Working for Workers Four Act, 2024 (2024)

EXPLANATORYNOTE

ThisExplanatory Note was written as a reader’s aid to Bill 149 and does not formpart of the law.
Bill 149 has been enacted as Chapter 3 of the Statutes of Ontario, 2024.

SCHEDULE 1
DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

TheSchedule amends the Digital Platform Workers’ Rights Act,2022 as follows:

1. Section8 of the Act is amended to provide that certain limits on recurring pay periodsand pay days may be prescribed by regulation.

2. Section9 of the Act is amended to provide that rules for determining compliance withthe minimum wage requirements of the Act may be prescribed by regulation.

3. Section66 of the Act is amended to give the Lieutenant Governor in Council theauthority to make corresponding regulations.

4. TheFrench version of the Act is amended to make a minor translation correction.

SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000

TheEmployment Standards Act, 2000 is amended asfollows:

1. Amendmentsare made to include work performed during a trial period within the meaning oftraining for the purposes of the definition of “employee” in subsection 1 (1)of the Act.

2. NewPart III.1 of the Act sets out certain requirements and prohibitions related tothe content of publicly advertised job postings, as defined in that Part.

3. Subsection11 (4) of the Act, which sets out requirements regarding the payment of wagesby direct deposit, is amended to impose additional requirements related to theaccount into which the direct deposit is made.

4. Newsubsection 13 (6) of the Act clarifies that the circ*mstances in whichsubclause 13 (5) (b) (ii) of the Act would apply include where a customer of arestaurant, gas station or other establishment leaves the establishment withoutpaying for the goods or services taken from, consumed at or received at theestablishment.

5. Newsection 14.1 of the Act sets out the permitted methods of paying an employee’stips or other gratuities and other related requirements.

6. Newsubsection 14.4 (6) of the Act imposes requirements regarding the posting ofemployer policies relating to the employer or a director or shareholder of theemployer sharing in tips or other gratuities redistributed under subsection14.4 (1) of the Act.

7. Subsection36 (3) of the Act is amended and subsection 36 (4) of the Act is re-enacted toclarify that the methods of paying vacation pay as set out in those subsectionsmay only be used if the employee has made an agreement with the employer thatthose methods be used.

8. Relatedamendments are made to the Act and provision is also made for regulations to bemade by the Lieutenant Governor in Council.

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

TheFair Access to Regulated Professions and Compulsory TradesAct, 2006 is amended to provide that prescribed requirements must be metto determine whether a regulated profession assesses qualifications in a waythat is transparent, objective, impartial and fair and, if a third party makessuch assessments, whether the regulated profession has taken reasonablemeasures to ensure that the assessments are made in a way that is transparent,objective, impartial and fair.

SCHEDULE 4
WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section15.1 of the Workplace Safety and Insurance Act, 1997,which creates presumptions that apply to certain firefighters and fireinvestigators, is amended to establish a presumption in respect of primary-siteesophageal cancer. Related amendments are made to provisions of that sectionand to section 15.2.

TheAct is amended by adding a new section 52.0.1 and by making correspondingamendments to sections 54 and 111 of the Act. These provisions govern theannual adjustment of payments provided for in, or otherwise determined under,the Act. The amendments provide that a prescribed additional indexing factormay be applied on such dates as may be prescribed. The Lieutenant Governor inCouncil is given related regulation-making powers.

Bill 149 2024

AnAct to amend various statutes with respect to
employment and labour and other matters

CONTENTS

HisMajesty, by and with the advice and consent of the Legislative Assembly of theProvince of Ontario, enacts as follows:

Contentsof this Act

1This Act consists of this section, sections 2 and 3 and the Schedules to thisAct.

Commencement

2(1)Except as otherwise provided in this section, this Act comesinto force on the day it receives Royal Assent.

(2)TheSchedules to this Act come into force as provided in each Schedule.

(3)Ifa Schedule to this Act provides that any provisions are to come into force on aday to be named by proclamation of the Lieutenant Governor, a proclamation mayapply to one or more of those provisions, and proclamations may be issued at differenttimes with respect to any of those provisions.

Shorttitle

3The short title of this Act is the Working for Workers Four Act, 2024.

SCHEDULE 1
DIGITAL PLATFORM WORKERS’ RIGHTS ACT, 2022

1Section 8 of the Digital Platform Workers’ Rights Act,2022 is amended by adding the following subsection:

Same,prescribed limits

(2)Forthe purposes of subsection (1),

(a) arecurring pay period shall not exceed the prescribed number of days, if any;and

(b) arecurring pay day shall be no later than the prescribed number of days, if any,after the end of the pay period.

2(1)Subsection 9 (2) of the Act is amended by adding “Unless theregulations provide otherwise” at the beginning of the portion before paragraph1.

(2)Paragraph2 of subsection 9 (2) of the Act is amended by striking out “for thatassignment” at the end.

