The Act creates safe zones around hospitals, other health facilities, schools and child care centres. Protests against COVID-19 vaccinations or against other public health measures, and related actions, are prohibited in these safe zones. The harassment of protected service providers who administer or assist in the administration of COVID-19 vaccines is also prohibited.
A contravention of the provisions described in the preceding paragraph is an offence. In addition, a person who suffers loss as a result of such a contravention has a right of action for damages. Any person may apply to the Superior Court of Justice for an injunction to restrain a person from contravening those provisions.
1. Sections 50, 50.0.1 and 50.0.2, which deal with sick leave, family responsibility leave and bereavement leave, respectively, are replaced with a new section 50 that provides for personal emergency leave due to a personal illness, injury or medical emergency, the death, illness, injury or medical emergency of a listed family member or certain urgent matters. Under the new section 50, an employee is entitled to 10 days of paid leave in a calendar year.
2. Currently, section 50.1 of the Act provides for unpaid leave in situations related to declared emergencies and infectious disease emergencies. That section is amended to provide that employees are entitled to take the first 14 days of any such leave in a calendar year as paid leave.
3. The Act is also amended to require the Minister to implement a financial support program for employers to help employers adapt to any increased costs associated with paid personal emergency leave under section 50, as those provisions are amended by the Bill. Payment may only be made if the Legislature has appropriated money for the purpose of the program.
The amendments require the code of conduct for municipal councillors and members of local boards to include a requirement for those councillors and members to comply with workplace violence and harassment policies.
The amendments also permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member’s seat if the Commissioner’s inquiry determines that the member has contravened the code of conduct by failing to comply with the workplace violence or harassment policies. These applications may not be made during regular elections. Where a member’s seat on the council of a municipality or a local board is vacated, the amendments contemplate restrictions on the member’s ability to subsequently stand for election and be reappointed to the council of the municipality or the local board.
1. Sections 50, 50.0.1 and 50.0.2 of the Act, which provide for sick leave, family responsibility leave and bereavement leave, respectively, are repealed. Section 50 is re-enacted to provide for up to 10 paid days of personal emergency leave in the case of a personal illness, injury or medical emergency, the illness, injury or medical emergency of a specified family member or an urgent matter concerning a specified family member.
2. The Act is amended to require that the Minister implement an employer support program to provide resources and supports to assist employers in providing personal emergency leave as required by the new section 50.
3. Section 50.1 of the Act, which currently provides for three days of paid infectious disease emergency leave, is amended to increase this number to 10 days of paid leave.
The provisions of the Act protecting workers against reprisals are amended to include protections against reprisals against workers who speak out about workplace violence and workplace harassment. The amendments provide that a reprisal is any measure taken against a worker that adversely affects the worker’s employment. Examples of reprisals are provided.
The provisions of the Act addressing violence and harassment against workers are amended to provide that an employer that is a hospital and an employer that is a long-term care home shall, at least once a month, publicly report on its website the number of incidents of workplace violence and workplace harassment that took place at the hospital or the long-term care home, as the case may be, during the immediately preceding month.
Certain exceptions are provided for, such as where complying with the requirement would result in a contravention of the Human Rights Code. In such cases, the education sector organization or healthcare sector organization must ensure that the individual’s duties do not require direct contact with specified persons and that the individual undergo training respecting the benefits and risks of COVID-19 vaccinations.
Non-compliance with specified provisions of the Act is deemed to be sufficient grounds to make an order under section 22 of the Health Protection and Promotion Act, which may require an education sector organization or a healthcare sector organization to take specified measures to ensure compliance with the Act.
A number of amendments are made to the Education Act. New subsection 10.1 (3) of the Act is amended to require the Minister to direct a board to develop its anti-racism accountability report if in the opinion of the Minister there is indication that the board’s new teacher induction program does not include anti-racism and racial equity training. Subsection 170 (1) of the Act is amended by adding anti-racism related responsibilities to the duties of boards. New subsection 212 (1.1) provides for fines for persons who disrupt or attempt to disrupt proceedings of a school or class through the use of racist language or activities. New section 277.28.1 provides that performance appraisals shall include competencies related to a teacher’s anti-racism awareness and efforts to promote racial equity. New subsection 301 (7.1.1) requires the Minister to establish policies and guidelines with respect to promoting racial equity in schools. New section 303.4 requires boards to establish and implement racial equity plans.
Amendments to the Higher Education Quality Council of Ontario Act, 2005 include new subsections 2 (5.1) to (5.3) which provide that at least one member of the Council shall be a person who has expertise in racial equity in the post-education sector and that all members must have a proven commitment to racial equity or take anti-racism training. Section 6 of the Act is amended to add racial equity-related requirements to the functions of the Council.
The Ministry of Training, Colleges and Universities Act is amended to add a new section 17.1 which sets out anti-racism and racial equity requirements that apply to every college of applied arts and technology and every university that receives ongoing operating funds from the government for the purposes of post-secondary education.
