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Terence Kernaghan

  • MPP
  • Member of Provincial Parliament
  • London North Centre
  • New Democratic Party of Ontario
  • Ontario
  • Unit 105 400 York St. London, ON N6B 3N2 TKernaghan-CO@ndp.on.ca
  • tel: 519-432-7339
  • fax: 519-432-0613
  • TKernaghan-QP@ndp.on.ca

  • Government Page

It’s an honour for me to rise here today to add some remarks on Bill 200. To my mind, this marks some of the best collaboration I have had the opportunity to witness within this chamber in my six years as a legislator.

We’ve all seen the horrific stories of seniors, people living with disabilities and new Canadians who have been targeted by these insidious HVAC scams. It’s been absolutely unconscionable to see that these companies will end up using ridiculously long contracts that actually are longer than the lifespan of the unit, and that the contracts will also have these appliances accrue interest year over year. What appliance gets more expensive the more you use it? It makes no sense. The fact that they will take a bite out of the value of a homeowner’s home is absolutely unacceptable.

The reason we are here is because the dithering Liberal government did not respond to this crisis properly. They banned door-to-door sales, but yet there was no enforcement to that. It was like they took care of a side issue. They looked at the method of this scam, but not actually the beating heart of this scam itself. The beating heart of this scam is the NOSI or the lien.

Despite the fact that door-to-door sales are banned, these companies have found other ways in, they have pivoted. They will contact people through email, they will set up phone calls, they will tell people that they have won prizes, thereby gaining entry.

I want to thank all of the investigative reporters, whether it’s W5 or CBC Marketplace, who have had hidden-camera investigations, which have really shone a light on what this scam actually is.

It’s been really unfortunate that Liberal inaction has allowed these companies to continue to get away with this for so many years. So here we are today, dealing with this issue in a collaborative, proactive way.

I’ve got to say, I was initially not all that impressed when the government first mentioned the study of NOSIs. I was a little bit worried. I thought it would be imbalanced, unfair and that people wouldn’t receive justice. I’ve been following this for a number of years. It’s something that I’ve cared very passionately about, and I’ve got to say that there’s been so much work done in this space, and as legislators, we cannot ignore what has happened in people’s lives.

After thinking about this for some time, I’ve tried different ways to develop legislation to combat it. There’s been many different approaches, but we have to cut the head off of the snake with this scam. We have to get rid of the beating hart of this scam which is the NOSI or the lien.

I want to thank Dennis Crawford, who has been incredible to work with. He’s done excellent work fighting for and informing people about this scam. And I also want to thank people who came forward and shared their stories with us.

There was Linda Palmieri, a constituent of the MPP from Humber River–Black Creek. We had staff litigation lawyers from the Advocacy Centre for the Elderly, Sarah Tella and Bethanie Pascutto.

This fall, when discussing the consumer protection bill, Bill 168, I was asking this government time and again if retroactivity was going to included within any discussion of NOSIs and we weren’t really given much cause to support any upcoming legislation, because there was really no indication that retroactivity was going to be provided. I was really quite worried that this government wasn’t going to go far enough, so as a result, I tabled my bill, Bill 169, and I want to thank the member for Humber River–Black Creek, our consumer protection critic, I want to thank the member from Waterloo and I want to thank the member from Parkdale–High Park for also being my co-sponsors on this legislation.

I’ve got to say, I did prefer my title, but I decided not to go and change that during Committee of the Whole House. It was the Removing Red Tape for Homeowners (No More Pushy, High-Pressure HVAC Scams) Act, but with that legislation, it did both things: It looked forward and it also looked backward. It included that retroactivity which is central and is key and is something that we must do.

It’s not fair to go and say, “Now is year zero, and we’re going to start looking after people and make sure that they aren’t being scammed.” We need and we have a moral and ethical duty to make sure that people who have been victimized and exploited by this scam are also protected, and so I want to thank the government for including that within Bill 200.

I’ve got to say, on the day when I tabled this legislation along with my co-sponsors, I had the opportunity to ask, in question period—and there aren’t many times where I’m, quite frankly, speechless, but when I asked the Minister of Public and Business Service Delivery about this, and the minister indicated that they would be following Bill 169 and including retroactivity, I was so glad. I’m so glad to see that we, together as legislators, are going to take care of an awful mess that has been left for years—to take care of this predatory, horrible industry which exploits people and takes money out of their pocket.