(3)Paragraph3 of subsection 9 (2) of the Act is repealed.

3Subsection 66 (1) of the Act is amended by adding the following clauses:

(d.1) prescribinga number of days for the purposes of clause 8 (2) (a) or 8 (2) (b);

(d.2) prescribingrules for the purpose of determining compliance with subsection 9 (1),including providing that minimum wage may be paid other than on a per workassignment basis;

4The French version of the Act is amended by striking out “répétitive” whereverit appears and substituting in each case “récurrente”.

Commencement

5This Schedule comes into force on the later of the day subsection 9 (1) ofSchedule 1 (Digital Platform Workers’ Rights Act, 2022)to the Working for Workers Act, 2022 comes intoforce and the day the Working for Workers Four Act, 2024receives Royal Assent.

SCHEDULE 2
EMPLOYMENT STANDARDS ACT, 2000

1Section 1 of the Employment Standards Act, 2000 isamended by adding the following subsection:

Trainingincludes trial periods

(2.1)Forthe purposes of clause (c) of the definition of “employee” in subsection (1),training includes work performed during a trial period.

2(1)The Act is amended by adding the following Part:

PART III.1
JOB POSTINGS

Definitions

8.1In this Part, and forthe purposes of Part XXI (Who Enforces this Act and What They Can Do), PartXXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV(Collection), Part XXV (Offences and Prosecutions), Part XXVI (MiscellaneousEvidentiary Provisions) and Part XXVII (Regulations) insofar as mattersconcerning this Part are concerned,

“artificialintelligence” has the meaning set out in the regulations; (“intelligenceartificielle”)

“employer”means an employer as defined in subsection 1 (1) and includes a prospectiveemployer; (“employeur”)

“publiclyadvertised job posting” has the meaning set out in the regulations. (“annoncepublique de poste”)

Compensationrange information

8.2(1)Everyemployer who advertises a publicly advertised job posting shall include in theposting information about the expected compensation for the position or therange of expected compensation for the position.

Exception

(2)Subsection(1) does not apply to a publicly advertised job posting that meets suchcriteria as may be prescribed.

Rangeof expected compensation

(3)Forthe purposes of subsection (1), a range of expected compensation is subject tosuch conditions, limitations, restrictions or requirements as may beprescribed.

Canadian experience

8.3(1)Noemployer who advertises a publicly advertised job posting shall include in theposting or in any associated application form any requirements related toCanadian experience.

Exception

(2)Subsection(1) does not apply to a publicly advertised job posting that meets suchcriteria as may be prescribed.

Useof artificial intelligence

8.4(1)Everyemployer who advertises a publicly advertised job posting and who usesartificial intelligence to screen, assess or select applicants for the positionshall include in the posting a statement disclosing the use of the artificialintelligence.

Exception

(2)Subsection(1) does not apply to a publicly advertised job posting that meets suchcriteria as may be prescribed.

(2)Section8.2 of the Act, as enacted by subsection (1), is repealed.

3(1)Clause 11 (4) (a) of the Act is repealed and the followingsubstituted:

(a) theaccount is selected by the employee and is in the employee’s name;

(2)Subsection11 (4) of the Act is amended by adding “and” after clause (b) and by adding thefollowing clause:

(c) theaccount meets the prescribed criteria, if any.

4Section 13 of the Act is amended by adding the following subsection:

Cashshortage, lost property, etc.

(6)Forgreater certainty, the circ*mstances set out in subclause (5) (b) (ii) includewhere a customer of a restaurant, gas station or other establishment leaves theestablishment without paying for the goods or services taken from, consumed ator received at the establishment.

5The Act is amended by adding the following section to Part V.1:

Methodof payment

14.1(1)Anemployer shall pay an employee’s tips or other gratuities,

(a) bycash;

(b) bycheque payable only to the employee;

(c) bydirect deposit in accordance with subsection (3); or

(d) byany other prescribed method of payment.

Placeof payment by cash or cheque

(2)Ifpayment is made by cash or cheque, the employer shall ensure that the cash orcheque is given to the employee at his or her workplace or at some other placeagreeable to the employee.

Directdeposit

(3)Anemployer may pay an employee’s tips or other gratuities by direct deposit intoan account of a financial institution if,

(a) theaccount is selected by the employee and is in the employee’s name;

(b) noperson other than the employee or a person authorized by the employee hasaccess to the account; and

(c) theaccount meets the prescribed criteria, if any.

6Section 14.4 of the Act is amended by adding the following subsection:

Policyre employer, etc., sharing in tips

(6)Ifan employer has a policy in place with respect to the employer or a director orshareholder of the employer sharing in tips or other gratuities redistributedunder subsection (1), the employer shall post and keep posted a copy of the policyin at least one conspicuous place in the employer’s establishment where it islikely to come to the attention of the employer’s employees.

