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Doly Begum

  • MPP
  • Member of Provincial Parliament
  • Scarborough Southwest
  • New Democratic Party of Ontario
  • Ontario
  • Unit 5 3110 Kingston Rd. Scarborough, ON M1M 1P2 DBegum-CO@ndp.on.ca
  • tel: 416-261-9525
  • fax: 416-261-0381
  • DBegum-QP@ndp.on.ca

  • Government Page
  • Mar/22/23 1:30:00 p.m.
  • Re: Bill 79 

Which means we could’ve done more inspections and more prosecutions—during COVID migrant workers died because they weren’t protected. During COVID we needed more inspections done because a lot of our workplaces, even coffee shops for example, did not have proper safety measures, which meant a lot of gig workers, a lot of precarious workers were not protected—a lot of front-line workers, a lot of essential workers who were defined as essential, Speaker.

And this is one piece that I know many of you know—and I know the President of the Treasury Board knows this very well because back then he was the minister for this. I talked about essential workers. An issue that I just can’t get over, Speaker: The fact that the Ministry of Labour could not define what was essential. And guess what happened? So many of these vulnerable workers went to work and caught COVID. Their family members were at risk. Some of them lost their family members. Some of them lost their lives, including health care workers like PSWs and nurses. In Scarborough as well, Speaker, they lost their lives because they were not protected, and this government could not even define what was essential.

I’ve talked about it many, many times, so I won’t go into that detail right now, but it’s in Hansard, and I’ve talked about it. I begged the ministry, I begged the Premier, I begged the House—just go back to look at what you have done, look at your policies, because you can save so many lives if you could just go back and define it—because guess what was happening? Some of these vulnerable workers, like migrant workers, a lot of women workers, Speaker—especially women workers—guess what they were doing during the pandemic? I know we talked about the pandemic, but guess what these people were doing? They were working at makeup factories. They were making foundation and lipstick. They were forced to go to work in order to protect their jobs, and they were risking their lives for that. How was that essential? That was not essential, and we asked the government to take action. They did not, and that’s on this government. That is on this government.

When we talk about foreign nationals and migrant workers and we want to come off as, you know, this incredible bill, Working for Workers Act 3, we need to also talk about the exploitation, the way it happens and the way we have to help them. We have to make sure that we understand who these individuals are. That includes women. That includes international students. That includes vulnerable people who rely on these incomes for their livelihoods.

There have been dozens of instances of the “scumbag employers,” as the minister describes, withholding wages, physically intimidating and threatening the livelihoods of these students. We have organizations that talk about it. I want to actually take a moment to highlight one of the organizations that just does amazing work to help workers. I had the opportunity to meet with a group of young organizers, many of whom are international students, who face precarious work conditions themselves. This is the Naujawan Support Network, the NSN Peel group. They have fought to win back hundreds of thousands of dollars in wages from these employers. What they’re doing basically is they’re shaming the employers. They work closely with the employees. This is like detective work: You have to really be careful of saving the identity and working closely with the employees, helping them. And then once it doesn’t work through negotiations, you have to go out there and shame them, and sometimes that’s how it worked.

One of the examples that you will hear, Speaker, is in Brampton, where international students actually worked together, and they shamed some of the restaurants and contractors, because the conditions were just brutal. They made sure that the employees got paid. Satinder Kaur Grewal actually said that she was paid C$100 per day for 12-hour workdays at Chat Hut. This was an example that was in the newspapers—$100 per day for working 12-hour workdays. The Chat Hut place actually had promised to support her permanent residency application, a tactic that I talked about. Many employers use it on international students to keep these workers in line.

After protesting with the NSN group, Satinder actually received C$16,495 in back pay from Chat Hut, in February. I want to thank this group for the work that they’re doing. There’s a lot that we can learn in terms of the actual problem that’s going on on the ground.

The other thing I want to point out is, when we talk about these conditions and how the whole information system will work, there’s a piece of awareness that needs to be put in place for this province as well, because a lot of workers are not watching this debate. They don’t see the highlights that take place. They don’t read the Toronto Star or find out. A lot of the people, for example, sometimes are removed from accessing some of this information as well. So we have to break that barrier and help them break that barrier so they are aware of some of their rights that are available to them. So that awareness piece and how they will get that information is also a big missing piece in this legislation as well.

When we talk about unannounced inspections for washrooms, I have to say, I’ve talked to some of my colleagues who go on the highways, and some of my colleagues, actually, who don’t live in Toronto or in Scarborough go further down. Sometimes they even have stories of how, when you go from Sudbury to Thunder Bay, for example, or Queen’s Park to back home in some northern parts of the province, you don’t have public washrooms. Actually, just let me correct that: You do have public washrooms in certain locations, but they’re not all season. Sometimes, they’re closed during wintertime because they’re not maintained. And the times that they are maintained, it’s disgusting. Sometimes even women will say, “You know what? Leave it open because I can’t breathe.” That’s how dirty it is.