I want to thank also police services, advocacy organizations—all the people who have been trying to get change within this space for a number of years.

I also want to share some feedback that I have received, and it was written to me:

“Without the opposition pushing this issue forward, the government may not have acted until later, and their action may have been less comprehensive than what has been proposed in the announcement.

“Thank you, Terence, for your leadership on this important public issue!”

I want to also send a message from this Legislature to those predatory scam companies. I want to ask them a question: How on earth is it possible that you can live with yourself when every dollar in your pocket is based on human suffering? I want to ask: How could you look yourself in the mirror and pretend that you’re a decent person? This Legislature today has shown that we are on to your scams. You can try to pivot. You can try and slither away, but we will continue to respond with legislation to make sure that this does not happen to seniors, people living with disabilities and new Canadians. Stop scamming people and put your efforts into a real, decent job.

Thank you very much for the time, Speaker. Again, I commend the Minister of Public and Business Service Delivery. I want to thank all members here for providing me with this opportunity to speak today.

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It’s always an honour for me to rise and add the voices and perspectives of the wonderful people of London North Centre here in this chamber.

As I rise today to debate Bill 190, I’m reluctant to use the title itself because I often find that with this government there are unintentionally ironic titles to pieces of legislation that they create. As I take a look at this bill, I want to consider following the money, because, quite frankly, with much of the legislation that this government enacts, they simply don’t respond to the cost-of-living crisis that we see here in our province, and the plight of workers who are struggling to make ends meet, to pay for a roof over their heads, to pay their utility bills and to put healthy food on the table for themselves as well as their children.

The Fraser Institute actually just released a report just today that shows the trend of incomes in Ontario over the last two decades. It is entitled Ontario’s Two Lost Economic Decades: 2002-2022. It finds, by using a big-picture perspective and using several key indicators, that minimal economic progress was made for Ontarians during this time and that we actually lost ground relative to the country. It found that the GDP per-person growth was the second worst nationwide; business investment per worker over the 20-year period was only 61% of the national average. Here in Ontario, businesses are not investing in their people. The report was created by Ben Eisen, senior fellow from the Fraser Institute, and Eisen states, “On a number of important economic metrics, Ontario is lagging the rest of the country, which ultimately means Ontario workers are falling behind, along with opportunities for them.”

As we follow the money, I can’t help but also need to communicate to this government, despite their ideological opposition to health care workers as evidenced through Bill 124, as well as their ideological opposition to education workers with the bill that was until it wasn’t, we see a lot of really punishingly low wages for people across health care sectors.

I had the opportunity with the MPP from London West and the MPP from London–Fanshawe to meet with the RNAO and Janet Hunt, who spoke about so many issues that are facing nurses in the community sector. They gave us really harrowing stories about trying to struggle to meet clients’ basic needs, while being paid dramatically lower than their peers.

I should also point out that when we consider wage parity, that the Ontario Nonprofit Network pointed to a number of different places in which the province is a laggard and is making sure that people aren’t being paid what they deserve. For registered early childhood educators, if they work within a school board or a municipal centre, they will make roughly $25 an hour whereas those working in a not-for-profit licensed child care will earn $18 an hour.

In home and community care, PSWs are paid a fraction of what they deserve and what they’re worth. In home and community care, they earn 17% less than those in long-term care. But also, those home and community care PSWs earn 21% less than hospitals.

The list goes on: child and youth workers, disability support service workers, language instructors, settlement counsellors, social service workers—all in the community-based non-profit sector—earn $10 an hour less than hospitals, school boards and child welfare.

When you consider drop-in and shelter workers, those who are employed in not-for-profits will earn roughly $15 an hour, whereas those in municipal respite centres will earn $30 an hour, twice as much.

The Ontario Nonprofit Network has shown through its reporting that when you consider pay and benefits all together, people earn 30% less than they ought to be. And that’s something that this government could answer.

Recently, CUPE had actions trying to show this government how little they were being paid as a result of Bill 124 and seeing real degradation of their pay over the last several years. They’ve been handed excuses and delays. I would like to quote CUPE Local 8916 president Shaun Steven who said, “Our members work very hard behind the scenes to ensure that members of our community have access to health care and support for their needs at home and in community clinics, and we deserve a settlement that takes our hard work and the cost of living into account.” I could not agree more, Speaker. This is something that the government could act on, should act on, yet has chosen not to act on.

