SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
May 8, 2024 09:00AM

I’m pleased to rise today to debate Bill 190, the Working for Workers Five Act, 2024, alongside the Minister of Labour, Immigration, Training and Skills Development. I want to acknowledge the leadership of the minister and the entire team at the ministry, who are working to support workers in our province. I see, every day, the minister’s passion to make things better for the workers of the province of Ontario and I applaud his work with the measures contained in this bill.

I’d also like to thank the Premier for his leadership and support of our government’s actions and trail-blazing legislation for Ontario workers. He truly leads by example, working for workers to make sure we keep the Ontario dream within reach of more people.

Thank you also to the members of caucus and workers who have advocated and consulted on the changes in this bill. As a professional and also as a woman, I am proud of the proposals we are making to the Working for Workers Five Act to further support women at work.

Canadian research, as recent as 2022, has shown that women are more likely to be subjected to workplace harassment, including online harassment, than other workers. People who face multiple intersectionalities such as gender, race or disability are also very likely to be harassed. This includes online harassment. As many workers now work from home all or part of the time, virtual harassment is something we increasingly need to ensure we are protecting workers from.

We need to recognize that, with the change in our technologies, our legislation has to change as well. That is why, as part of this bill, we are proposing to modernize the Occupational Health and Safety Act to include virtual harassment. We’re acting to reflect the realities of modern work in our legislation and to better protect workers no matter where they perform their work.

To complement this proposal, our ministry is also planning consultations on more potential changes to prevent and address complaints and incidents of workplace harassment. Harassment is unacceptable. It makes going to work very difficult. Whether it’s online or face-to-face, our government’s message is simple: It has to stop. And we are working to ensure that it does.

While addressing virtual harassment is an incredibly important change for all workers, especially women, I’d also like to talk about some other important changes our ministry is proposing to specifically support women in the trades, particularly in construction.

We have seen an increase in women working on construction projects, and we’ve heard their requests to make their workplaces more inclusive. In fact, a 2022 survey of Ontario tradeswomen in construction cited better washroom facilities as one of the things missing to make this type of work more appealing to women. Some of us in here can relate to that. To help, we are proposing a change to the construction regulation to require constructors to provide menstrual products on many construction sites. Those construction sites affected would be those with 20 or more workers and expected to last three months or longer—sites where it would be feasible to have a reasonably private place to access menstrual products.

While only 13% of workers in Ontario’s construction industry are women, we want to increase this number. Changes to ensure that their needs are met on the job site will help.

To bring better washrooms to all workers as part of our Working for Workers package, we’re proposing new requirements under the Occupational Health and Safety Act for washrooms provided for workers. While in construction it’s already a requirement for washrooms to be kept in a clean and sanitary condition, we’re now proposing to roll it out to similar workplaces all across Ontario. And to ensure that this is a regular practice, constructors and employers will be required to maintain an up-to-date cleaning log for each washroom, to be prescribed by regulation in the future. This will allow workers to see when the washrooms were last cleaned and to keep the people in charge accountable.

Washrooms need to be kept in a clean and sanitary condition, not just for workers’ health, but for their dignity as well. No worker should be confronted with a dirty washroom while they’re at work, where you have to make the choice to either stay on site or go off-site to use the washroom. It should be that way for every workplace.

These hard-working people are showing up day in and day out to do their jobs, and we all need constructors and employers to do their part.

To further protect workers, we will also consult on expanding the types of equipment to be provided on construction sites. Equipment like defibrillators—something that can make the difference between life and death in the event of a sudden cardiac arrest—is important on the job site. This is in addition to a comprehensive review of traumatic fatalities in the construction sector.

We have heard some of the sad stories of workers that have gone to work and have not come home, and so we’re charging the Ontario Chief Prevention Officer, Dr. Joel Moody, to do a comprehensive consultation, as well as incorporating asbestos-related data into the ministry’s forthcoming Occupational Exposure Registry to improve our efforts to prevent future asbestos-related illnesses.

