Digital Platform Workers' Rights Act, 2022

Interpretation, Application, Etc.

1 (1) In this Act, “Board” means the Ontario Labour Relations Board; (“Commission”) “collector” means a person, other than a compliance officer, who is authorized by the Director to collect an amount owing under this Act; (“agent de recouvrement”) “digital platform” means, subject to the regulations, an online platform that allows workers to choose to accept or decline digital platform work; (“plateforme numérique”) “digital platform work” means, subject to the regulations, the provision of for payment ride share, delivery, courier or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform; (“travail sur plateforme numérique”) “Director” means the Director of Digital Platform Work; (“directeur”) “labour relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995; (“agent des relation…

2 The purpose of this Act is to establish certain worker rights for workers, regardless of whether those workers are employees.

3 (1) Subject to subsection (2), the worker rights set out in this Act apply with respect to a worker if, (a) the worker’s work assignment is to be performed in Ontario; or (b) the worker’s work assignment is to be performed in Ontario and outside Ontario but the work performed outside Ontario is a continuation of the work performed in Ontario. Exception, federal jurisdiction (2) This Act does not apply with respect to workers within the legislative jurisdiction of the Parliament of Canada.

4 (1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an operator and one or more other persons. Same (2) The operator and the other person or persons described in subsection (1) shall all be treated as one operator for the purposes of this Act. Businesses need not be carried on at same time (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time. Exception, individuals (4) Subsection (2) does not apply with respect to a corporation and an individual who is a shareholder of the corporation unless the individual is a member of a partnership and the shares are held for the purposes of the partnership. Joint and several liability (5) Persons who are treated as one operator under this section are jointly and severally liable for any contravention of this Act and the regulations under it …

5 (1) Subject to subsection (2), no operator and no worker shall contract out of or waive a worker right and any such contracting out or waiver is void. Greater contractual or statutory right (2) If one or more provisions in a contract or in another Act that directly relate to the same subject matter as a worker right provide a greater benefit to a worker than the worker right, the provision or provisions in the contract or Act apply and the worker right does not apply.

6 Subject to section 27, no civil remedy of a worker against an operator is affected by this Act.

Worker Rights

7 (1) Within 24 hours after an individual is given access to an operator’s digital platform for the purpose of accepting or declining to perform digital platform work, the operator shall provide the following information in writing to the individual: 1. A description of how pay for digital platform work is calculated. 2. Whether tips or other gratuities are collected by the operator and, if so, when and how they are collected. 3. The recurring pay period and recurring pay day established by the operator under section 8. 4. Any factors used to determine whether work assignments are offered to workers and a description of how those factors are applied. 5. Whether the digital platform uses a performance rating system and whether there are consequences based on a worker’s performance rating or a worker’s failure to perform a work assignment and a description of those consequences. 6. Such ot…

8 (1) An operator shall establish a recurring pay period and a recurring pay day and shall pay all amounts earned during each pay period and all tips or other gratuities collected by the operator during each pay period no later than the pay day for that period. 2022, c. 7, Sched. 1, s. 8 (1); 2024, c. 3, Sched. 1, s. 4. Same, prescribed limits (2) For the purposes of subsection (1), (a) a recurring pay period shall not exceed the prescribed number of days, if any; and (b) a recurring pay day shall be no later than the prescribed number of days, if any, after the end of the pay period. 2024, c. 3, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 3, Sched. 1, s. 1, 4 - 01/07/2025

9 (1) An operator shall pay workers at least the minimum wage payable under section 23.1 of the Employment Standards Act, 2000 for the class of employees set out in subparagraph 1 iv of subsection 23.1 (1) of that Act. 2022, c. 7, Sched. 1, s. 9 (1). Same, determination (2) Unless the regulations provide otherwise, for the purposes of determining compliance with subsection (1), the following rules apply: 1. Minimum wage shall be paid for each work assignment performed by a worker. 2. Tips and other gratuities paid in respect of a work assignment shall not be included in determining compliance with subsection (1). 3. Repealed: 2024, c. 3, Sched. 1, s. 2 (3). 2022, c. 7, Sched. 1, s. 9 (2); 2024, c. 3, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 3, Sched. 1, s. 2 (1-3) - 01/07/2025

10 (1) An operator shall not withhold amounts earned or tips or other gratuities from a worker, make a deduction from an amount earned by a worker or a worker’s tips or other gratuities or cause a worker to return or give the amount earned by the worker or the worker’s tips or other gratuities to the operator unless authorized to do so under this section or in such circumstances as may be prescribed. Same, statute or court order (2) An operator may withhold or make a deduction from amounts earned by a worker or a worker’s tips or other gratuities or cause a worker to return or give them to the operator if a statute of Ontario or Canada or a court order authorizes it. Exception (3) Subsection (2) does not apply if the statute or order requires the operator to remit the withheld, deducted, returned or given amounts earned or tips or other gratuities to a third party and the operator fails …

11 (1) No operator shall remove a worker’s access to the operator’s digital platform unless the operator, (a) has provided the worker with a written explanation of why the access to the digital platform was removed; and (b) if access is removed for a period of 24 hours or longer, has given the worker two weeks’ written notice of the removal. Exception (2) Clause (1) (b) does not apply if the worker has been guilty of wilful misconduct or in such other circumstances as may be prescribed.

