Working for Workers Act, 2023, S.O. 2023, c. 15 - Bill 79

• Jurisdiction: Ontario
• Bill Number: 79
• Date: 26 October 2023

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 79 and does not form part of the law. Bill 79 has been enacted as Chapter 15 of the Statutes of Ontario, 2023.

SCHEDULE 1
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

Amendments are made to the Employment Protection for Foreign Nationals Act, 2009 relating to contraventions of subsection 9 (1) or (2) of the Act in respect of a passport or work permit. The Act is amended to provide that the Ontario Labour Relations Board shall reduce the penalty set out in the notice of contravention where certain conditions apply. The Act is also amended to establish higher maximum fines for a conviction for the contravention.

SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000

The Employment Standards Act, 2000 is amended. Here are some highlights:

Section 50.2 is amended to provide that an employee who is in treatment, recovery or rehabilitation in respect of a physical or mental health illness, injury or medical emergency that results from participation in certain operations or activities is entitled to reservist leave under that section.

New section 53.2 provides that in Part XV of the Act, in certain circumstances, a “location at which an employer carries on business” includes an employee’s private residence.

Amendments are made to licence application provisions in Part XVIII.1 of the Act to include references to subsection 7 (3) of the Employment Protection for Foreign Nationals Act, 2009.

SCHEDULE 3
FAIR ACCESS TO REGULATED PROFESSIONS AND COMPULSORY TRADES ACT, 2006

Various amendments are made to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, including,

(a) amendments to the definition of “registration”;

(b) an amendment respecting the powers under the Act that the Minister may delegate to the Fairness Commissioner or any person employed in the Ministry;

(c) an amendment establishing the duty of regulated professions to ensure that the people of Ontario have access to adequate numbers of qualified, skilled and competent regulated professionals; and

(d) an amendment providing that Canadian experience may be accepted in satisfaction of qualification for registration only if alternatives to such experience are also accepted.

SCHEDULE 4
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Section 15 of the Ministry of Training, Colleges and Universities Act, which governs the collection, disclosure and use of personal information, is amended to permit the collection, disclosure and use of personal information for purposes related to certain employment programs and services.

SCHEDULE 5
OCCUPATIONAL HEALTH AND SAFETY ACT

The Occupational Health and Safety Act is amended to increase the maximum fine for a corporation for a conviction under the Act from $1,500,000 to $2,000,000.

SCHEDULE 6
ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997

The Schedule amends the Ontario Disability Support Program Act, 1997 by adding section 53.1, which permits the collection, including indirect collection, of personal information by the Minister of Labour, Immigration, Training and Skills Development on behalf of the Minister of Children, Community and Social Services. The section further permits the Minister of Labour, Immigration, Training and Skills Development to disclose the personal information to the Minister of Children, Community and Social Services. Subsection 53.1 (4) allows the notice of collection required by the Freedom of Information and Protection of Privacy Act to be given by means of a public notice posted on a website of the Government of Ontario.

SCHEDULE 7
ONTARIO WORKS ACT, 1997

The Schedule amends the Ontario Works Act, 1997 by adding section 72.1, which permits the collection, including indirect collection, of personal information by the Minister of Labour, Immigration, Training and Skills Development on behalf of the Minister of Children, Community and Social Services and the Director. The section further permits the Minister of Labour, Immigration, Training and Skills Development to disclose the personal information to the Minister of Children, Community and Social Services and to delivery agents. Delivery agents are permitted to collect the personal information indirectly. Subsection 72.1 (5) allows the notice of collection required by the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act to be given by means of a public notice posted on a website of the Government of Ontario.

Amendments to the new section 72.1 are included to introduce the concept of “delivery partners” alongside delivery agents, to reflect amendments to the Act that are not yet in force.

chapter 15

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

Assented to October 26, 2023

CONTENTS

His 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, 2023.

SCHEDULE 1
EMPLOYMENT PROTECTION FOR FOREIGN NATIONALS ACT, 2009

1 Subsection 30 (2) of the Employment Protection for Foreign Nationals Act, 2009 is repealed and the following substituted:

Same

(2) Subsections 122 (2) to (7) of the Employment Standards Act, 2000 and subsection (3) of this section apply with respect to the review.

Same

(3) Despite clause 122 (5) (c) of the Employment Standards Act, 2000, if the Board finds that the person contravened subsection 9 (1) or 9 (2) of this Act in respect of a passport or work permit, the Board shall determine whether the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and if so, the Board shall amend the notice by reducing the penalty.

2 Section 41 of the Act is amended by adding the following subsection:

Higher penalty for certain offences

(2) Despite subsection (1), a person convicted of an offence under subsection 9 (1) or (2) in respect of a passport or work permit is liable,

(a) if the person is an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than 12 months or to both; and

(b) if the person is a corporation, to a fine of not more than $1,000,000.

Commencement

3 This Schedule comes into force on the day the Working for Workers Act, 2023 receives Royal Assent.

SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000

1 (1) Subsection 50.2 (1) of the Employment Standards Act, 2000 is amended by striking out “or” at the end of clause (b.1) and by adding the following clause:

(b.2) the employee is in treatment, recovery or rehabilitation in respect of a physical or mental health illness, injury or medical emergency that results from participation in an operation or activity referred to in this subsection; or

(2) Subsection 50.2 (3) of the Act is repealed and the following substituted:

Restriction

(3) An employee is not entitled to begin a leave under clause (1) (a), (b.1), (b.2) or (c)...