SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 22, 2023 09:00AM

The member from Mushkegowuk–James Bay—that was a good critique of the bill before us, but I noticed this bill doesn’t have the things that would make a huge difference in workers’ lives. As we all know, unionizing is one of the most critical things you can do to improve the lot of working people in this province, but there is no card-based certification. There is no mention of first-contract support. There is no anti-scab legislation.

Could you speak to the lack of these critical elements that would allow workers to unionize and actually exercise power to defend themselves in the workplace?

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I am honoured to rise in the House today to speak, on behalf of the great residents of Newmarket–Aurora, on the Working for Workers Four Act. This bill encompasses four main themes: (1) supporting workers in the service sector by clarifying existing provisions and adding new provisions to better protect workers; (2) striving for fairer treatment in the hiring process by ensuring increasing transparency and access to employment opportunities for all workers, including newcomers; (3) creating enhanced worker protections by strengthening employment standards and health and safety protections and supporting injured workers; and (4) encouraging labour market mobility by removing barriers to accessing good jobs/pathways in regulated professions and compulsory trades.

Our government is giving workers the help they need to find better jobs and bigger paycheques, while having their privacy protected.

That is why Ontario is proposing legislative changes that would require businesses to include salaries in job postings, giving workers more information to make decisions that benefit them. In 2022, only 30% of online job postings had salary information in Ontario. Pay transparency has become more common as workers desire open discussions about their wages while they are facing rising costs of living and ongoing pay discrepancies. If the legislation is passed and proclaimed, Ontario employers will be required to include expected salary ranges on all publicly advertised job postings. This is one step towards closing the gender pay gap, as research shows women in Ontario earned an average of 87 cents for every dollar earned by men.

Cathy Taylor, executive director of the Ontario Nonprofit Network, said, “Our research indicates that pay transparency is a key decent work practice that supports the recruitment and retention of top talent. Ontario’s non-profit sector employs 844,000 workers, 77% of whom are women, and we know that equitable compensation practices such as pay transparency can help reduce the gender wage gap and address systemic barriers that women, especially equity-deserving women, face in compensation. When salary ranges are disclosed on postings, job seekers have an easier time identifying whether the position and its compensation are the right fit while also supporting effective and streamlined recruitment processes for employers. We applaud the Ministry of Labour for taking this important step forward to embed decent work practices in legislation.”

In addition, our government is proposing to require employers to disclose if artificial intelligence—AI—is being used during the hiring process, giving workers more information to make informed decisions in their career search. With the increasing use of AI to streamline candidate selection and the historical pay differences between men, women and those from under-represented groups, we are taking action to ensure our province can tackle the labour shortage and job seekers get a fair shot at the Ontario dream.

In February of this year, 6.6% of businesses in Ontario were planning to adopt AI over the next 12 months. This number will likely increase over the coming months and years. The fact is, governments have a responsibility to keep up with evolving technologies. AI technologies can adopt harmful biases and decision-making that even their owners don’t properly understand. Algorithms generate high volumes of personal data about applicants and employees. As employment decisions affect people’s lives, job seekers should be informed when automated systems are being used to make hiring decisions.

Christin Cullen, CEO of the John Howard Society of Ontario, said, “The John Howard Society offices across Ontario specialize in assisting job seekers facing multiple barriers in finding employment. A transparent recruitment process is crucial to ensuring that applicants are well informed and have the tools they need to make decisions about their careers, which is why we welcome the Ontario government’s initiative to introduce legislation that requires employers to provide more comprehensive details in job postings, enhancing applicants’ access to information surrounding the hiring process.”

Thirdly, to help end workplace misconduct and hold abusers to account, our government is proposing to conduct consultations and detailed analysis on the use of non-disclosure agreements—NDAs—in the settlement of cases of workplace sexual harassment, misconduct or violence. The consultation would identify legislative options to restrict the use of NDAs while protecting the rights of victims and survivors. Ninety-four per cent of Canadian Bar Association members recently voted in favour of discouraging the widespread use of NDAs in settlement of cases of harassment and discrimination.

