Bill 64, Loi de 2016 sur la protection des stagiaires et la création d'une économie d'apprentissage

Sattler, Peggy

Current Status: étude d'un projet de loi Comité permanent de l'Assemblée législative

Viewing: Original (current version) pdf

Bill 64                                                          2015

An Act to amend the Ministry of Training, Colleges and Universities Act and the Employment Standards Act, 2000

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

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

Commencement

   2.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

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

Short title

   3.  The short title of this Act is the Protecting Interns and Creating a Learning Economy Act, 2015.

Schedule 1
learning through workplace experience ACT, 2015

Preamble

In the global knowledge-based economy, governments have an important role to play in ensuring that students have the education, skills and practical experience needed to live meaningful and productive lives and contribute fully to growth and prosperity.

Post-secondary programs that integrate work and learning opportunities, such as field placements, practicums, clinical placements, co-operative education work terms, internships, applied research projects and service learning, can provide significant benefits for both students and employers. When developed and implemented appropriately, these programs allow students to determine their fit with a potential career or industry while gaining practical work experience to enhance their resumes, improve their employability and increase their awareness of and confidence about future career options.

Since many employers hire graduates who worked for them as part of a post-secondary program, these programs enable employers to participate in developing the workforce skills needed for their industry or profession and to screen potential new employees. Ontario benefits from lower youth unemployment, increased productivity and a higher number of graduates who are equipped with skills that satisfy labour market demands.

While Ontario’s employers and post-secondary institutions currently offer many work-related learning opportunities to students, there is much work to be done to increase the quality and number of these partnerships and to ensure that Ontario realizes the full benefits that work-integrated learning can offer. Further, it is in the interest of the people of Ontario that no student enrolled in a post-secondary program that includes a work-integrated learning component is denied the opportunity to take part.

The Government of Ontario has a responsibility to establish mechanisms to encourage, facilitate and promote these work-integrated learning opportunities in order to meet the growing demand from students, faculty and post-secondary institutions while providing high quality learning experiences.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Section 1 of the Ministry of Training, Colleges and Universities Act is amended by adding the following definitions:

“service learning” means work experience designed to foster civic or social responsibility and leadership that is undertaken with a local, provincial, national or international organization to address community or global needs; (“apprentissage par le service”)

“work-integrated learning” means a work placement, including a field placement, a practicum, a clinical placement, a co-operative education work term, an internship, an applied research project or service learning, that satisfies the criteria in subsection (2). (“apprentissage intégré au travail”)

   (2)  Section 1 of the Act is amended by adding the following subsection:

Same, “work-integrated learning”

   (2)  For the purposes of the definition of “work-integrated learning” in subsection (1), a work placement is work-integrated learning if,

  (a)  the placement is undertaken in partial fulfilment of the requirements of a post-secondary course of study or as an option within a post-secondary course of study;

  (b)  the placement is supervised by a university, college of applied arts and technology or other post-secondary institution to an extent the institution considers appropriate, as well as by an employer;

   (c)  in the case of a co-operative education work term, a job description for the work term has been approved by the post-secondary institution, or, in the case of any other work placement, the work, the learning outcomes and the extent of supervision are agreed to in writing by the post-secondary institution, the employer and the participant before the work placement begins;

  (d)  in the case of a co-operative education work term, the work is consistent with the approved job description, or, in the case of any other work placement, the work is consistent with the agreed learning outcomes; and

  (e)  the post-secondary institution assists the student in critically reflecting on his or her work experience.

   2.  The Act is amended by adding the following section:

Advisory Council on Work-Integrated Learning

   3.1  (1)  The Minister shall establish an advisory group to be known in English as the Advisory Council on Work-Integrated Learning and in French as Conseil consultatif de l’apprentissage intégré au travail.

Membership

   (2)  The Council shall be composed of at least 17 and no more than 25 individuals appointed by the Minister in accordance with this section and the regulations.