7(1)Section 15 of the Act is amended by adding the followingsubsection:

Retentionof job postings

(7.1)Anemployer shall retain or arrange for some other person to retain copies ofevery publicly advertised job posting within the meaning of Part III.1 and anyassociated application form for three years after access to the posting by thegeneral public is removed.

(2)Section15 of the Act is amended by adding the following subsection:

Retentionof tips sharing policy

(7.2)Anemployer shall retain or arrange for some other person to retain copies ofevery written policy on sharing in tips or other gratuities that is required tobe posted under subsection 14.4 (6) for three years after the policy ceases to bein effect.

8(1)Subsection 36 (3) of the Act is amended by striking out theportion before clause (a) and substituting the following:

Same

(3)Theemployer may pay the employee vacation pay that accrues during a pay period onthe pay day for that period if the employee has made an agreement with theemployer that it may be paid in that manner and,

.. . . .

(2)Subsection36 (4) of the Act is repealed and the following substituted:

Same

(4)Theemployer may pay the employee vacation pay at a time set out in an agreementthat the employee has made with the employer.

9(1)Subsection 141 (1) of the Act is amended by adding the followingparagraph:

1.2 Prescribinga method of payment for the purposes of clause 14.1 (1) (d) and establishingany terms, conditions or limitations on its use.

(2)Section141 of the Act is amended by adding the following subsection:

Transitionalregulations

(2.0.3.8)TheLieutenant Governor in Council may make regulations providing for anytransitional matter that the Lieutenant Governor in Council considers necessaryor advisable in connection with the implementation of the amendments made by theWorking for Workers Four Act, 2024.

(3)Subsection141 (2.0.4) of the Act is amended by striking out “or (2.0.3.7)” wherever itappears and substituting in each case “(2.0.3.7) or (2.0.3.8)”.

Commencement

10(1)Except as otherwise provided in this section, this Schedulecomes into force on the day the Working for Workers FourAct, 2024 receives Royal Assent.

(2)Sections3, 5, and 6, subsection 7 (2), section 8 and subsection 9 (1) come into forceon the day that is three months after the day the Workingfor Workers Four Act, 2024 receives Royal Assent.

(3)Section2 and subsection 7 (1) come into force on a day to be named by proclamation ofthe Lieutenant Governor.

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

1Section 10 of the Fair Access to Regulated Professions andCompulsory Trades Act, 2006 is amended by adding the followingsubsection:

Same

(3)Forthe purposes of subsection (2),

(a) inorder for a regulated profession to be considered to make assessments ofqualifications in a way that is transparent, objective, impartial and fair, itmust, at a minimum, meet the requirements prescribed by regulation; and

(b) inorder for a regulated profession to be considered to have taken reasonablemeasures to ensure that a third party makes assessments in a way that istransparent, objective, impartial and fair, it must, at a minimum, meet therequirements prescribed by regulation, including any requirements respectingcontracts entered into between the regulated profession and the third party.

2Subsection 34 (1) of the Act is amended by adding the following clause:

(c.1.3) governingthe assessment of qualifications for the purposes of subsection 10 (2),including,

(i) prescribingrequirements relating to the determination of whether a regulated professionmakes assessments in a way that is transparent, objective, impartial and fair,and

(ii) prescribingrequirements relating to the determination of whether a regulated professionhas taken reasonable measures to ensure that a third party makes assessments ina way that is transparent, objective, impartial and fair;

Commencement

3This Schedule comes into force on a day to be named by proclamation of theLieutenant Governor.

SCHEDULE 4
WORKPLACE SAFETY AND INSURANCE ACT, 1997

1(1)Subsections 15.1 (5) and (6) of the WorkplaceSafety and Insurance Act, 1997 are repealed and the followingsubstituted:

Same,primary-site esophageal cancer

(4.1)Ifa worker is prescribed under clause (8) (a) and suffers from and is impaired byprimary-site esophageal cancer, the disease is presumed to be an occupationaldisease that occurs due to the nature of the worker’s employment as a firefighteror fire investigator, unless the contrary is shown.

Restriction

(4.2)Thepresumption in subsection (4.1) does not apply unless the worker was employedas a full-time firefighter, part-time firefighter or fire investigator orserved as a volunteer firefighter for a total of at least 15 years before beingdiagnosed.

Timeof diagnosis

(5)Thepresumptions in subsection (4) and (4.1) apply only to diseases diagnosed on orafter January 1, 1960.

Diseasesdiagnosed before 1998

(6)Ifa presumption in subsection (4) or (4.1) applies in relation to a disease of aworker that is diagnosed before January 1, 1998, the rights of the worker orhis or her survivor shall, subject to the presumption, be determined inaccordance with Part IX.

