Updated December 2008

ONTARIO PROGRESS OF BILLS, REGULATIONS AND POLICIES CHART

provided by HRinfodesk.com—Canadian Payroll and Employment Law News

Law/Detail

Summary

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Click on FEDERAL PROGRESS OF BILLS, REGULATIONS AND POLICIES CHART to view the federal government's Bills, Regulations and Policies in progress.

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The Ontario Legislature is currently sitting

1. Progress of Government and Private Members' Bills (new and amended legislation).

Bill 40, 2008, An Act to amend the Highway Traffic Act to prohibit the use of phones and other equipment while a person is driving on a highway

This private member's Bill amends the Highway Traffic Act to prohibit the use of a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations made under the Act while a person is driving a motor vehicle. There are exceptions for cases like emergencies, cases where a driver who is not a novice driver as defined in the regulation on drivers' licences uses the equipment entirely through a hands-free feature and other cases prescribed by the regulations made under the Act. To view the full-text of the Bill, go to the Legislative Assembly website.

Bill 73, 2008, An Act to amend the Highway Traffic Act to prohibit the use of phones and other equipment while a person is driving on certain parts of a highway

This private member's Bill amends the Highway Traffic Act to prohibit the use of a cellular phone, car phone, pager, personal data assistant, portable computer, fax machine or other equipment prescribed by the regulations made under the Act while a person is driving a motor vehicle in an area prescribed by the regulations made under the Act, including a community safety zone, within 200 metres of the scene of a motor vehicle accident or apparent motor vehicle accident or within 100 metres of a school crossing. To view the full-text of the Bill, go to the Legislative Assembly website. First Reading May 7, 2008.

Bill 71, 2008, An Act to amend the Employment Standards Act, 2000

This private member's Bill makes several amendments to the Employment Standards Act, 2000. The Bill provides for increased notice periods (16, 20 and 24 weeks, respectively), building them into the Act itself, and adds the requirement of a mass layoff agreement between labour and management, dealing with such matters as retraining and restructuring options. If no mass layoff agreement is reached, a uniform 52-week notice period applies instead of the 16, 20 and 24-week periods. Section 64 of the Act provides that an employee is entitled to severance pay if he or she has worked for the employer for at least five years and the employer has a payroll of at least $2.5 million. The Bill reduces the qualifying period of employment to one year and the payroll level to $1 million. Under section 65 of the Act, severance pay is calculated as one week's pay for each year of employment. The Bill increases this to two weeks' pay for each year of employment. Subsection 65 (5) of the Act, which caps severance pay at a 26-week maximum, is repealed. To view the full-text of the Bill, go to the Legislative Assembly website. First Reading May 7, 2008.

Bill 6, An Act to amend the Employment Standards Act, 2000 to provide for an Employee Wage Security Program

This private member's Bill amends the Employment Standards Act by adding Part XV.1, which establishes the Employee Wage Security Program and provides for the appointment of a Program Administrator. Under the Program, employees will be eligible for compensation for certain types of unpaid wages First reading December 4, 2007. Link to Bill 6. Second reading December 6, 2007 and sent to Standing Committee for review.

Bill 100, Ideas for the Future Act, 2008

The Bill enacts amendments to the Corporations Tax Act and the Taxation Act, 2007 to implement the Ontario tax exemption for commercialization announced in the 2008 Ontario Budget. It would provide a 10-year corporate income tax exemption for new companies that turn home-grown ideas into Ontario jobs and products. First reading September 23, 2008. Link to Bill 100. Received second reading on October 23, 2008 and sent to Standing Committee on Finance and Economic Affairs. Reported without amendment on October 30, 2008 and ordered for Third Reading. Received third reading on December 2, 2008.

Bill 11, An Act to amend the Smoke-Free Ontario Act to protect children and youth from second-hand smoke in motor vehicles

The Bill amends the Smoke-Free Ontario Act to prohibit smoking in a motor vehicle when a person who is less than 16 years of age is present in the vehicle. This Act comes into force on the day it receives Royal Assent. First Reading December 6, 2007. Link to Bill 11.

