SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
February 28, 2024 09:00AM
  • Feb/28/24 9:50:00 a.m.

The member opposite is talking about these jobs that are existing, and I think it’s a good opportunity for me to transition to another thing we heard during the deputations and when we had amendments.

The number one thing we heard from people, from amendments—I talked earlier about WSIB and how it’s going to help the firefighters, but the number one thing we heard was to bring in an end to deeming.

Our member from Niagara Falls, Wayne Gates, has a deeming bill that he has tabled more than once. What this does is that, if you’re an injured worker—and a lot of people, if they’re not injured, think WSIB works well. The sad reality is, for a lot of workers, when you are injured, you are first in line to the poverty line. It is a sad reality for way too many workers. The Ontario Disability Support Program is made up of way too many workers who have been injured on the job.

There is a historic agreement that brought forward the Workmen’s Compensation Act, now WSIB, and the idea was that workers would give up the right to sue. In the States, you see these multi-million dollar lawsuits, when you’re injured on the job. Workers in Ontario gave up that right so they could have access to fair compensation. But what’s happening is, workers are not getting fair compensation.

That’s a whole other kettle of fish, the larger picture—but to rub their nose in it, to even thumb down harder on these workers, they have a process called deeming. So what you can do is, if you’re injured and you have restrictions—let’s say that you have a back injury and you can’t stand for long periods of time. Many times, a doctor who has never even seen you, never analyzed you, never met with you, just went through your case files, and this doctor can deem you able to do another job. The doctor can say, “Do you know what? You could be a parking lot attendant.” The reality is—I don’t know if you’ve been gone out to a lot of places—not a lot of parking lot attendants even exist anymore. It doesn’t matter if you live in a rural area where there aren’t even any parking lots—because places in Sudbury, like mine, outside of downtown, parking is free almost everywhere. It doesn’t matter if there are no jobs; they deem you able to do that job, and they bring your benefits down. You don’t have the job. You’ve got a phantom job.

The problem with this scenario is that it’s not like they say, “We think you can do this job,” and they send you out to do the job and they pay you for the job; they just say, “You could do this phantom job, and you can buy your groceries and pay your rent with the phantom cheques you’re going to get from it.” It is a broken, punishing system that is punishing people living with disabilities they got from their workplace. It is punching down on the weakest people in our province.

The Conservative government voted against our amendment to end deeming. The Conservative government voted against the deeming bill. The Conservative government doesn’t want deeming to end. In a bill that is called Working for Workers, I cannot imagine anything more working against workers than not bringing in deeming. In fact, we tried to bring the amendment forward, and they said, “You can’t bring it forward; it’s out of order,” because they don’t talk about deeming in this bill. The standing orders say that, and that’s fair enough. My colleague the member from Niagara Falls asked for unanimous consent so we could debate the idea of even talking about it, so that we could even discuss the idea of having it. They still had the opportunity to vote it down at that point, but they didn’t want to talk about it because their mind is made up.

There is nothing this government loves more than to punch down on an injured worker. There is nothing they love more than putting their fingers in their ears when workers say, “This ability to deem me is punishing me and making my life more difficult.” There is nothing they like more than turning their back on injured workers and saying, “You’ve got it good enough.”

I know one of my colleagues from across the aisle is going to yell out about the 5% increase for ODSP, which a lot of these workers end up on. Basically, in the old days, we would have called this welfare. “ODSP,” I guess, has a better ring to it when you’re embarrassed about how you’re treating people who are living in poverty. But when you think of that 5% increase, I want you to imagine that there’s a waterline; this is the poverty line. This is where it was for people on ODSP, and that 5% increase brought you to here. You still can’t breathe. You’re still underwater. You still can’t pay your bills. But the good news is you got that 5%, so you should be thankful.

That’s the message the Conservative government gives to people: “We’re holding your head underwater. You’re not going to be able to survive.” Imagine the stress and the reality of that. “We cannot wait to do it. We’re going to pull you up 5%, but you’re not going to get to the surface. And not just that; we’re going to brag to people who don’t know enough about ODSP that we locked it in so as inflation rises, as the water goes up, you get to go up too, but never to the surface. We’re always going to keep you under the poverty line—and not a little under; far under. You can see the surface, but you can’t get to it.”