Earlier, the Minister of Health made this announcement: To better protect workers, increase fairness and, importantly, reduce unnecessary burden on health care providers, we’re proposing a change to the Employment Standards Act to prohibit employers from requiring sick notes for the three unpaid sick days employees are entitled to under the act. This change to put patients before paperwork would, if passed, help people avoid unnecessary trips to the doctor’s office when sick. This means fairness for employees who can better recuperate at home. It means better safety for health care workers who would now see less exposure to people with communicable diseases looking to complete paperwork, and for patients in waiting rooms. It would mean many hours saved for primary care providers, which we have heard from the Ontario Medical Association.

Family doctors spend approximately 19 hours per week on administrative tasks, including four hours of that writing notes or completing forms for patients. Let’s get those paperwork hours back for them to, instead, spend those taking care of patients.

I want to emphasize that employers would still have tools available to maintain staff accountability around sick days off, such as requiring attestations or asking for pharmacy receipts, depending on the circumstances. This is about reducing unnecessary burden on our health care system while continuing to support both workers and employers. And it complements other actions by the Workplace Safety and Insurance Board efforts to collaborate with health sector organizations as they explore additional measures to reduce administrative burdens for sick or injured workers and health care professionals.

Speaker, we continue to do more. I would like to talk about workplace fairness—the minister mentioned this earlier. We want to send a message that employers who break the rules and exploit or endanger workers will face the consequences. That is why we are proposing changes to the Employment Standards Act that would, if passed, double the maximum fine for individuals convicted of violating the act from $50,000 to $100,000. This would make Ontario’s maximum fine for individuals the highest in the country and send a message to unscrupulous employers that it’s unacceptable.

We’re also increasing the penalty that an employment standards officer can issue for certain repeat offenders by five times. It’s a change from $1,000 per penalty to $5,000. That is less than the price of an iPhone to a more substantive penalty, especially when it’s multiplied by each employee affected. And it would be available for officers to issue on third or subsequent contraventions of the same provision.

These changes are designed to make bad actors think twice before they violate the act, and to give the courts and our officers more leverage to appropriately penalize those that do, levelling the playing field for Ontario’s majority of responsible employers.

So to recap, all of these changes have one goal in mind: putting workers first, because an economy that doesn’t work for workers, does not work at all. Through our Working for Workers packages we have been, and plan to continue, making common-sense changes that put workers in the driver’s seat.

The themes that the minister and I have spoken about today are not new. In fact, this government has shown its support for workers in several of its Working for Workers packages. For example, in 2022, we stood up for members of the Canadian Armed Forces by expanding military reservist leave to cover time spent in Canadian Forces military skills training and reduce the amount of time military personnel need to hold a job before they can take the leave. We reduced that from six months to three months. And again, in 2023, we improved military reservist leave yet again, expanding reasons for the leave and further reducing the time reservists need to be employed before taking leave.

The firefighter presumptive coverage improvements outlined today also build on improvements in 2023 when we expanded presumptive occupational cancer coverage for firefighters and fire investigators to include thyroid and pancreatic cancers, as well as further improvements this year when we reduced the time firefighters and fire investigators need to have been employed prior to diagnosis to receive presumptive coverage for esophageal cancer, from 25 years to 15 years. That is substantial.

We have been protecting the safety and dignity of workers from the very beginning of the Working for Workers series. Legislation passed by this House in 2021 gave delivery workers the basic human dignity of access to a restroom at businesses they are serving. And in 2023, we improved washrooms for construction workers by mandating clean, well lit and properly enclosed washrooms on all construction sites, and improved job sites for women by requiring women-specific washrooms on larger sites, as well as properly fitting personal protective equipment and clothing be available for workers of all body types, making construction work safer and more inclusive. We know that when women are on site with ill-fitted protective gear, it puts them at risk.

And to demonstrate our seriousness about safety and bad actors, in 2022 we increased the maximum fine for corporations convicted of Occupational Health and Safety Act violations to $2 million, emphasizing our dedication to putting worker safety above all else.