Bill 29, Occupational Health and Safety Amendment Act (Harassment and Violence), 2007

This private member's bill amends the Occupational Health and Safety Amendment Act to require employers to protect workers from harassment and violence in the workplace, to give workers the right to refuse to work in certain circumstances when faced with harassment or violence, to require an investigation of allegations of workplace related harassment and violence, and to require employers to take steps to prevent further occurrences of workplace related harassment or violence. Link to Bill 29. First Reading December 13, 2007

Bill 42, 2008, An Act to amend the Smoke-Free Ontario Act

The Bill amends the Smoke-Free Ontario Act to extend the prohibition against smoking tobacco in any enclosed public place, any enclosed workplace or other places such as schools to include a prohibition against smoking any controlled substance as set out in the Controlled Drugs and Substances Act (Canada) in that place or within 10 feet of that place. Link to Bill 42. First Reading April 23, 2008. Second Reading March 27, 2008 and ordered referred to Standing Committee.

Bill 107, Training for Workers Act, 2008

This private member's bill if enacted requires every employer with a payroll of $1 million or greater to contribute at least 1 per cent of the payroll amount to workforce training; any shortfall is to be contributed to the Workforce Skills Development and Recognition Fund. The Fund is administered by a Committee composed of representatives of labour unions, employers and government. The Committee may use the money in the fund to promote and support workforce skills development and related measures and initiatives. Link to Bill 107. First Reading October 6, 2008.

Bill 108, Apology Act, 2008

This Bill when enacted will implement new “apology” legislation. The purpose of the Bill is to ensure that an apology made by or on behalf of any person in relation to any matter would not be considered an admission of liability or fault, and would not affect any insurance coverage available to a person in relation to the matter. This would not apply to proceedings under the Provincial Offences Act. The Bill would also make the apology inadmissible in civil, administrative or arbitration proceedings as evidence of fault or liability. The rule against inadmissibility would not apply to criminal or Provincial Offences Act proceedings. Finally, the Bill would not affect the use that may be made in proceedings of convictions for criminal or provincial offences. Link to Bill 108. First Reading on October 7, 2008. Received second reading on October 23, 2998 and sent to Standing Committee on Justice Policy.

Bill 96, Registered Retirement Savings Protection Act, 2008

The purpose of the Bill is to protect registered retirement savings plans and registered retirement income funds, as well as deferred profit sharing plans, from most creditors. Those plans are, however, still subject to support orders enforced under the Family Responsibility and Support Arrears Enforcement Act, 1996 and orders respecting the separation of property in family matters. Link to Bill 96. First Reading on June 12, 2008. Received second reading on October 23, 2008 and sent to Standing Committee on Finance and Economic Affairs for review.

Bill 116, Pension Benefits Amendment Act (Unlocking Pension Funds), 2008

Currently, pension funds that are in locked-in accounts cannot be withdrawn except in specified circumstances. The Bill amends the Pension Benefits Act to allow up to the entire amount in the account to be transferred into a registered retirement income fund. The transfer can be made at age 55 or, if the pension plan provides for retirement at an earlier age, at that age. . Link to Bill 116. First Reading on October 23, 2008.

Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2008

On October 28, 2008, the Ontario government tabled proposed legislation that will ban the use of hand-held devices to talk, email or send text messages while driving. Link to Bill 118. First Reading on October 28, 2008. In second reading debate since November 20, 2008.

Bill 139, Employment Standards Amendment Act (Temporary Help Agencies), 2008

This Bill will amend the Employment Standards Act to set out obligations and prohibitions relating to temporary help agencies. Link to Bill 139. First Reading December 9, 2008.

2. Progress of New and Amended Regulations and Public Consultations.

Commercial Motor Vehicle Driver Exemption from the Employment Standards Act,Hours of Work Provisions

This is a proposed amendment to Regulation 285 of the ESA, that would exempt specified provincially regulated employee commercial motor vehicle drivers from the hours of work provisions contained in Part VII of the Act. Public consultation by the Ministry of Labour commenced on September 19 and continues till September 24, 2008.