Same

   (3)  The Council shall be composed of the following:

    1.  Two persons from chambers of commerce, boards of trade or other organizations representing employers.

    2.  At least one person from each of the following groups:

            i.  The Canadian Federation of Students — Ontario.

           ii.  The Ontario Undergraduate Student Alliance.

          iii.  The College Student Alliance.

          iv.  Colleges Ontario.

           v.  Career Colleges Ontario.

          vi.  The Council of Ontario Universities.

         vii.  The Ontario Confederation of University Faculty Associations, representing the faculty members of universities.

        viii.  The Ontario Public Service Employees Union, representing the faculty members of colleges of applied arts and technology or other post-secondary institutions, other than universities.

          ix.  The Ontario Cooperative Education Association.

           x.  Labour organizations, other than those representing faculty.

          xi.  Professional regulatory or licensing bodies.

         xii.  Professional associations, other than professional regulatory or licensing bodies.

        xiii.  Workforce planning boards.

        xiv.  Municipal economic development offices.

         xv.  The Ministry.

Chair

   (4)  The Minister shall appoint the Council’s chair from among its members.

Rules

   (5)  Subject to any restrictions in the regulations, the Council may make rules governing the conduct and administration of the Council’s affairs.

Mandate

   (6)  The Council shall,

  (a)  advise the Minister with respect to ways to increase work-integrated learning opportunities, particularly paid opportunities;

  (b)  make recommendations for improving the regulation and oversight of unpaid work-integrated learning opportunities;

   (c)  make recommendations for reducing the proportion of work-integrated learning opportunities that are unpaid;

  (d)  make recommendations for increasing awareness among employers in Ontario about,

           (i)  the benefits to employers of offering work-integrated learning opportunities,

          (ii)  resources and advice for employers with respect to providing appropriate work-integrated learning opportunities, and

         (iii)  the financial and other supports offered by governments and post-secondary institutions for employers who provide work-integrated learning opportunities;

  (e)  identify resources and supports that may assist post-secondary institutions to,

           (i)  incorporate work-integrated learning across multiple disciplines and faculties,

          (ii)  facilitate the effective delivery of work-integrated learning programs, and

         (iii)  maximize the educational benefits for students who participate in work-integrated learning programs;

   (f)  make recommendations with respect to ensuring that each qualified post-secondary student enrolled in a course of study offering work-integrated learning is given the opportunity to participate in an appropriate placement;

  (g)  make recommendations with respect to the design and creation of a website for sharing information about available work-integrated learning opportunities in Ontario, including information with respect to,

           (i)  specific programs or courses at post-secondary institutions that include work-integrated learning components,

          (ii)  the skills of students interested in participating in work-integrated learning,

         (iii)  the types of work-integrated learning opportunities being offered by employers,

         (iv)  the benefits to employers of offering work-integrated learning opportunities, and

          (v)  the supports and resources available to employers and students participating in work-integrated learning;

  (h)  monitor and report on Ontario’s progress with respect to work-integrated learning opportunities; and

    (i)  advise the Minister on any other matter in connection with work-integrated learning.

Reports

   (7)  The Council shall prepare an annual report on Ontario’s progress with respect to work-integrated learning opportunities, and the report may include further recommendations and advice in connection with the Council’s mandate.

Publication

   (8)  The Minister shall table the report in the Legislature and shall publish the report on a Government of Ontario website.

   3.  Section 4 of the Act is amended by striking out “such advisory committees” and substituting “such other advisory committees”.

   4.  (1)  Clause 13 (1) (a) of the Act is amended by striking out “section 1” at the end and substituting “subsection 1 (1)”.

   (2)  Clause 13 (1) (a.1) of the Act is amended by striking out “section 1” at the end and substituting “subsection 1 (1)”.

   (3)  Subsection 13 (1) of the Act is amended by adding the following clause:

(a.1.1) governing the Advisory Council on Work-Integrated Learning, including the appointment of members, their terms of office, their remuneration, the selection of vice-chairs and the filling of vacancies;

Commencement

   5.  The Act set out in this Schedule comes into force three months after the day the Protecting Interns and Creating a Learning Economy Act, 2015 receives Royal Assent.

