Context
In December 2021, the Ontario government passed the Working for Workers Act, 2021, which introduced new employer policies regarding disconnecting from work, prohibitions on non-compete agreements, removed Canadian experience requirements, and set out a new licensing regime for recruiting and temporary help agencies, amongst other key changes that were discussed in two previous bulletins, "An Update on Ontario's Bill 27: Key Amendments for Employers" and "Ontario Proposing Significant New Employment Law Changes in Bill 27"1. Bill 882 is, in name, a follow up with further new employer obligations.
What is Being Proposed?
If passed, Bill 88 will introduce the following key legislative changes, among others:
- Creation of a new Digital Platform Workers Rights
Act, 2022. This legislation would create rights
for workers who accept work through a digital platform and
obligations for digital platform operators. The Act would apply to
all workers who perform work through the digital platform,
regardless of whether or not they are an employee of the platform.
Bill 88 proposes certain rights for applicable workers, including a
right to a minimum wage, the right to receive information about
remuneration, the right to certain protections should the operator
of a digital platform decide to remove a worker's access and
the right to be free from reprisal for seeking to enforce rights.
The legislation will also impose certain record keeping obligations
on platform operators, among other things3.
- Removing certain business consultants and information
technology consultants from the scope of the Employment
Standards Act, 2000 ("ESA")4. The term
"business consultant" is proposed to mean an individual
who provides advice or services to a business or organization in
respect of its performance, including advice or services in respect
of the operations, profitability, management, structure, processes,
finances, accounting, procurements, human resources, environmental
impacts, marketing, risk management, compliance or strategy of the
business or organization. The term "information technology
consultant" is proposed to mean an individual who provides
advice or services to a business or organization in respect of its
information technology systems, including advice about or services
in respect of planning, designing, analyzing, documenting,
configuring, developing, testing and installing the business or
organization's information technology systems. If passed,
subject to certain criteria (including certain minimum
compensation), Bill 88 will result in the exclusion of business
consultants and information technology consultants from the
employee entitlements of the ESA5.
- A new employer requirement in the ESA for a policy on
electronic monitoring. If passed, Bill 88 will introduce a
new requirement that employers with 25 or more employees have a
written policy about electronic monitoring that must inform
employees of whether they are being monitored and if they are being
monitored, the circumstances and purposes for which any information
obtained may be used6.
- A new leave for reservists under the ESA. If
passed, Bill 88 will introduce additional time off to participate
in Canadian Armed Forces military skills training after being
employed for three consecutive months7.
- Reduce delays for certain individuals who apply for
registration with certain regulated professions in
Ontario. Under the Fair Access to Regulation
Professions and Compulsory Trades Act, 2006, certain regulated
professions will be required to acknowledge the receipt of an
application within 10 days and make a registration within 30 days
after receiving the application8.
- Amendments to the Occupational Health and Safety
Act. Requiring employers to provide naloxone
kits when an employer becomes aware, or ought reasonably to be
aware, that there may be a risk of a worker having an opioid
overdose. Bill 88 also proposes that maximum fines for
contraventions of the Occupational Health and Safety Act
be raised to $1,500,000 from $100,000 for directors and officers of
a corporation and to $500,000 from $100,000 for other individuals9.
- The repeal of the Traditional Chinese Medicine Act, 2006. The wind up of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario10.
Next Steps
Bill 88 was carried at First Reading on Monday, February 28, 2022 and referred to the Standing Committee on Social Policy on March 3, 2022. It is expected that the Committee will provide for an opportunity for public input and consultation on Bill 88 in the near future.
Footnotes
1. Government of Ontario, "Working for Workers Act, 2021".
2. Government of Ontario, "Working for Workers Act, 2022".
3. Ibid, Schedule 1, ss 7-18, 25-49.
4. Bill 88, Schedules 1-5.
5. Ibid, Schedule 2, s 2.
6. Ibid, Schedule 2, s 41.1.1.
7. Ibid, Schedule 2, s 5.
8. Ibid, Schedule 3, s 9.
9. Ibid, Schedule 4, s 25.2.
10. Ibid, Schedule 5.
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