On April 11, 2022, Bill 88 – the Working for Workers Act, 2022, also known as "the Act," became law. It not only enacts a Digital Platform Workers' Rights Act, 2022, but it also makes amendments to several acts. These include the Occupational Health and Safety Act 1990, the Employment Standards Act, 2000, and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. Read on to know the summary of key points on what the passing of Bill 88 means for Ontario employers
1.
Workplace Electronic
Monitoring Policy
Employers who have 25 or more employees
need to maintain a written policy regarding the electronic monitoring of
employees. It should mention when the policy was created when it was modified
and how employees are monitored electronically. This policy should be provided
to employees within certain timeframes and should be retained for certain
periods.
2.
Changes to Employment
Standards Act, 2000 for IT and Business Consultants
Bill 88 defines what constitutes a business
consultant and an information technology consultant. It also highlights the
requirements that need to be met for Ontario's employment standards legislation
not to apply to such persons. These amendments will be enforced from January 1,
2023.
3.
New Digital Platform
Workers' Rights Act
This new act is meant to establish rights
for workers who perform digital platform work. It includes a right to
information, minimum wage, recurring pay period and payday, a notice of removal
from an operator's digital platform, resolving disputes in Ontario, reprisal,
director liability, complaints, and enforcement.
Digital platform work is defined as the
provision of payment rideshare, courier, delivery, or other prescribed
services by workers to whom an operator offers work assignments by using a
digital platform.
4.
Occupational Health and
Safety Act (OHSA)
According to Bill 88, OSHA is also amended,
and employers now need to provide naloxone kits and comply with related
requirements if the employer becomes aware or needs to be aware that a worker has
or might have an opioid overdose at a workplace where that worker performs work
for the employer, or where the prescribed circumstances exist.
There was also an increase in the
limitation period of which a prosecution must be instituted from 1 to 2 years.
Also, the maximum fines for directors and officers under the OHSA were raised.
It also implements a list of aggravating factors to consider when determining a
penalty.
5.
Fair Access to Regulated
Professions and Compulsory Trades Act, 2006
Bill 88 also established timelines within
which regulated professions must respond to applications for registration from
domestic labor mobility applicants unless an exemption is granted from the
requirement.
The Criticism
Gig Workers United and the Canadian Union
of Postal Workers have condemned Bill 88 passed by the Ford government.
Jennifer Scott, president of Gig Workers
United, said, "We know gig
workers around the world who have dealt with minimum wage for 'engaged time.'
This government is playing a dangerous game with devastating consequences;
bringing in a stand-alone bill that carves gig workers out of Employment
Standards Act rights and protections is exactly what Uber has been lobbying for
– this is the Working for Uber Act. I don't see how this Government could
pretend this is an improvement for us, when the $15 for time on assignment is
even lower than the wage Uber was lobbying for."
Know more about Bill 88 here.
Sources:
https://www.cupw.ca/en/second-class-minimum-wage-becomes-law-ontario
https://mathewsdinsdale.com/bill-88-passes-heres-what-it-means-for-ontario-employers-working-for-workers-act-2022/
https://www.lexology.com/library/detail.aspx?g=ae09f080-cc5e-4d02-9f73-05f4ba8f0e5d