There are concerns within the legal and survivor communities about the adverse impact of using NDAs. Signing an NDA could prevent survivors from talking about their experience and protect perpetrators unjustifiably. However, prohibiting or limiting NDAs could be a disincentive to settlement, forcing more matters of this nature to litigation. Consultation with the legal community, survivors and employers would support a more complete assessment of risk and benefits.

Additionally, our government is introducing legislation that would, if passed, support injured workers by enabling super indexing increases to Workplace Safety and Insurance Board—WSIB—benefits, above the annual rate of inflation. What this means is that for an injured worker who earns $70,000 a year, a 2% increase could mean an additional $900 annually on top of the cost-of-living adjustments, which were 6.5% in 2023.

The proposed super-indexing amendment to the WSIB would, if passed, enable the government to make regulations setting out additional indexation increases and the dates on which they are to be imposed. This would require the board to apply the prescribed increases to benefit amounts—increasing the money injured workers receive. The proposal would deliver on our government’s public commitment to increase WSIB benefit payments to injured workers and survivors. This increases fairness to these recipients and helps them at a time of rising costs.

Ontario is also improving cancer coverage for firefighters and fire investigators by lowering the employment period needed to receive presumed compensation when diagnosed with esophageal cancer from 25 to 15 years. This means a firefighter with 24 years of service would no longer have to contest that their cancer was connected to their employment, giving them faster access to WSIB benefits and other critical services. Firefighters are everyday heroes, and they deserve our support. We are taking action to assist our brave firefighters and fire investigators dealing with cancer after workplace exposure to cancer-causing substances and chemicals.

On November 9, I attended the 2023 Central York Fire Services recognition ceremony in Aurora. It was an amazing event, so well attended by our local Newmarket and Aurora firefighters, their families, as well as local dignitaries, all in support of our local firefighters. I was so honoured to be there to recognize newly hired staff, federal exemplary service medals and bars, as well as the provincial long service medals and bars. These individuals choose a higher-risk profession. They are a unique brand of people who voluntarily place themselves in harm’s way in service for others.

As Edward Croker, the fire chief of the New York City Fire Department at the end of the 19th century, recognized, “When a person becomes a firefighter their greatest act of bravery is accomplished. What they do after is all in the line of duty.”

I also recognize the families for their unwavering support. It may not seem like a lot, but without their support, the firefighters could not make the difference that they have made and continue to make for the benefit of our community members.

After the ceremony, I had a conversation with Jason Beuving, president of the Central York Professional Firefighters Association, who was pleased with the minister’s announcement the day before regarding the improvements being proposed: “We’re very thankful to this government for recognizing that our current legislation needs to be amended. Reducing the latency period from 25 years to 15 years means the fallen firefighter’s death is recognized as a line of duty death and ensures that they, and their families, will have security moving forward should they succumb to esophageal cancer.”

I would also like to highlight the feedback I received from Ian Laing, fire chief of Central York Fire Services: “Firefighters are dedicated to serving their communities, and unfortunately, despite continually evolving safety measures, this job puts them at risk for various types of cancers. Continued support and enhanced policies that further protect the firefighters that put their life on the line to protect us all is very important. I am proud that Central York Fire Services recently introduced a wellness program that promotes early detection of medical issues. The program offers all firefighters an extensive annual medical exam based on the unique risks and adverse working environments that firefighters face daily.”

Furthermore, to help workers dealing with a critical illness, the Ministry of Labour, Immigration, Training and Skills Development will be launching consultations on a new job-protected leave to match the length of federal employment insurance sickness benefits, which is 26 weeks. Currently, under the Employment Standards Act, employees are entitled to three days of unpaid sick leave per year for personal illness, injury or medical emergency.