(2)Clause15.1 (8) (a) of the Act is amended by striking out “or (4)” and substituting“(4) or (4.1)”.

(3)Clause15.1 (8) (b) of the Act is repealed and the following substituted:

(b) defining“firefighter”, “fire investigator”, “full-time firefighter” and “part-timefirefighter” for the purposes of this section and the regulations under thissection;

(4)Clause15.1 (8) (e) of the Act is amended by striking out “and (4)” and substituting“(4) and (4.1)”.

2Subsection 15.2 (1) of the Act is repealed and the following substituted:

Claimsbased on presumptions

(1)Thissection applies if,

(a) aregulation under section 15.1 is made or amended and, as a result, apresumption established under section 15.1 applies to an injury sustained by aworker or to a disease with which a worker is diagnosed; or

(b) thepresumption established under subsection 15.1 (4.1) applies to a disease withwhich a worker is diagnosed.

3The Act is amended by adding the following section:

Additionalindexing factor

52.0.1(1)If anadditional indexing factor is prescribed for the purposes of this section, onthe prescribed date, the Board shall,

(a) adjustthe amounts that were adjusted under subsection 51 (1) and section 52 by theprescribed additional indexing factor; or

(b) ifthe amounts that were adjusted under subsection 51 (1) and section 52 werepreviously adjusted by a prescribed additional indexing factor in the samecalendar year, adjust the amounts previously adjusted by the most recentlyprescribed additional indexing factor.

Same,January 1

(2)Ifthe date prescribed for the purposes of subsection (1) is January 1, the Boardmay add the prescribed additional indexing factor to the indexing factordescribed in subsection 49 (1) and apply them to the amounts to be adjusted ina single calculation.

Same,new claims

(3)Ifthe date prescribed for the purposes of subsection (1) is a date other thanJanuary 1, on the prescribed date, the Board shall,

(a) adjustamounts that first became payable between January 1 and the prescribed date bythe prescribed additional indexing factor; and

(b) ifmore than one additional indexing factor is prescribed in the same calendaryear, adjust amounts previously adjusted by the most recently prescribedadditional indexing factor.

4Section 54 of the Act is amended by adding the following subsections:

Additionalindexing factor

(4)Ifan additional indexing factor is prescribed for the purposes of thissubsection, on the prescribed date, the Board shall adjust the amount that, inthe year the worker was injured, was deemed to be a worker’s average earningsunder subsection (1) by applying the prescribed additional indexing factor tothe amount as first determined, or as most recently adjusted, as the case maybe, and shall round the adjusted amount to the nearest $100.

Same,January 1

(5)Ifthe date prescribed for the purposes of subsection (4) is January 1, the Boardmay add the prescribed additional indexing factor to the indexing factordescribed in subsection 49 (1) and apply them to the amounts to be adjusted ina single calculation.

5Section 111 of the Act is amended by adding the following subsections:

Additionalindexing factor

(3)Ifan additional indexing factor is prescribed for the purposes of thissubsection, on the prescribed date, the Board shall,

(a) adjustthe amounts set out in the pre-1997 Act and the amounts payable under that Actthat are adjusted on January 1 by the indexing factor described in subsection49 (1) of this Act, by the prescribed additional indexing factor; or

(b) ifthe amounts set out in the pre-1997 Act and the amounts payable under that Actthat are adjusted on January 1 by the indexing factor described in subsection49 (1) of this Act were previously adjusted by a prescribed additional indexingfactor in the same calendar year, adjust the amounts previously adjusted by themost recently prescribed additional indexing factor.

Same,January 1

(4)Ifthe date prescribed for the purposes of subsection (3) is January 1, the Boardmay add the prescribed additional indexing factor to the indexing factordescribed in subsection 49 (1) and apply them to the amounts to be adjusted ina single calculation.

Same,new claims

(5)Ifthe date prescribed for the purposes of subsection (3) is a date other thanJanuary 1, on the prescribed date, the Board shall,

(a) adjustamounts that first became payable under the pre-1997 Act between January 1 andthe prescribed date by the prescribed additional indexing factor; and

(b) ifmore than one additional indexing factor is prescribed in the same calendaryear, adjust amounts previously adjusted by the most recently prescribedadditional indexing factor.

6Section 184 of the Act is repealed and the following substituted:

Regulations,additional indexing factor

184(1)TheLieutenant Governor in Council may make regulations,

(a) prescribingan additional indexing factor, to be expressed as a percentage, for thepurposes of subsections 52.0.1 (1), 54 (4) and 111 (3);

(b) prescribinga date for the purposes of subsections 52.0.1 (1), 54 (4) and 111 (3).

Same

(2)Theapplication of a prescribed additional indexing factor may be subject to anyterms, restrictions, limitations, conditions or exclusions that are set out inthe regulations.

Commencement

7This Schedule comes into force on a day to be named by proclamation of theLieutenant Governor.