The RNAO has provided the following quotations, and this is from front-line workers: “In the community, we have clients who are waiting weeks to get routine procedures done because we are so short. Sometimes, the wait is so long that the client gets an infection or cannot wait any longer and must go to the ER to get care. This is a cycle that repeats.”

And another RNAO member stated, “We are struggling to find people who want to work in the community because their pay is so much lower than bedside nurses’, yet they are expected to do the exact same work. Our patients in the community are sicker than before.”

And from a veteran nurse who stated, “Historical decisions made in the 1990s are showing now, everywhere from changing how we fund health care from a nursing-hour model to a per-bed model. Nurses have been calling for change and warning about this for decades, and now, we are stuck having to pay for it.”

And another health care provider: “In the community where I work, I am frequently given a list of up to 14 patients to see in a day. It is often impossible to see all the patients in a day without going over my time but then I don’t get compensated. I get paid per visit but the patients they send to the RN are some of the sickest and need thorough assessments. Often I am called at the end of my day to go see someone whose condition has changed and family have called in looking for help. I then must call my other clients and tell them I can’t make it to see them. It often leads to angry words as they feel abandoned, and they then have to go to ER for whatever it was I was meant to do for them.”

Speaker, this is unconscionable that workers are being treated in this way, and this government is well aware of the plight of wage parity, and yet they simply choose not to act. During the tour for the Standing Committee on Finance and Economic Affairs, we heard again and again and again that wage parity is an issue affecting people across the province, yet we see legislation that’s titled purporting to support workers and yet ignoring their inability to pay workers properly.

But if we also follow the money, taking a look at the way this government has ignored some of the systems that they are responsible for, I also think about injured workers in this province. I think about the WSIB that has long not stood up for people who have become injured on the job. There was a 2015 study, and it found that 46% of injured workers will live in poverty nearly five years after their injury; 46% of the workers who really need the help, who are disabled, are stuck in poverty. Speaker, that was not the system the WSIB was created for. It was created to support workers, not to deny them.

There’s also been many, many recent studies showing that—and this is actually studies done by the Ministry of Labour that have shown the WSIB’s claims allowed rate has fallen from just under 2% of employed workers in 2004 to just over 1% in 2013. The number of fatalities and the number of critical injuries is going up, and yet there has been almost no change in the amount of claims being allowed by WSIB. We have to ask why that is. If we’re seeing numbers going up in terms of injuries and fatalities, how is it possible that that number is remaining stagnant?

Furthermore, if this government would like to support the title of its bill, it would do things such as getting rid of deeming. Deeming is the practice used by the WSIB to pretend an injured worker has a job that they do not actually have; it’s a phantom job. It’s used as an excuse to withdraw and to cut and to make sure that they are holding back money from that person who is injured and unable to work.

If this government really wanted to support workers, they would actually listen to physicians that attend to these injured workers. It’s been long exposed in Prescription Over-Ruled—which was created by a number of different doctors as well as the Ontario Federation of Labour. That has shown the stories of workers who were injured and were then supposedly treated by doctors who never actually saw them, never actually spoke to them, who looked at a piece of paper and made decisions based on a piece of paper.

I want to share, from that Prescription Over-Ruled, Keith’s story. Keith’s name has been changed to protect their identity:

“Keith suffered a brain injury and serious spinal injury when he fell eight feet and landed on his head. Despite immediate and ongoing physical and psychological distress, receiving treatment remains a constant struggle for this injured worker.

“Keith was working underground at the time of the accident. Unfortunately, his helmet came off during the fall and offered him no protection. When his head struck rock, witnesses say that they thought he was dead.

“In contrast to what Keith’s medical team has advised, the board has decided that he does not have a permanent injury. Even though Keith has a solid and consistent work history, and even though he sustained three spinal compression fractures from the fall, they are calling his ongoing pain ‘pre-existing.’

“While the board originally funded some physiotherapy, they ultimately turned down the physiotherapist’s strongly worded request for ongoing treatments to manage Keith’s continuing chronic pain. His condition has continued to degrade, and requests for more therapy—at the recommendation of a health care professional—continue to be denied. Now, he is on so many medications related to his pain that his doctors ordered him not to drive and functioning day to day is a struggle.

