Working for Workers Act, 2022, S.O. 2022, c. 7 - Bill 88

• Jurisdiction: Ontario
• Date: 11 April 2022
• Bill Number: 88

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 88 and does not form part of the law. Bill 88 has been enacted as Chapter 7 of the Statutes of Ontario, 2022.

SCHEDULE 1
DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

The Schedule enacts the Digital Platform Workers’ Rights Act, 2022. The purpose of the Act is to establish the following rights for workers who perform digital platform work:

The right to information (section 7).

The right to a recurring pay period and pay day (section 8).

The right to minimum wage (section 9).

The right to amounts earned by the worker and to tips and other gratuities (section 10).

The right to notice of removal from an operator’s digital platform (section 11).

The right to resolve digital platform work-related disputes in Ontario (section 12).

The right to be free from reprisal (section 13).

Digital platform work is defined to mean the provision of for payment ride share, delivery, courier or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform.

The rest of the Act sets out rules, processes and requirements with respect to record keeping, director liability, complaints and enforcement, collections, and offences and prosecutions. Miscellaneous provisions are included addressing limitation periods and other matters, and related regulation-making powers are added.

SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000

The Employment Standards Act, 2000 is amended as follows:

1. Section 3 of the Act is amended to provide that the Act does not apply to certain business and information technology consultants.

2. New Part XI.1 of the Act imposes a requirement on employers that employ 25 or more employees to have a written policy with respect to electronic monitoring of employees.

3. Section 50.2 of the Act, which governs reservist leaves of absence, is amended to provide that an employee is entitled to leave under that section if the employee is participating in Canadian Armed Forces military skills training. The section is also amended to provide that an employee is entitled to leave after being employed by the employer for three consecutive months.

4. Related amendments are made to the Act and provision is also made for regulations to be made by the Lieutenant Governor in Council.

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 to establish timelines within which regulated professions must respond to applications for registration from domestic labour mobility applicants unless an exemption is granted from the requirement. Other related amendments are made.

SCHEDULE 4
OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health and Safety Act is amended to require employers to provide naloxone kits and comply with related requirements if the employer becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer, or where the prescribed circumstances exist.

Various amendments are made to the Act in respect of fines applicable for convictions under the Act. The maximum fine is increased from $100,000 to $1,500,000 for directors or officers of corporations and to $500,000 for other individuals. A list of aggravating factors to be considered in determining a penalty is also added and the limitation period for instituting a prosecution is extended from one year to two years.

chapter 7

An Act to enact the Digital Platform Workers’ Rights Act, 2022 and to amend various Acts

Assented to April 11, 2022

CONTENTS

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

2 (1) Except as otherwise provided in this section, 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, 2022.

Schedule 1
DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

CONTENTS

Interpretation, Application, Etc.

Definitions

1 (1) In this Act,

“Board” means the Ontario Labour Relations Board; (“Commission”)

“collector” means a person, other than a compliance officer, who is authorized by the Director to collect an amount owing under this Act; (“agent de recouvrement”)

“digital platform” means, subject to the regulations, an online platform that allows workers to choose to accept or decline digital platform work; (“plateforme numérique”)

“digital platform work” means, subject to the regulations, the provision of for payment ride share, delivery, courier or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform; (“travail sur plateforme numérique”)

“Director” means the Director of Digital Platform Work; (“directeur”)

“labour relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995; (“agent des relations de travail”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

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

“operator” means, subject to the regulations, a person that facilitates, through the use of a digital platform, the performance of digital platform work by workers, but does not include a temporary help agency within the meaning of the Employment Standards Act, 2000; (“exploitant”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“tip or other gratuity” means,

(a) a payment voluntarily made to or left for a worker by a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be kept by the worker,

(b) a payment voluntarily made to an operator by a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be redistributed to a worker,

(c) a payment of a service charge or similar charge imposed by an operator on a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be redistributed to a worker,

(d) such other payments as may be prescribed,

but does not include,

(e) such payments as may be prescribed, and

(f) such charges as may be prescribed relating to the method of payment used, or a prescribed portion of those charges; (“pourboire ou autre gratification”)

“worker” means, subject to the regulations, an individual who performs digital platform work and includes a person who was a worker; (“travailleur”)

“worker right” means a requirement or prohibition under this Act that applies to an operator for the benefit of a worker. (“droit du travailleur”)

Amount owing

(2) For greater certainty, and except as otherwise provided, a reference in this Act to “an amount owing” in respect of a worker includes any tips or other gratuities that are owing.

Purpose

2 The purpose of this Act is to establish certain worker rights for workers, regardless of whether those workers are employees.

Application

3 (1) Subject to subsection (2), the worker rights set out in this Act apply with respect to a worker if,

(a) the worker’s work assignment is to be performed in Ontario; or

(b) the worker’s work assignment is to be performed in Ontario and outside Ontario but the work performed outside Ontario is a continuation of the work performed in Ontario.

Exception, federal jurisdiction

(2) This Act does not apply with respect to workers within the legislative jurisdiction of the Parliament of Canada.

Separate persons treated as one operator

4 (1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an operator and one or more other persons.

Same

(2) The operator and the other person or persons described in subsection (1) shall all be treated as one operator for the purposes of this Act.

Businesses need not be carried on at same time

(3) Subsection (2) applies even if the activities or businesses are not carried on at the same time.

Exception, individuals

(4) Subsection (2) does not apply with respect to a corporation and an individual who is a shareholder of the corporation unless the individual is a member of a partnership and the shares are held for the purposes of the partnership.

Joint and several liability

(5) Persons who are treated as one operator under this section are jointly and severally liable for any contravention of this Act and the regulations under it and for any amounts owing to a worker by any of them.

No contracting out

5 (1) Subject to subsection (2), no operator and no worker shall contract out of or waive a worker right and any such contracting out or waiver is void.

Greater contractual or statutory right

(2) If one or more provisions in a contract or in another Act that directly relate to the same subject matter as a worker right provide a greater benefit to a worker than the worker right, the provision or provisions in the contract or Act apply and the worker right does not apply.

Civil proceedings not affected

6 Subject...