It’s fitting that we’re giving thanks to our pages, because I would like to welcome back one of the former pages to the House. We have Dan Chikane from North Caribou Lake First Nation in Kiiwetinoong. It’s his first time back since he was a page in this House in 1968. Please welcome Dan.

Point of order, Speaker.

Resuming the debate adjourned on March 22, 2023, on the motion for second reading of the following bill:

Bill 79, An Act to amend various statutes with respect to employment and labour and other matters / Projet de loi 79, Loi modifiant diverses lois en ce qui concerne l’emploi, le travail et d’autres questions.

As the critic for immigration, citizenship and international credential recognition, it’s an honour for me to speak to this bill, Speaker, because any time I have the opportunity to talk about workers’ rights, to talk about Ontarians and people who contribute so much, dedicate so much of their labour and hard work to put food on the table, but also to really make Ontario a better place and make this country a better place, it’s incredible for us to have this opportunity to talk about them and to be able to make laws that help them. So I’m really hoping that I can highlight some of these things in this legislation, and as an official opposition member, I also believe that it is my duty. We have reminders across the House here that tell us that you have to listen to the opposition, so I will also take this opportunity to talk about some of the ways that we could have done better and some of the missing pieces of this legislation that have been proposed as well.

Speaker, I also want to say before I begin that my colleague from Sudbury, our critic for labour, has also given me a lot of guidelines in terms of the conversations that he’s had with a lot of workers across the province. As critic, he has the opportunity to meet with a lot of labour unions and a lot of workers’ organizations and hear really incredible and, I would say, heartbreaking stories of so many workers, especially during the pandemic. I will take the opportunity here, if I can, to highlight some of those as well.

Over the last couple of weeks, we saw the Minister of Labour really—before this bill was actually introduced, Speaker—make a lot of headlines. We recently saw the headline about calling employers who take advantage of workers “scumbags,” and rightfully so. We also saw the minister make headlines about the bill and how he is going to provide washrooms for workers who don’t have access to clean washrooms. There are people who actually called me up and said, “You know what? This is great. A minister who is making toilets accessible is excellent.” These headlines really gave me a lot of hope, because these are some of the things that we heard about during the pandemic.

I want to start first by sharing one of the stories I heard right at the beginning of the pandemic. It was from a taxi driver who talked about how as soon as washrooms in Tim Hortons and McDonald’s were closed, they did not have the ability to have any access to washrooms if they were to go to work. This is something that I have highlighted in the House in the past as well, so when I heard these announcements, I was filled with hope, because these are some of the things that we know people across Ontario need. We heard about truck drivers who have always talked about how we can make their lives easier and, talking about essential workers—how important truck drivers were to make sure that we have food in our grocery stores and therefore we have food on the table as well, and how important it was for them to have an accessible, clean washroom.

So I was really hopeful seeing these headlines, but then when I went through this bill—and I must say, Speaker, after all the headlines, which means that we knew that this bill was coming, we only had an opportunity of just one day, yesterday, to actually go through this legislation. We are actually missing out on a huge opportunity to meet with stakeholders who would have been able to give us a lot of feedback. Should we introduce it? Talk to the stakeholders, talk about the specific schedules and hear their feedback so that we can actually do justice to this. Unfortunately, I am a little disheartened to see that because I would have liked the opportunity to talk to more of the stakeholders, more of the workers, more of the migrant workers, who I’m sure have excellent feedback, who have done a tremendous amount of work highlighting the issues that workers across this province face, and we would have had the opportunity to do so.

My question that I want to start with: Is this a headline bill or is this a bill about taking real action? To answer that question, what I want to do is go through the different schedules, because people across this province—and I know my colleagues across the aisle will agree as well because many of them sat on this side for many, many years. I was talking to the Minister of Labour this morning, and I know he sat on this side as well as an opposition member. You hear government after government make promises and give really beautiful, big words, but they’re hollow words, Speaker. They’re empty promises, and people have yet to see real action that actually facilitates these necessary jobs, which people across the province are calling for.