That’s a big piece that people who just travel from one part of the province to another will tell you. Imagine constructions workers, imagine taxi drivers, imagine truck drivers who have no option but to find facilities like that. I want to highlight that, and I appreciate those who are listening, because it is an important piece that you have to really take into consideration when you legislate, when you put this bill together, when you put the regulations together. That’s schedule 1, Speaker.

I hope to go into schedule 2, which is the Employment Standards Act. This actually adds a clause: “the employee is in treatment, recovery or rehabilitation in respect of a physical or mental health illness, injury or medical emergency that results from participation in an operation or activity referred to in this subsection”—it actually goes on, so I don’t want to read the specifics on the bill.

I want to highlight that this is a very important piece that I’m really glad to see happen, especially as it relates to the Canadian armed services reservists, because adding it to the ESA in 2007—the Ford government made some changes in the past, and now we’re seeing some more amendments to it. I think it’s very important that workers, especially those who risk their lives to protect us, anyone who’s contributing to this province should have the ability to access health supports, especially mental health supports. It’s very important that we have this provision in there as well. I want to say thank you to the government for adding that.

I also see there is a little bit of some technical changes made as well. I think probably my dad is watching, so for him, I’m going to explain this. This section also includes changes to some of the technical pieces in terms of definitions of certain words, which allows for things like mass layoffs and who gets what—if you work in a home, for example, what does “establishment” mean? If it’s not a workplace—before that home did not qualify as that workplace. Now, it will allow for that, and it means that there’s notice that needs to go out.

However, there are some limitations to that in terms of how that will take place, and I think there’s some tweaking that needs to be done in the regulations, because if someone is working in a home, for example—because it’s based on seniority, if someone is new or works part-time, they may not be aware of exactly what’s happening in that workplace, that establishment. So there is some clear guidance that’s needed for the ministry here as well.

The other piece that I want to say—which is in schedule 2—because this talks about mental health; it talks about the support that will be provided. I want to actually highlight what I was expecting to see in this piece as well, which is the piece that the minister actually made another headline for. This is actually a piece that the former leader of the official opposition, Andrea Horwath, and many of our members, including our current leader as well, have highlighted in the past. Recently, we met with firefighters and we talked about this as well. Based on the recent announcement—and I call this “the headline bill” for a reason, because you made a headline for this. This is an excellent piece that could have been included in this legislation. What we were actually anticipating—but it was not included in this bill—was the addition of pancreatic and thyroid cancers as presumptive occupational illness for firefighters. I was really surprised this morning to actually see the Minister of Labour speak to this as well, as if it was in the bill. He spoke about it and how important it is, and I wholeheartedly agree: It is very important. When I met with firefighters who came for the lobby day, it was very simple. It was one of those things where I was just like, “I don’t understand why it’s not there already.”

So having this change enshrined, ingrained in the legislation would have been beautiful. I think a lot of people were anticipating seeing that as well in this bill, but, unfortunately, it wasn’t there. I was actually expecting to see it in this schedule as well, Speaker. This would have been a meaningful change for so many firefighters who have suffered through this. I hope that it will be retroactive as well, so that people who have already suffered through this and deserve to get compensation and deserve to get the support receive that support as well.

Moving on to schedule 3: This adds a new subsection to the Fair Access to Regulated Professions and Compulsory Trades Act. You all know this is one of my favourite acts. I feel like I have spent so much time talking about fair access to regulated professions. This schedule adds the section “Duty re public interest.”

I want to say, one of the things that I think the team was trying to do with this was to figure out how we make sure that we have—and they did say, in consultations with the minister and the minister responsible, to identify specific things in terms of qualified skills. Let me just go back a little bit so that anyone who is listening outside—and I know, members of this House, when we talk about skilled labourers, skilled workers, who come here with years of skill, with years of education and experience, they have worked hard. Based on that skill, based on that education, through a point system, they immigrate to Canada; they come to Canada. Whether you’re a migrant worker or whether you’re a domestic worker, you come here and you’re able to come to a new place so that you can make a living. You have hopes and dreams to do that.

What happens is that a lot of people, when they come here, in order to get recognized for their skills, have to go through a whole new process again. They have to go through a system where they have to prove their education, they have to prove their skills, but we don’t have a system. We don’t have a bridging program that actually allows that.

I brought in legislation, in my previous term, for second reading, and the government did support it. And do you know what? I’ll take it. I will take the fact that the government took pieces of that legislation and the feedback that I’ve given in my previous term and actually put some of that in their legislation. For health care workers they did put the PRA, the practice-ready assessment piece. The minister talked about it and they recognized it. I have yet to see the full result. I have yet to see the quota increased for internationally trained professionals—especially health care workers—to be recognized, to be able to find those opportunities. We are not there yet, but, unlike some of my colleagues, I think, I’m going to say I’m optimistic with this government that maybe they’ll get there. Let’s hope that they will get there. Let us really hope that they’ll get there.

What this section does is it looks at—where the regulated profession does not have a responsible minister, they actually allow for the Ministry of Labour to work together.