Imagine the ceiling, Speaker. It’s probably about 20, 30 feet above me. That’s where we’re holding these disabled workers. That’s where we’re holding these people, in poverty. That’s a government decision. The budget will come out probably at the end of next month or mid-month, and I’m going to predict “ODSP” won’t be a word in that budget. I’ll give you five bucks if it changes, but I’m telling you it’s not going to change.

Those are the bad parts of the bill, the main parts.

The other part of the bill that I want to talk about—I’m going to run out of time again because I’m not getting my full hour this morning. I think this is important too. When I was talking about the Digital Platform Workers’ Rights Act—this isn’t just an opinion that these workers are getting ripped off. If you go to any Tim Hortons, people will tell you they’re getting ripped off; they know they are.

It’s not like the Conservative government is waiting for an expert to tell them that these workers are misclassified as independent contractors. They’re not independent. They’re reliant on the app company for the job. There has been the Ontario Superior Court of Justice and an Ontario Ministry of Labour employment standards officer both indicating these app workers have been misclassified as independent contractors. So it’s not a handful of people talking about it. It’s not a guy who does the job who’s griping about it. These are authoritative figures. I know that there isn’t a court case the Conservative government loves to lose enough, when you think of Bill 124 and all the other court cases they lost, but the Ontario Superior Court of Justice has said that these workers are misclassified. And the Minister of Labour—it’s his bill. One of his employment standards officers has said they’re misclassified.

The Ontario Superior Court of Justice has certified the landmark $400-million class action lawsuit against Uber, filed on behalf of Uber drivers who have been misclassified as independent contractors by the ride-sharing giant. So what they do is, they look at the claim and they say, “Yes, I think you have a case.” They’re going to have to make a ruling on it. When there’s a $400-million class action lawsuit, they have a decent look at that before proceeding. They said, “I think it has merit to be heard.” You are not an independent contractor if you don’t control your hours and you don’t control your pay.

We also heard from nurses who said, “I’m not an independent contractor, and I have some flexibility in how I do my work as well.”

So I think that these workers are going to win, in the same way that I thought the workers from Bill 124 were going to win, in the same way I thought the workers from Bill 28 were going to win. Those workers won too.

I think the government could save the province a ton of money if they listened to me once in a while, because they’re getting it wrong again and again. Honestly, two days ago there was a motion to have night sittings, and the first thing I thought is, “Well, we need those night sittings because of the legislation they’re going to have to walk back later.” The majority of our time, basically, is walking back legislation from a Conservative government who loves nothing more than a “ready, fire, aim” philosophy of Legislature.

On February 22, 2022, Ministry of Labour employment standards officer Katherine Haire “found several violations of the Employment Standards Act—and employment lawyers and advocates say the ruling sends a clear message on the issue of employment status that gig platform workers have long fought for.

“Haire ordered the company to pay Uber Eats courier Saurabh Sharma wages he argued were deducted without notice last August, along with wages to make up for missing public holiday pay and minimum wage discrepancies.” This added up to $919.37. “The ruling also dinged the company for not allowing required breaks during all of Sharma’s shifts.”

So there’s a Ministry of Labour bill, and the Ministry of Labour inspector in 2022 said, “These are workers who are being violated by the Employment Standards Act.” And instead of the Minister of Labour from the Conservative government saying, “I never realized this. What a travesty that these workers are being punished by this billion-dollar company. What I should do is stand up for these workers. I should be the voice of these workers”—remember the slogan, “For the Little Guy”? You don’t hear it anymore, because nobody believes it—but that’s what the Ministry of Labour should have done. It should have been there for the little guy. Instead, they passed this act, this section, the digital workers’ rights protection act. They passed it so that those employees can no longer phone the employment standards agency inspector to have a complaint, because the employment standards agency won’t apply to those workers anymore. That’s the rights they have. The rights they have are that their rights were removed, and that’s what the Conservative government is trying to tell you is great in this bill.