So what we’re debating in this bill—is it actually about empty promises, is it about some hollow words, or are we going to have some real action? And for that, I want to go through the different schedules, Speaker.

Let’s go through the breakdown of schedules. Schedule 1 really looks at the control of foreign nationals’ passports and work permit documents, and one of the things I started with, which was the minister’s announcement about the fines and the penalties and the increasing fines and some of the stories we’ve heard about the way a lot of migrant workers have been treated. The fact that any employer in this province would confiscate someone’s passport, someone’s travel documents, someone’s identification cards or any such documents, is just unbelievable, especially in a province like Ontario.

That has been happening for many, many years, and we’ve heard so many stories like that. We’ve heard about it after it takes place as well. We’ve heard about the $250 fine. We’ve heard about how people are forced to do work that they didn’t even sign up for because they’re afraid of losing their travel documents, their passports, and the fact that a lot of people are given this hope of a work permit and then they spend months and months working somewhere and then sometimes they don’t even get the income that they deserve, the pay they earned or the fact that the employers don’t live up to the promise of that work permit. Then this worker will be left without any hope, without any options, without any choice, really, to do anything.

Sometimes, many are forced to go back. Not only did they lose the money they earned, that they’re supposed to receive, but they have also lost money in coming here, in the application process and the fact that their living accommodations and the fact that they—and I know there are colleagues on both sides of the House where we have family members who have immigrated here. My father immigrated here. A lot of us know the struggle you go through to actually get into Canada and the cost there is. Then, obviously, once you come here, the cost of that as well. I am really glad to see that the minister is at least recognizing that problem.

And, then, the individuals who we’ve found in violation will be fined up to $500,000 and can face up to one year in jail, and for corporations it will be $1 million. The face value of this looks great. However, one of the things I looked at last night was—I thought, “You know what? We have the migrant workers’ alliance which is an organization that works for migrant workers that we are supposed to be helping through this legislation.” This is the response that the Migrant Workers Alliance for Change Canada wrote:

“Today’s announcement about increased fines for migrant passport seizures is designed as a distraction from Ontario labour law exclusions that allow for migrant exploitation and abuse.

“The EPFNA—Employment Protection for Foreign Nationals Act—doesn’t work. It is simply too difficult for migrants to prove exploitation under it. Increasing fines under this law will not ensure an iota more of justice. We call on Ontario to end employment standards exclusions, increase proactive inspections, implement the temporary help agency licensing regime to regulate employers and recruiters and hold employers financially liable for any exploitation throughout the recruitment process. The federal government must ensure permanent resident status for all as that is the only mechanism for migrants to assert their rights at work.”

The reason I wanted to read exactly the statement that the Migrant Workers Alliance for Change Canada wrote is because it really highlights the core of the issue here. It’s great to say, “You know what? A $250 fine is not enough.” But the new fine that is highlighted in schedule 1 is a scale. Going back to the idea of making headlines, on the headline it will say, “$1-million fine;” it will say, “$500,000 fine”—and that looks great, but it is a scale. The problem that the alliance pointed out is that if you don’t know that there is a problem, that there was something done wrong, then there will not be a fine, and this announcement actually distracts them from highlighting the main issue, because the actual system that we have doesn’t work, and a lot of these workers don’t even have the ability to assert their rights.

Speaker, I want to highlight some of the issues that migrant workers face in Canada, specifically in Ontario, and the inhumanity of their working conditions. During the pandemic, we heard about some of those. I know some of the members visited farms, visited workplaces across the province. There were life-threatening living conditions for many workers who were the ones who were picking the fruits, for example, who were providing food on the table for us. There were migrant workers who actually died during the pandemic because they did not have the right protocols, the right safety measures put in place in the places that they were supposed to sleep in, in the places that they were supposed to stay in.