Subsection 18 (1) of the Ontario College of Teachers Act, 1996 is amended by adding a requirement that a person successfully completes any prescribed examinations and training in anti-racism in order to be issued a certificate of qualification and registration. Amendments are also made to the regulation-making authority of the Lieutenant Governor in Council.
Amendments to the Ontario Colleges of Applied Arts and Technology Act, 2002 include adding anti-racist education and training to the education and training related activities a college may undertake in carrying out its objects. New section 5.1 sets out that each college or subsidiary of a college shall develop and implement an anti-racism policy. Amendments are also made to the Act to provide that at least one member of the board of governors and one member of the board of directors of the Council shall have expertise in racial equity in the post-education sector and that all members must have a proven commitment to racial equity or take anti-racism training.
The Anti-Racism Act, 2017 is amended to add “anti-Asian racism” to the examples of types of systemic racism referred to in the Act.
The Post-secondary Education Choice and Excellence Act, 2000 is amended to require persons who grant degrees in nursing under that Act to provide Sexual Assault Nurse Examiner training, free of charge, to nursing students or have the Minister’s consent under that Act deemed not to be valid.
The Public Hospitals Act is amended to require hospitals to have at least 10 sexual assault evidence kits available for patients at all times and to provide them to patients who are in need of them, free of charge.
• Ban the use of non-compete agreements that prevent people from exploring other work opportunities in order to make it easier for workers to advance in their careers.
• Help remove barriers, such as Canadian experience requirements, for internationally trained individuals to get licenced in a regulated profession and get access to jobs that match their qualifications and skills.
• Require recruiters and temporary help agencies to have a licence to operate in the province to help protect vulnerable employees from being exploited.
• Require business owners to allow delivery workers to use a company’s washroom if they are delivering or picking up items. This supports the delivery drivers, couriers and truck drivers who have kept our essential supplies and economy going throughout the pandemic.
• Allow surpluses in the Workplace Safety and Insurance Board’s Insurance Fund to be distributed over certain levels to businesses, helping them cope with the impacts of COVID-19.
• Enable the Workplace Safety and Insurance Board to work with entities, like the Canada Revenue Agency, to streamline remittances for businesses, enabling a way to give them an efficient one-stop-shop for submitting premiums and payroll deductions.
• Allow the Ministry of Agriculture, Food and Rural Affairs to collect information related to the agri-food workforce to ensure the government can enhance the coordination of services such as vaccination and testing, and respond to issues that may arise.
The test provides that a person who performs work for another person and who is directly or indirectly remunerated by the second person for that work is deemed to be an employee of the second person unless the second person can establish that all three of the following conditions are met:
1. The first person is free from the direct or indirect control and direction of the second person in connection with the performance of the work, both under the terms of the contract for the performance of the work and in fact.
2. The first person performs work that is outside the usual course of the second person’s business.
3. The first person is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.
The Bill includes an exemption for business-to-business contracting relationships that meet certain criteria.
Amendments to various provisions of the Act are made including amendments to provide that every person has a right to equal treatment, without discrimination because of immigration status, genetic characteristics, police records and social condition, with respect to services, goods and facilities, the occupancy of accommodation, the right to contract, employment and membership in various types of organizations. The right to equal treatment without discrimination because of genetic characteristics includes the right to equal treatment without discrimination because a person refuses to undergo a genetic test or refuses to disclose the results of a genetic test.
Here are some highlights:
The driver who caused the injury or death is guilty of an offence if they caused it by breaking one of the rules of the road listed in the Bill. The listed rules include rules about unlicensed drivers, driving while intoxicated, driving while using a cell phone, speeding, careless driving, disobeying signs or lights at intersections or pedestrian crossovers, proper signalling, sharing the road, safety near emergency vehicles, safely opening car doors, and other rules.
A driver convicted of the offence is subject to the consequences for breaking the rule, and to a mandatory probation order. The order will require the driver to take a driving instruction course and perform community service. The community service must include activity related to improving driving safety and public education on driving safety. Their driver’s licence will be suspended during the probation.
The driver must also attend the sentencing hearing. Victim impact statements may be presented during the sentencing hearing.
The Bill also amends the Ombudsman Act to establish the position of Assistant Ombudsman responsible for the oversight of 9-1-1 operations and the Assistant Ombudsman’s functions, which include assisting the Ombudsman with investigations relating to the provision of 9-1-1 services.
1. The anti-racism strategy required under the Act must include annual anti-racism training for frontline workers in public sector organizations, including training on anti-Indigenous racism, anti-Black racism, anti-Asian racism, antisemitism and Islamophobia.
2. The Minister is required to conduct surveys of Ontario residents respecting their experiences of racial inequity and systemic racism, particularly as they relate to inequitable outcomes, and their perceptions of racial inequity and systemic racism in Ontario.