We have also been proactive around the opioid epidemic’s effect on workplace safety, mandating that certain at-risk workplaces have life-saving naloxone kits on site, and workers must be trained on how to use them. This was passed in 2022.

Fairness for employees and job seekers has been an ongoing theme for this government’s improvements since 2021. To protect vulnerable workers, we introduced mandatory licensing for recruiters and temporary help agencies, and followed up last year with changes that, once proclaimed, will require employers to disclose the expected compensation or rate of compensation in publicly advertised job postings to ensure job seekers have clear information about the pay they can expect before they decide to apply. There’s nothing like going through the entire process and finding out that what you’re getting paid wasn’t even worth the time.

We also ensured fairness for hospitality and services sector staff by clarifying and introducing some important employment standards. These include:

—clarifying employers cannot deduct wages when customers dine and dash, gas and dash, or otherwise leave without paying. Those workers should not be penalized;

—clarifying that employees must be paid for trial shifts;

—requiring employers to disclose if they have a policy of sharing worker tips and post it in the workplace; and

—requiring employers who pay tips using direct deposit to allow their employees to select which account they want them to be deposited.

This continues, Speaker: To ensure fairness for Ontario workers, it’s important to keep our laws current to new technology and applicable to real life. That’s another thing we’ve been doing through Working for Workers. Technology in the workplace has transformed how we operate, communicate and innovate. We addressed this in 2021 by introducing a requirement for larger employers to have a written policy on disconnecting from work to safeguard people’s personal and private time in an era where work can easily follow you home. And we followed up in 2022 to protect privacy with a requirement for large employers to disclose how they’re monitoring their employees electronically, as well as a change to the Employment Standards Act to ensure that employees who work solely remotely are counted for when mass termination provisions happen, and that they receive the same protections as their in-office counterparts—because they are, after all, employees.

This government has also been working to get people into jobs through Working for Workers packages to ensure red tape and unfair practices don’t stand in the way of newcomers who aspire to contribute to our communities. It is unfair that people come with a dream and have those dreams dashed because they encounter challenges around their experiences and their job that they bring to Canada. In our last package, we made changes that, once proclaimed, will prohibit all provincially regulated employers from including a requirement for Canadian experience in job postings or application forms. This was a natural extension of our 2021 prohibition on Canadian experience as a requirement for registration in the more than 30 regulated professions and compulsory trades.

We are helping put newcomers on a path to success by enabling them to start careers in Ontario that match their skill sets, including skills that we need in sectors like health care and the skilled trades. This is why we have also been addressing barriers internationally trained individuals may face when having their qualifications assessed, such as changes to improve transparency and accountability for the assessment of qualifications by the regulated professions and third parties.

Speaker, as you can see, this package extends the groundbreaking supports and improvements already helping millions of workers across the province by protecting the health and dignity of workers and front-line heroes, ensuring fairness for employees and job seekers, supporting women at work, removing barriers to employment and making it easier for more Ontarians to start a career in the trades. We are using every tool in our tool box to work harder for workers each and every day, to not only to protect workers but to also keep and attract more workers in the province to ensure our economy remains strong. As I said, the themes aren’t new. We are building on the past bills we have introduced under the leadership of the Premier, and we will always keep working to support and protect workers.

I call on all members of this House to join me in supporting Bill 190, the Working for Workers Five Act, 2024. Thank you, Speaker, for the opportunity.

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My question this morning also to the minister: You brought up the notion of ghost jobs, and I appreciate that. Essentially, ghost jobs are jobs that people work for that never actually appear. I want to talk about foreign temporary workers, migrant workers, who also are in ghost jobs with the promise of a working permit that also never appears. Really, this is a form of labour trafficking. There’s no other way of going about saying that. Temporary foreign agencies and contractors use this to exploit workers—absolutely no doubt that that happens. We have workers who are given the promise that they would be allowed to stay in Canada to continue to work, but that never happens.

You mentioned that your counterpart, Minister Miller, at the federal level—I’d like to hear what you will be bringing up as part of this exploitation of workers in the province.

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