The fines against employers who mistreat workers, for example—the other part of this is, who reports it? When we talk about someone whose passport has been confiscated, when we talk about someone whose travel documents, whose identification documents have been confiscated, do we really think they’re going to come out, call some hotline and say, “This is what’s happening; this is my employer”? And, now, on top of that, add the fact that this is someone who is relying on that employer to make a living, and they’re probably sending that money back home as well. That’s why they’re here, right? They’re migrant workers. If something happened to their employer, they’re also worried: “Am I going to be making an income?” If it happens to one of their colleagues and they witness it, are they going to be reporting it? What does that mean to them? Some of these pieces need to be highlighted.

The Ontario labour law exclusions continue to put migrants in exploitative and abusive work conditions. This is another part that a lot of migrant workers point out, because the current labour laws we have actually exclude these workers. So we can say that we’re adding all these regulations, we’re adding all these extra measures, but if you have a cut and you’re not healing that cut but you’re putting a Band-Aid on a different place, it doesn’t work. You have to first make sure that you heal that cut, you take the right ointment that’s necessary and then you do the other parts of it. So this schedule misses this significant part of it.

The other part is that when we have the enforcement mechanism, if someone does report it, let’s say—and the legislation reads, as the minister has pointed out, that we are actually expecting the migrant workers to call in complaints. So once someone does make a complaint—let’s say someone is able to come out and is finally able to make that complaint of that workplace violation and exploitation. We are really relying on these workers and their livelihoods and how precarious their working condition are to make these complaints and go through it.

The other problem that we have is the fact that we are actually relying on a whole claim method to be able to go through. If you look at international students, a lot of international students who work part-time, for example, face similar situations. They have to go through the Ontario website to file a complaint. Now you’re relying on this worker to risk their income, risk their livelihood, risk the income of their family’s livelihood to make that complaint.

This is important because it does bring us to a solution that we could have highlighted here as well. This goes back to some of the things that the minister talked about. One of the other headlines that was made was about the number of inspections that we’ve had. We saw the minister standing in front of a toilet or something—I don’t know—in front of a washroom. He talked about the inspections and how we are finally able to find out what’s happening in workplaces. What we need to do to actually solve the problem I just talked about is the number of inspections necessary in workplaces—I think we all agree that would have been a good method to find out what’s happening within these workplaces. You’re not putting the onus on the worker, but you’re putting the onus on the inspector, who is working for the province to make sure workplaces are safe and that they’re not exploiting workers. You have inspectors who go into these workplaces unannounced to find out what’s going on. Wouldn’t that be something? And we’ve tried this during the pandemic as well.

Unfortunately, Speaker, that is not something that’s part of the legislation. And let me tell you, not only is this not part of something that should be here—I really hope maybe the regulations will cover it—but in 2017 there were 3,500 inspections. Trust me, Speaker, you and I both can agree we are not praising the Liberal government. We know they could have done a better job, right? We all agree on that. I notice there are some heads nodding on the other side.

But, Speaker, guess what happened in 2017? We actually saw a decrease. So in 2017 we have 3,500, and guess what happened last year when we had—guess which government was in place? Was it the Liberals? No, it was this Conservative government, Speaker. So in 2017, under the Liberals, we had 3,500 inspections, but under the Conservative government in 2022, we had 215 inspections. From 3,500 inspections to 215 inspections, and you’re talking about making a headline? And this is actually online. This has been reported.

Now, the Ministry of Labour data shows that the number of inspections conducted to identify overall workplace violations such as wage theft has dropped significantly in recent years from 3,500 in 2017 to 215 last year. So I really hope that the minister will take this official opposition member’s feedback and this highlight that’s online, that’s in the Ministry of Labour’s report, and actually fix something that’s necessary, which is the amount of inspections that we need to have in order to actually find out whether employees, especially vulnerable employees who are migrant workers, are being exploited, and if they are, how can we help them? What is happening in that workplace, and how can we support them without putting their livelihood at risk?

Now let’s talk about the number of prosecutions. The number of prosecutions for employment standards violations also dropped to 34 from 233 over the same period. So you know how I told you all about 3,500 to 215 from 2017 to 2022? Now, the number of prosecutions for employment standards violations also dropped to 34 from 233 over that period of time. Speaker, there is nothing to be proud of for that.