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Ontario Assembly Bill

Ontario Bill 57

43rd Parl. 1st Sess.
December 07, 2022
Respecting Injured Workers Act (Workplace Safety and Insurance Amendment), 2022
  • This is a bill called the Respecting Injured Workers Act (Workplace Safety and Insurance Amendment), 2022. It is an amendment to the Workplace Safety and Insurance Act, 1997 in Ontario. The bill states that the Workplace Safety and Insurance Board cannot consider certain earnings as income that a worker is able to earn in suitable and available employment or business. This bill will come into effect once it receives Royal Assent.
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SteelmanSpren in Favour

  • One possible steelman argument in favor of Bill 57 2022, the Respecting Injured Workers Act, is that it aims to protect the rights and well-being of injured workers by ensuring fair compensation for their loss of earnings. The amendment to the Workplace Safety and Insurance Act, 1997, specifically addresses the determination of earnings that a worker is able to earn in suitable and available employment or business. By adding subsection (4.1) to Section 43, the Act clarifies that certain earnings should not be considered when assessing a worker's ability to earn income. The first provision of subsection (4.1) states that earnings from an employment that the worker is not employed in should not be considered, unless the worker unreasonably refuses the employment offer. This provision prevents the unfair assumption that a worker can earn income from a job they are not currently employed in, unless there is a valid reason for refusing the offer. The second provision of subsection (4.1) states that earnings from a business that the worker does not carry on should not be considered. This provision recognizes that a worker should not be penalized for potential earnings from a business they do not currently operate. It ensures that the assessment of earnings is based on the worker's actual employment or business activities. By enacting this amendment, the government of Ontario is taking steps to protect injured workers from potential unfair treatment in the determination of their compensation for loss of earnings. This can provide a sense of security and fairness to workers who have suffered injuries and may be unable to earn income at their previous capacity. Overall, the Respecting Injured Workers Act aims to promote fairness and protect the rights of injured workers by ensuring that their compensation for loss of earnings is determined based on their actual employment or business activities.

SteelmanSpren Against

  • Steelman Argument Opposing Bill 57: Bill 57, also known as the Respecting Injured Workers Act, seeks to amend the Workplace Safety and Insurance Act, 1997 in respect of compensation for loss of earnings. While the intention behind this bill may be to streamline the compensation process and ensure that workers are not taking advantage of the system, it is important to consider the potential negative consequences that may arise from its implementation. One of the main concerns with this bill is that it restricts the definition of earnings that a worker is able to earn in suitable and available employment or business. By excluding earnings from an employment that the worker is not currently employed in, unless the worker failed to accept the employment without good cause, the bill limits the opportunities for workers to explore new job prospects or career advancements. This provision may discourage workers from seeking better employment opportunities, as they may fear losing their compensation if they leave their current job. Furthermore, the bill also excludes earnings from a business that the worker does not carry on. This provision unfairly penalizes workers who may have entrepreneurial aspirations or who wish to start their own business. By disregarding potential earnings from a business that the worker does not currently operate, the bill discourages innovation and self-employment, which are important drivers of economic growth and individual prosperity. Another concern with this bill is the potential for abuse by employers. By placing the burden on the worker to prove that they had good cause for not accepting offered employment, the bill may create a situation where employers can exploit workers by offering them unsuitable or unfair employment opportunities. This provision may lead to a power imbalance between employers and workers, as workers may feel pressured to accept any job offer, regardless of its suitability or fairness, in order to maintain their compensation. In addition, the bill's short title, the Respecting Injured Workers Act, may be misleading. While the bill claims to respect injured workers, its provisions actually limit their options and potential for economic mobility. This may disproportionately affect vulnerable workers who are already facing challenges due to their injuries. In conclusion, while the intentions behind Bill 57 may be well-meaning, it is important to consider the potential negative consequences that may arise from its implementation. By restricting the definition of earnings and placing the burden on workers to prove good cause for not accepting offered employment, the bill may limit job opportunities, discourage entrepreneurship, and create a power imbalance between employers and workers. It is crucial to strike a balance between protecting injured workers and ensuring a
First Reading
  • Dec. 7, 2022, noon
  • In Progress
  • Read