relations Act, 1995 does not apply to employers or employees in agriculture.

Section 19 of the Bill makes consequential amendments to the Ministry of Agriculture, Food and Rural Affairs Act. Section 14 of that Act, which continues the Agriculture, Food and Rural Affairs Appeal Tribunal, is amended to take account of the new jurisdiction of the Tribunal under the Bill and to ensure that there is a special roster of Tribunal members to hear proceedings under the Bill. New sections 14.1 and 14.2 of the Ministry of Agriculture, Food and Rural Affairs Act address the interaction of the Bill with both the Statutory Powers Procedure Act and the Ministry of Agriculture, Food and Rural Affairs Act.

Section 20 of the Bill makes consequential amendments to the Labour Relations Act, 1995.

CHAPTER 16

An Act to protect the rights
of agricultural employees

Assented to November 19, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

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.

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.

Interpretation

Interpretation

2. (1) In this Act,

“agriculture” includes 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, but does not include anything that was not or would not have been determined to be agriculture under section 2 of the predecessor to the Labour Relations Act, 1995 as it read on June 22, 1994; (“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”)

“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”)

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.

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.

Private property

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

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.

Same

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

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.

Same

(4) Subsection (3) shall not be interpreted as setting out a complete list of relevant considerations.

Same

(5) The employees’ association may make the representations orally or in writing.

Same

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

Same

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

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.

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.

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 persuade the employees to join an employees’ association.

Hearing

(3) The Tribunal shall hold a hearing to determine what order, if any, to make.

Parties

(4) The parties to the hearing shall be,

(a) the applicant;

(b) the employer who owns the property or has the right to control access to it; and

(c) any other person or entity that the Tribunal specifies as a party.

Same

(5) The order may be subject to such terms and conditions as the Tribunal considers appropriate.

Limitation

(6) The Tribunal shall not make an order allowing access to property under subsection (2) unless the person or entity applying for the order satisfies the Tribunal that the order is necessary to effectively communicate with employees for the purposes of forming an employees’ association or recruiting members.

Same

(7) The Tribunal, in making an order allowing access, shall ensure that the access does...