The other piece of it is the Canadian experience bit. When I talk about anyone who is internationally trained and comes here to work, it’s like when you pass grade 12 and you’re kind of dropped and you’re told, “Now go find a job.” If you want to go through any sort of regulated profession then you have to go through the whole system. In fact, it’s actually worse because they don’t have any networks. They don’t have the ability to go through a whole system. What happens is, people who come with, let’s say, five or 10 years of experience—I talked about a gynecologist who moved to Buffalo because she could not practise in Ontario. There are people who come here with an amazing, tremendous amount of skill and experience, but they are not able to practise, and one of the reasons is because they’re asked to provide Canadian experience. I’ve talked about this in the past, and I’m really happy to see that the government will be removing that requirement for Canadian experience.

I actually expected that in Working for Workers Act 1—and we kind of had a hint of it; it’s sort of like a drop in the bucket, but 1, 2, 3? We’re getting there; we’re slowly getting there.

The other loophole that some of the employers were trying to use which was an alternative to Canadian experience, which was injuring a lot of workers in order to be able to find work and be able to qualify—this loophole will be closed through this schedule, as well, I’m actually really excited to see.

However, one of the things that I have to point out is that this clause is very convoluted. What happens is that, in theory, this makes sense, but if you listened carefully in my past debates, I talked about what happens when you actually go to find a job. The discrimination you face, whether it’s an accent, whether it’s the country you’re from, the colour of your skin, the way you sound—all of those things actually make a huge difference. So coming from one country and having that skill all of a sudden puts you at the back of the line versus if you come from another country.

I have highlighted the fact that if you come from the UK or Australia, you get preferential treatment sometimes than many other countries. And, then, for example, I’ve had constituents, I’ve had advocates, I’ve had internationally trained professionals who have joined me during press conferences in past years to talk about their experiences, to talk about what they went through, as well, and how important it is to address this discrimination and address the way that a workplace will treat them when they try to get a job and get an opportunity.

So this clause, although in theory it is an excellent idea, there will be a lot of work that needs to be done still—maybe in Working for Workers Act 4 or 5 where we’re going to address the discrimination and we’re going to look at what kind of barriers a lot of these internationally trained professionals face, as well.

The next schedule that we have is schedule 4—another topic that I’ve talked about in the past, as well—which amends the Ministry of Training, Colleges and Universities Act to add the subclause granting access to the ministry to collect personal data from post-secondary institutions relating to employment services programs. This is tied into the recent employment services and the changes the ministry is making, and I really hope that the ministry will work together in terms of how we can make education closely tied with the job opportunities that students across this province have or right now lack. I hope to see respect for personal data, as well, from this schedule. This is similar also to another schedule that we’ll go into later on in terms of personal data.

Schedule 5 looks at the penalty contravention for the health and safety act, and I’m also glad to see the increase in penalty for anyone who’s in contravention of that. But, again, I have to repeat the same thing I started with, which is: How are we making sure that we know what kind of contraventions are taking place, how employees are treated, what kind of health and safety measures are there or lack thereof, and how are we making sure that employees are able to report those in a safe way so that they’re not risking their jobs? That’s something that is not part of schedule 5, and we have to make sure that if someone is in violation or if someone wants to report a violation, that they’re able to do that.

Now moving on to schedules 6 and 7. First, schedule 6 amends the ODSP Act to permit the Ministry of Labour to collect personal data of recipients relating to the expansion of the employment services program and the contracting out of these services, and then schedule 7 does the same thing for Ontario Works. My one piece of advice would be that I hope you do respect people’s personal data, and you must, especially when we’re talking about people with disabilities, people with personal histories, medical histories, and making sure that we are—and there is some ambiguity in this schedule, as well—we have to make sure that we’re helping people, especially the way that the service is administered in the province. Anytime I hear agencies and contracting out, I become very curious, because that means there’s third-party involvement and that means we’re also looking into the private sector—how are we doing that and are we taking away jobs from the public sector, and the fact that we have to work together to make sure that we are protecting our public services, we’re protecting the public networks that we have that help people who are trying to get a job, who are on Ontario Works, especially those who are dealing with a disability.

But when I looked at these two schedules, Speaker, and I saw ODSP and I saw Ontario Works, I thought that there must be something more. Because you have a chance to open up the Ontario Works Act and the Ontarians with disabilities act, and this is what you’re amending? Like, after everything we went through for the past years and all the questions and all the stories, this is what you’re amending?

It was just Monday when we had Feed Ontario here, and we had people here telling us how there was a 40% increase—a 40% increase—in food bank use, and so many of those people—guess what—are on ODSP and OW. Yes, there are results, and I know the government’s probably going to ask me questions and talk about the previous record, but if you look at the last 10 years, which is when that 40% increase happened, within those 10 years, five are on the Liberals, but the last five here are on this Conservative government.

I frequently get people coming into my office who talk about when they start getting their CPP, for example, or if they qualify for anything else, guess what happens? There’s clawbacks. Our government deducts money from people who are getting a benefit, who are getting another benefit from the federal government, for example, a benefit that’s deserved. You have clawbacks on CPP, for example. I can’t even fathom—it’s heartbreaking. Someone will come in, and they’re so happy. They’ll tell us that maybe next month they’ll have $300 more, and guess what happens?

Interjection: Nope.

3670 words
  • Hear!
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