3. The Ontario Anti-Racism Advisory and Advocacy Council is established. The Council’s mandate includes advocating on behalf of racialized groups and providing information, advice and recommendations to the Government on ethnocultural matters. The Council’s composition is provided for.
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).
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.
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.
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.
Health Protection and Promotion Act
A new section 11.1 is added to the Act requiring home care clinics to establish a process for reviewing complaints and requiring the operator of a home care clinic to notify the medical officer of health if a complaint is made. Also, a new section 15.1 is added to the Act requiring every person who intends to commence to operate a home care clinic to give notice to the medical officer of health.
Home Care and Community Services Act, 1994
Paragraph 8 of subsection 3 (1) of the Act is amended to update the rights of persons receiving community services with respect to persons receiving community services at a home care clinic. A new section 30.1 is added to the Act requiring the operator of a home care clinic to provide the address of the clinic to the medical officer of health. Section 31 of the Act is amended by adding a new subsection (2) which requires the operator of a home care clinic to ensure that certain information is posted in the clinic in a conspicuous and easily accessible location. A new section 62.1 is added to the Act to give medical officers of health the right and responsibility to inspect home care clinics.
The provisions being restored prevent an employer from replacing striking or locked-out employees with replacement
The Bill also amends Part III.0.1 (Violence and Harassment) of the Occupational Health and Safety Act respecting workplace harassment, workplace sexual harassment and workplace violence.
Section 15 of the Act is amended to set out certain rules with respect to determinations about occupational disease.
Section 161 of the Act is amended to require the Workplace Safety and Insurance Board to review the lists of known carcinogens and probable carcinogens published by the International Agency for Research on Cancer and to ensure that the regulations respecting occupational diseases are amended accordingly.
Persons responsible for premises that are accessible to members of the public are required to notify the Registrar when installing a defibrillator or when removing or relocating it. The Act also sets out certain requirements related to the maintenance of the defibrillators. The Minister responsible for the administration of the Act may develop programs and services that aim to assist in identifying where to install defibrillators and in appropriately maintaining the defibrillators. The Minister is required to develop a complaints mechanism for use by members of the public respecting alleged contraventions of the Act.
Teachers’ colleges and early childhood education programs shall be required to provide training with respect to FASD.
The amendments entitle an employee to a leave of absence without pay, starting on the prescribed date, if the employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease, including that the employee is under medical investigation, supervision or treatment; that the employee is in quarantine or isolation; that the employee is providing care or support to another individual; or that the employee is affected by travel restrictions. Restrictions on the entitlement are specified, and related amendments are made addressing the evidence of entitlement required, when the entitlement ends and the regulation-making powers.
The Bill also provides for the registration of defibrillators with a registrar designated by the Minister. The registrar is required to notify emergency service providers and others of the registration, including the specific location, of a defibrillator.
Ministry of Labour, Training and Skills Development – Notices
Reg. 434/21, amending regulation
Reg. 851, amended Industrial Establishments regulation
The Industrial Establishments regulation (Regulation 851) under the Occupational Health and Safety Act has been amended to streamline and clarify pre-start health and safety review requirements while maintaining existing worker health and safety protections. The changes will come into effect on January 1, 2022.
Section 7 of Regulation 851 requires that a pre-start health and safety review be carried out in factories on certain machinery, protective elements, structures, and processes that can pose a serious hazard to worker health and safety, before they are operated for the first time or before modifications are made.
With the proposed amendments, the equipment, protective elements, structures and processes that would need a pre-start health and safety review would continue to be:
- storage and dispensing of flammable liquids
- safeguarding devices such as light curtains, or interlocked barrier guards that prevent worker access to a hazard
- racks and stacking structures
- processes and dust collectors that pose a risk of fire or explosion
- processes that involve molten metals
- cranes and other lifting devices that are suspended from or supported by a structure
- ventilation systems used to control worker exposure where processes use or produce a hazardous biological or chemical agent
For ease of use, the Table to section 7 has been modified to include a new column setting out exemptions, which were previously described in the body of section 7. Some of circumstances and exemptions have been modified to clarify their meaning, and there are two new exemptions.
Other administrative amendments
Additionally, sections 104, 105, and 106.2, which set out modular training requirements for workers in the logging sector, have been updated to reflect current training program names and numbers. Updates also reflect that the approval and administration of these training programs is now the responsibility of the Ministry of Labour, Training and Skills Development. These amendments come into force July 1, 2021.
Effective date: 2022-01-01
Reg. 420/21, Notices and Reports Under Sections 51 to 53.1 of the Act – Fatalities, Critical Injuries, Occupational Illness and Other Incidents
A new regulation under the Occupational Health and Safety Act (OHSA) will come into effect on July 1, 2021: Ontario Regulation 420 / 21 – Notices and Reports under Sections 51 to 53.1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents.
The new regulation incorporates the critical injury definition and streamlines reporting requirements into a single regulation that applies to all workplaces covered under the OHSA.
Effective date: 2021-07-01