Short title

   6.  The short title of the Act set out in this Schedule is the Learning Through Workplace Experience Act, 2015.

Schedule 2
Employment standards amendment ACT (greater protection for interns and vulnerable workers), 2015

   1.  Part II of the Employment Standards Act, 2000 is repealed and the following substituted:

Part II
Posting of information concerning Rights and Obligations

Minister to prepare poster

   2.  (1)  The Minister shall prepare and publish,

  (a)  a poster providing information respecting the rights of individuals who are deemed to be employees under subsection 3 (4.1); and

  (b)  a poster providing such other information about this Act and the regulations as the Minister considers appropriate.

If poster not up to date

   (2)  If the Minister believes that a poster prepared under subsection (1) has become out of date, he or she shall prepare and publish a new poster.

Material to be posted

   (3)  Every employer shall post and keep posted in at least one conspicuous place in every workplace of the employer, where it is likely to come to the attention of employees in that workplace, a copy of,

  (a)  the most recent poster published by the Minister under clause (1) (a), if the employer employs an individual mentioned in that clause; and

  (b)  the most recent poster published by the Minister under clause (1) (b).

Where majority language not English

   (4)  If the majority language of a workplace of an employer is a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of a poster that is required to be posted by subsection (3) into that language and, if the Minister has done so, the employer shall post and keep posted a copy of the translation next to the copy of the poster.

Copy of poster to be provided

   (5)  Every employer shall provide each individual mentioned in clause (1) (a) who is employed by the employer with a copy of the most recent poster published by the Minister under clause (1) (a) within 30 days of the day the individual becomes an employee of the employer.

Same

   (6)  Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Minister under clause (1) (b) within 30 days of the day the employee becomes an employee of the employer.

Translation

   (7)  If an employee requests a translation of a poster into a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of the poster into that language and if the Minister has done so, the employer shall provide the employee with a copy of the translation.

Transition

   (8)  If an employer employs one or more individuals mentioned in clause (1) (a) on May 20, 2015, the employer shall provide the individuals with a copy of the most recent poster published by the Minister under clause (1) (a) within 30 days of that day.

Same

   (9)  If an employer employs one or more employees on May 20, 2015, the employer shall provide the employees with a copy of the most recent poster published by the Minister under clause (1) (b) within 30 days of that day.

Information for certain individuals receiving training

   2.1  (1)  This section applies in respect of an individual receiving training who is excluded from the definition of “employee” in subsection 1 (1) because all of the conditions in subsection 1 (2) are met.

Written notice

   (2)  An employer shall, on or before the first day of employment of an individual mentioned in subsection (1), notify the individual in writing of the following:

    1.  The parts of the Act that do and do not apply to the individual’s employment.

    2.  The conditions set out in paragraphs 1 to 6 of subsection 1 (2) that are all met with respect to the individual receiving training.

    3.  The terms of the individual’s employment, including the length of his or her employment and a general description of the work to be performed.

    4.  The individual’s hours of work.

Same

   (3)  The employer shall ensure that the notice mentioned in subsection (2) identifies the individual in respect of whom the notice is issued and that the individual signs the notice to indicate that he or she understands the information set out in the notice.

Form of notice

   (4)  The notice mentioned in subsection (2) shall be in a form provided by the Director.

Information for Director

   (5)  The employer shall submit a copy of each notice provided to an individual under this section to the Director no later than one week after the individual’s first day of employment.

Annual report by Director

   (6)  The Director shall publish an annual report setting out the number of notices provided under this section.

Retention of records

   (7)  The Director shall retain a copy of each notice submitted under subsection (5) for 10 years.