I talked earlier about workers who were making about $6.50 an hour, a little over $2 an hour after deductions.

I want to remind everybody here that Uber, which is the largest company that does this, is worth $141.99 billion. I don’t know what they’re worth today, but that’s what they were—I looked it up during amendments: $141.99 billion. Do you know how they got rich that way? By paying people less than minimum wage. That is shameful.

I think we’re going to get the Feed Ontario report very soon again, and I’m going to predict—because it has been since 2018, since the Conservative government was elected—that more and more working people will be going to food banks. That number will increase again, like it has every single year.

Honestly, in 2018, when I talked about this, I was very fair to the Conservative government. You were just elected—not your fault; the Liberals did this. The Liberals created this trend. But the thing was, when you were elected, people were counting on you to fix it, as a Conservative government. People who were working full-time and going to food banks, people bringing their kids to food banks while having a full-time job—I talked about charity in the past, having to bring your kids to the food bank to put food on the table; working full-time in a job from the government and going to food banks. But that wasn’t fixed in 2018, or 2019, or 2020, or 2021, or 2022, or 2023—more than half a decade—and I have a feeling it’s not going to be fixed in 2024 either, because they are not listening to this.

There are sections of this bill that last time I called “already law.” I keep looking over at the clock because I got into these “they were already a law” parts last time, when they tabled this at 11:30 p.m. for me to speak. But, honestly, any time you want to talk about workers, I’ll come running.

Three schedules to this bill—already a law. Wage theft is already a law—it’s already illegal. In fact, the Ministry of Labour and the previous Minister of Labour are aware of this. They’re aware of almost $10 million that has been reported, that’s stolen from workers by bad employers. We heard during deputations, before amendments, that in fact the same employers do it all the time. It’s just not enforced. So they do it because they can get away with it. They know they will get away with it, because the Conservative government is aware of the $10 million that was stolen from employees—no effort to get that back, no progress. It’s not like the number goes down to $9 million, then $8 million. They’re not doing anything about it—open season, man.

Do you know what they’re doing? They’re holding press conferences to say that they’re announcing a bill that will have wage theft protection. What they’re not saying—because they want their picture in the paper, “Look what we’re doing for workers”—is that this actually exists as part of the Employment Standards Act, and it has for decades. We’re not enforcing it, but we want the photo op so people think that we’re working for workers.

The second part is a similar form of wage theft. It’s about when you’re doing trial work, when you’re training—that you have to be paid. This has been part of the Employment Standards Act, as well, for more than a decade. It’s just that employers rip people off, and the Conservative government doesn’t enforce it. Going out and standing in front of people and telling them, “Look at these great laws we’re bringing forward,” and not saying, “Yes, they’re already existing laws that we don’t want to enforce and we don’t care about,” is deceitful. It’s a terrible thing to do to people—

Interjection.

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  • Feb/28/24 11:40:00 a.m.

I want to thank the member opposite for that important question.

If she has had an opportunity to read the Roadmap to Wellness, she’ll see that we’re building a plan for the province of Ontario focused on children and youth, focused on adults and focused on seniors. In the process of doing that, we’ve invested $525 million annually, and we’ll continue to do so.

Mr. Speaker, we’re focused on children and youth. We know how important it is to invest in children and youth to ensure that they have the supports they need so that, as adults, they could live their lives the way everyone else does—and those investments are being made, whether it be through the pediatric fund that was created and was just announced by the Premier and the Minister of Health, whether it be through the nearly $500 million that was invested and we continue to invest in children and youth.

There’s a lot of work to be done, but we are making progress and we are building a system that is making a difference in the lives of everyone and providing services in each of the areas where people live throughout the province.

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I listened to the tirade from the member opposite—a whole lot of insulting language, which is common coming from the members opposite. They think that passes for debate and ideas.

But I’m really proud of our government for taking on the carbon tax and for trying to keep life more affordable for people. I wanted to ask the member opposite if she is in favour of a carbon tax and if she would support our legislation, which is trying to make sure that we get rid of a carbon tax by requesting a referendum in the future, because I’m worried that the members opposite would vote to take money away from hard-working families who are already struggling to make ends meet.

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