“But Keith is suffering from more than physical pain. Shortly after the injury, Keith’s doctor became concerned about his depression and poor sleep due to a possible brain injury. As his treating physician, he suggested Keith see a psychologist. The WSIB denied this request. When his depression reached what his doctor called ‘profound levels,’ he again requested psychological support for his patient. He was again denied. Some two years later and many requests later, Keith was finally granted limited sessions, though any activities related to brain injury rehabilitation or occupational therapy (both of which the psychologist has strongly recommended) have been flatly turned down.

“While Keith’s mental health has been improving, his psychologist remains concerned that he struggles with severe depression, a lack of purpose and is at risk of suicide. Their funded sessions together are now complete. His psychologist doesn’t anticipate receiving approval for more, but even if they do, it will take months.

“Every medical professional in Keith’s life agrees that he needs continued physical and psychological support in order to regain and retain some quality of life. The WSIB—who are not doctors and who have never met Keith—have ignored the recommendations and requests of all of them.”

Speaker, as well, I’d like to turn to some of the words from our excellent labour critic, the MPP from Sudbury, who in the line of his following the money has pointed out quite rightly that this government has made a lot of promises and changes within this legislation, yet much of it will never really be realized.

In Working for Workers, we call this a “headline bill” or pretending to be tough on bosses. As our critic pointed out, the fine maximums have been changed for violations of the act from $50,000 to $100,000 for an individual. Also, it should be noted that currently, under the ESA, corporations can already be fined up to $100,000 and repeat corporate offenders as much as $500,000. But it should be pointed out—and this was very well pointed out by our critic—that the highest fine levied in 2022 was $31,250. If we’re following the money, we can increase the thresholds all you like, but if that’s not actually going to be enforced, if that’s not going to be levied, then it is relatively meaningless.

In addition, our critic pointed out that in 2018-19, there were 2,345 proactive workplace inspections, but a few short years later, in 2022-23, there had been only 788. It’s like they don’t want to know what’s going on.

And if we follow the money further, stolen money, wage theft—money that belongs to workers, that this government is aware of but is not getting for those workers—is ridiculous. In 2018, that number was $10 million. The Workers’ Action Centre stated—and this is Ella Bedard—that workers need proactive inspections to ensure employers obey the law, and we need effective collection of stolen wages when the Ministry of Labour has ordered an employer to pay back workers’ wages. How can it be possible, Speaker, that the Ministry of Labour can order an employer to pay back workers’ wages and the workers don’t actually see that money? But that is what happens in Ontario.

Between 2020 and 2022, there were 8,400 successful claims, and that amounted to $36 million. But the province was a failure—an abject failure—in making sure workers got that money. They recovered less than 40% of the money that should be in the pockets of the hard-working people here in this province: $36 million was owed to workers and only $13 million was collected.

So, Speaker, in Ontario, we see legislation that talks about bad actors, and yet we see a government that is not actually holding them to account. How is that possible? Why do we have titles of legislation that are strangely ironic? Why do we have words that are not enforced? Why do we have actions by the ministry of labour itself that are not being completed, that are not being effectively taken care of? Think of that $23 million that should be owed to people, that they have worked for. They should not have to go and settle for a province that does not have their back, that will not look after them.

So, Speaker, I will say that, with Bill 190, it’s not all bad. It is not the worst piece of legislation, but it is the kind of legislation that I do think time will show that this title is yet again strangely ironic, that there are so many opportunities for the government to do the right thing to look after things such as wage parity across health care sectors and across community support services. They could look after workers by ensuring that the money that was owed to them by their employer was returned to them. They could make sure that people who are injured on the job have the protections that they require, that they’re being treated properly, that they’re being treated fairly, that they’re not being deemed, that they’re not having phantom jobs.

Further, Speaker, a very last thing, if this government really wanted to stand up for the working people in this province, they would pass NDP legislation to make sure that scab labour is something that is not allowed in this province. I’m very thankful that the government has listened to the advocacy of the great team with the official opposition and has expanded presumptive coverage for firefighters. There’s so much that is missing within this bill.

I hope that this government will take the time, pay people what they’re worth, make sure that the money that they have earned actually gets into their pocket, that bad actors are taken to task and are forced to pay what they owe people.

It’s unreasonable to think that the province is not doing its part to make sure that people are being paid what they deserve.

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