   2.  (1)  Section 3 of the Act is amended by adding the following subsections:

Application, persons receiving training

   (4.1)  Subject to subsections (4) and (5), an individual described in subsection (4.2) is deemed to be an employee for the purposes of the following provisions of this Act:

    1.  Part VI (Records), except for paragraph 5 of subsection 15 (1).

    2.  Part VII (Hours of Work and Eating Periods).

    3.  Part XIV (Leaves of Absence), except for sections 51 and 51.1 and subsection 53 (3).

    4.  Part XVI (Lie Detectors).

    5.  Part XVIII (Reprisal).

    6.  Part XXII (Complaints and Enforcement).

    7.  Part XXIII (Reviews by the Board).

Same

   (4.2)  For the purposes of subsection (4.1), an individual must be one of the following:

    1.  An individual receiving training who is excluded from the definition of “employee” in subsection 1 (1) because all of the conditions in subsection 1 (2) are met.

    2.  A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled.

    3.  An individual who performs work under a program approved by a college of applied arts and technology or a university.

Regulations

   (4.3)  The Lieutenant Governor in Council may make regulations respecting the application of a provision mentioned in subsection (4.1) to an individual described in subsection (4.2).

   (2)  Paragraphs 1 and 2 of subsection 3 (5) of the Act are repealed.

   3.  Section 26 of the Act is amended by adding the following subsection:

Persons receiving training

   (3)  If a public holiday falls on a day that would ordinarily be a working day for an individual who is deemed to be an employee under subsection 3 (4.1), the employer shall give the individual the day off work.

   4.  The Act is amended by adding the following Part:

Part X.1
Vacation without pay

Vacation without pay for persons receiving training

   32.1  An employer of an individual who is deemed to be an employee under subsection 3 (4.1) shall give the individual a vacation of at least two weeks after each vacation entitlement year that he or she completes.

   5.  Subsection 96 (1) of the Act is repealed and the following substituted:

Complaints, information re contraventions

   (1)  A person alleging that this Act has been or is being contravened may,

  (a)  file a complaint with the Ministry in a written or electronic form approved by the Director; or

  (b)  provide information to the Ministry anonymously or through a third party, in accordance with the regulations.

   6.  Section 141 of the Act is amended by adding the following subsection:

Information provided anonymously

   (3.0.1)  The Lieutenant Governor in Council may make regulations,

  (a)  respecting the manner in which information may be provided anonymously or through a third party under clause 96 (1) (b);

  (b)  prescribing the circumstances in which an investigation must occur with respect to information provided anonymously or through a third party under clause 96 (1) (b);

   (c)  respecting the publication of information regarding the possibility of providing information anonymously or through a third party under clause 96 (1) (b);

  (d)  governing, clarifying or varying the application of provisions of this Act or provisions of the regulations in respect of information provided anonymously or through a third party under clause 96 (1) (b).

Commencement

   7.  The Act set out in this Schedule comes into force three months after the day the Protecting Interns and Creating a Learning Economy Act, 2015 receives Royal Assent.

Short title

   8.  The short title of the Act set out in this Schedule is the Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2015.

 

EXPLANATORY NOTE

The Bill amends the Ministry of Training, Colleges and Universities Act and the Employment Standards Act, 2000.

schedule 1
learning through workplace experience ACT, 2015

Schedule 1 amends the Ministry of Training, Colleges and Universities Act to establish the Advisory Council on Work-Integrated Learning. The Council’s members are appointed by the Minister from various groups. In general, the Council’s mandate is to advise the Minister in connection with work-integrated learning opportunities. The mandate also includes making recommendations with respect to a website for sharing information about work-integrated learning opportunities in Ontario. The Schedule requires the Council to report annually on Ontario’s progress in this area.

schedule 2
Employment standards amendment ACT (greater protection for interns and vulnerable workers), 2015

Under subsection 1 (2) of the Employment Standards Act, 2000, only some individuals receiving training from an employer are considered to be employees. Schedule 2 amends the Act to deem additional individuals receiving training to be employees for the purposes of specified parts of the Act. New requirements are imposed on employers with respect to certain individuals receiving training, including the requirement to provide information, the requirement to provide a day off work on a public holiday and the requirement to provide vacation without pay.

The Schedule also amends the Act with respect to allegations that the Act has been or is being contravened. Information regarding such allegations may be provided to the Ministry either anonymously or through a third party.

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