2008 Proposal to Adopt New Occupational Exposure Limits (OELs) or Listing for 21 Hazardous Chemical Substances

Proposed Update of Occupational Exposure Limits. Public consulation comments due date September 18, 2008

Workplace violence prevention consultation

The Ontario government is seeking input to determine if current protections against workplace violence under the Occupational Health and Safety Act (OHSA) should be enhanced or clarified. Currently, there are no explicit requirements in the OHSA or its regulations concerning workplace violence. Under the general duty found under OHSA, all employers must take every precaution reasonable in the circumstances to protect the health and safety of their workers in the workplace. This includes protecting them against the risk of workplace violence. A consultation paper has been released outlining the issues around workplace violence. Comments are being requested from labour and employer stakeholders, as well as from the general public by October 17, 2008. Read the Consultation Paper on Workplace Violence Prevention www.labour.gov.on.ca. The consultation paper outlines how to submit your comments by fax, mail or email.

Pension Benefits Act: Draft Regulation Respecting Locked-in Accounts

The amending regulation would implement the 2008 Budget commitment to provide all seniors receiving income from Ontario locked-in accounts with greater flexibility and enhanced access to their locked-in funds. Comments Due Date: February 13, 2009. More information can be found at www.ontariocanada.com/registry/view.do?postingId=1501.

3. Progress of New and Amended Policies and Public Consultations on Expert Commissions

Expert Commission on Pensions public feedback

The government is looking to receive focused feedback from all interested Ontarians on “A Fine Balance: Safe Pensions, Affordable Plans, Fair Rules,” the report of the Expert Commission on Pensions. Comments should be provided by February 27, 2009, via this webpage: www.fin.gov.on.ca/english/consultations/pension/index.html.

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Click on FEDERAL PROGRESS OF BILLS, REGULATIONS AND POLICIES CHART to view the federal government's enacted Bills, Regulations and Policies.

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Bill 119, An Act to amend the Workplace Safety and Insurance Act, 1997

On October 28, 2008, the Ontario government tabled proposed legislation that if passed, would make workers' compensation coverage mandatory for individuals working in the construction industry. Link to Bill 119. First Reading on October 28, 2008. In second reading debate starting October 29, 2008. Second reading debate adjourned on November 4, 2008. Received second reading on November 6, 2008 and sent to Standing Committee on Social Policy for review. Reported as amended and ordered for third reading on November 25, 2008. Passed third reading on November 26, 2008 and Royal Assent on November 27, 2008.

Bill 124, An Act to provide for fair registration practices in Ontario's regulated professions, 2006

The purpose of this Act is to help ensure that regulated professions and individuals applying for registration by regulated professions are governed by registration practices that are transparent, objective, impartial and fair. Link to Bill 124. First reading June 8, 2006. Second Reading debated October 3, 10, 19. Second Reading carried October 19. Ordered referred to the Standing Committee on Regulations and Private Bills. Received third reading and Royal Assent on December 20, 2006. Section 35. (1) and section 36 come into force on the day this Act receives Royal Assent. Sections 1 to 34 come into force on a day to be named by proclamation of the Lieutenant Governor.

Employment Standards Regulation

the government has passed a regulation that will ensure that “elect-to work” employees like temp workers will have the same rights to public holiday entitlements as other workers, effective January 2, 2009.

Bill 69 2008, An Act to protect children from second-hand tobacco smoke in motor vehicles by amending the Smoke-Free Ontario Act

The Bill amends the Smoke-Free Ontario Act to prohibit smoking in a motor vehicle when a person who is less than 16 years of age is present in the vehicle. This Act comes into force on the day it receives Royal Assent. First Reading April 30, 2008. Link to Bill 69. In Second Reading debate May 13, 2008. Bill 69 received Second Reading on May 28, 2008 and ordered referred to Standing Committee for review. Being considered by Standing committee. Reported without amendments on June 12, 2008. Ordered for Third Reading. Received Third Reading on June 16, 2008. Received Royal Assent on June 18, 2008.