Also, the ESA currently provides unpaid job-protected critical illness leave for employees to care for specified family members with a critical illness. However, it does not apply to employees with a personal critical illness. A job-protected leave could ensure workers who receive a diagnosis of cancer or other diseases peace of mind, while they seek treatment, that their job will be there for them when they return.

If approved, these changes would expand on the groundbreaking actions the government has taken under the Working for Workers Acts, 2021, 2022 and 2023, that are already helping millions of people by introducing more leading-edge, pro-worker supports to help workers earn more, increase protections, and support newcomers.

Speaker, Ontario is facing a historic labour shortage, with nearly 250,000 jobs unfilled, which is costing billions in lost output. At the same time, only a quarter of internationally trained immigrants in Ontario work in the regulated professions they are trained for. To build a stronger province that works for everyone, we need newcomers with experience in health care, skilled trades and other critical sectors to be able to contribute when they arrive in Ontario. Our government could be earning $12 billion to $20 billion of GDP growth in each year by 2025 by closing unemployment and increasing participation rate gaps for recent immigrants in Ontario’s labour market. That is why our government is leading the country with proposed changes to help internationally trained immigrants work in the fields they’ve studied in, to build stronger communities for all of us.

After introducing historic legislation that banned regulated professions from requiring Canadian work experience in more than 30 occupations, we are introducing new legislation to prohibit Canadian work experience requirements in job ads or application forms. If you have work experience, regardless of which country you obtained it from, you should have a fair shot at being considered in a job interview. We want employers to hire the best candidates, and too many are unfortunately screening some of these options out before they’ve had a fair chance to be considered. Our government intends to introduce legislation that would, if passed, amend the ESA to prohibit employers from including a requirement for prior Canadian work experience in job ads or application forms. The proposed change, if passed, would ensure that prospective employees with the knowledge, skills and abilities to perform a job are not screened out during the initial stage of hiring.

In addition, these changes would, if passed, make it easier for international students learning in our province to qualify for the Ontario Immigrant Nominee Program, and improve oversight and accountability of how regulated professions like engineers, architects and geologists use third-party companies to assess international credentials, to ensure it’s done quickly and fairly.

Together, these changes will help thousands of otherwise qualified professionals pursue their dreams over the coming years, all while maintaining Ontario’s world-class licensing and exam requirements.

Also, our government is proposing several changes that would help the over 400,000 people in the restaurant and hospitality industry by updating the province’s Employment Standards Act, including by banning unpaid trial shifts and making clear employers can never deduct an employee’s wages in the event of a dine and dash, gas and dash or any other stolen property. No worker should have their pay deducted or see themselves put in harm’s way because someone else is breaking the law.

Dine and dash is more common than we might think it to be. Studies have found that one in 20 customers have dined at a restaurant and left without paying. Recent media coverage has shown that many restaurant owners in Ontario are unaware that they are not allowed to deduct employees’ wages for unpaid meals. While Ontario’s laws generally require employees to be paid for all hours worked and prohibit pay deductions, unpaid trial shifts and punitive deductions are still common in the restaurant and service industries.

While employees are generally prohibited from deducting wages, too many workers are unaware of their rights. This change would amend the Employment Standards Act, 2000, to send a clear message that deductions from wages for property stolen by customers, like in dining and dashing, are prohibited.

Speaker, I would like to thank the Minister of Labour, Immigration, Training and Skills Development, along with his two parliamentary assistants, for their remarks last week on this great bill that reiterates our government’s commitment to working for workers.

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Thank you to my colleague from Newmarket–Aurora for her excellent comments today on Working for Workers Four. The thing that I’m most excited about in all of these things we’re doing to help workers is helping newcomers who we desperately need to have working to their potential, not to mention the fact that a lot of immigrants come here from all over the world, they bring their skills, they bring their hopes and dreams and it’s wonderful to see people be able to realize those hopes and dreams.

I think this is something so important, so I wanted to ask the member from Newmarket–Aurora if she could elaborate on what the government is doing that will help job seekers who are newcomers who can contribute to Ontario’s economy, and give us a little more detail on that.

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