12 All digital platform work-related disputes between an operator and a worker shall be resolved in Ontario.

13 (1) No operator, and no person acting on the operator’s behalf, shall intimidate or penalize or attempt or threaten to intimidate or penalize a worker, (a) because the worker, (i) asks any person to comply with this Act, (ii) makes inquiries about his or her rights under this Act, (iii) files a complaint with the Ministry under this Act, (iv) exercises or attempts to exercise a right under this Act, (v) gives information to a compliance officer, or (vi) testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act; or (b) because the operator is or may be required, because of a court order or garnishment, to pay to a third party an amount owing by the operator to the worker. Onus of proof (2) In a proceeding for the contravention of this section other than a proceeding described in subsection (3), the burden of proof that a per…

Record Keeping

14 (1) An operator shall record the following information with respect to each worker who accesses the operator’s digital platform for the purpose of accepting or declining to perform digital platform work: 1. The worker’s name and address. 2. Any dates on which the worker was given access to the operator’s digital platform for the purpose of performing work. 3. Any dates on which the worker’s access to the operator’s digital platform was removed or reinstated. 4. The dates on which the worker performed work assignments and the times that each work assignment started and finished. 5. Any amounts paid to the worker in respect of a work assignment, the dates the amounts were paid and a description of the payments, including any tips or other gratuities or other amounts included in the payment. 6. Such other information as may be prescribed. Retention of records (2) The operator shall retai…

Liability of Directors

15 (1) In this section, “director” means a director of a corporation and includes a shareholder who is a party to a unanimous shareholder agreement. Application (2) This section applies with respect to shareholders described in subsection (1) only to the extent that the directors are relieved, under subsection 108 (5) of the Business Corporations Act or subsection 146 (5) of the Canada Business Corporations Act, of their liability to pay wages to the employees of the corporation. Non-application (3) This section does not apply with respect to directors of corporations to which the Not-for-Profit Corporations Act, 2010 or the Co-operative Corporations Act applies. Same (4) This section does not apply with respect to directors, or persons who perform functions similar to those of a director, of a college of a health profession or a group of health professions that is established or continu…

Minister Responsible and Director of Digital Platform Work

16 (1) The Minister is responsible for the administration of this Act. Delegation of powers (2) Where, under this Act or the regulations, any power or duty is granted to or vested in the Minister or the Deputy Minister of the Ministry, the Minister or Deputy Minister may, in writing, delegate that power or duty from time to time to any employee in the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister or Deputy Minister may set out in the delegation.

17 (1) The Minister shall appoint a person to be the Director of Digital Platform Work to administer this Act and the regulations. Acting Director (2) The Director’s powers may be exercised and the Director’s duties may be performed by an employee of the Ministry appointed as Acting Director if, (a) the Director is absent or unable to act; or (b) an individual who was appointed Director has ceased to be the Director and no new Director has been appointed. Same (3) An Acting Director shall be appointed by the Director or, in the Director’s absence, the Deputy Minister. Policies (4) The Director may establish policies respecting the interpretation, administration and enforcement of this Act. Delegation (5) Where, under this Act or the regulations, any power or duty is granted to or vested in the Director, the Director may, in writing, delegate that power or duty from time to time to any em…

18 (1) The Director may terminate the assignment of a compliance officer to the investigation of a complaint and may assign the investigation to another compliance officer. Same (2) If the Director terminates the assignment of a compliance officer to the investigation of a complaint, (a) the officer whose assignment is terminated shall no longer have any powers or duties with respect to the investigation of the complaint or the discovery during the investigation of any similar potential entitlement of another worker related to the complaint; and (b) the new compliance officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer. Inspections (3) This section applies with necessary modifications to inspections of operators by compliance officers.

Compliance Officers — Digital Platform Work

19 (1) Such persons as are considered necessary to enforce this Act and the regulations may be appointed under Part III of the Public Service of Ontario Act, 2006 as compliance officers. Certificate of appointment (2) The Deputy Minister of the Ministry shall issue a certificate of appointment bearing the Deputy Minister’s signature or a facsimile of it to every compliance officer.

20 (1) A compliance officer may exercise the powers conferred upon compliance officers under this Act and shall perform the duties imposed upon compliance officers under this Act. Officers to follow policies (2) A compliance officer shall follow any policies established by the Director under subsection 17 (4). Hearing not required (3) A compliance officer is not required to hold a hearing in exercising any power or making any decision under this Act.

21 (1) A compliance officer is not a competent or compellable witness in a civil proceeding respecting any information given or obtained, statements made or received, or records or other things produced or received under this Act except for the purpose of carrying out the officer’s duties under this Act. Same (2) A compliance officer shall not be compelled in a civil proceeding to produce any record or other thing the officer has made or received under this Act except for the purpose of carrying out the officer’s duties under this Act.

22 (1) A compliance officer may, without a warrant, enter and inspect any place in order to investigate a possible contravention of this Act or to perform an inspection to ensure that this Act is being complied with. Time of entry (2) The power to enter and inspect a place without a warrant may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours. Dwellings (3) The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless the occupier of the dwelling consents or a warrant has been issued under section 23. Use of force (4) A compliance officer is not entitled to use force to enter and inspect a place. Identification (5) A compliance officer shall produce, on request, evidence of the officer’s appointment. Powers of office…

23 (1) A justice of the peace may issue a warrant authorizing a compliance officer named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 22 (6), if the justice of the peace is satisfied on information under oath that, (a) the officer has been prevented from exercising a right of entry to the premises under subsection 22 (1) or has been prevented from exercising a power under subsection 22 (6); (b) there are reasonable grounds to believe that the officer will be prevented from exercising a right of entry to the premises under subsection 22 (1) or will be prevented from exercising a power under subsection 22 (6); or (c) there are reasonable grounds to believe that an offence under this Act or the regulations has been or is being committed and that information or other evidence will be obtained through the exercise of a pow…

24 A compliance officer may require an operator to post and to keep posted in the manner required by the officer, (a) any notice relating to the administration or enforcement of this Act or the regulations that the officer considers appropriate; or (b) a copy of a report or part of a report made by the officer concerning the results of an investigation or inspection.

Complaints and Enforcement

25 (1) A person alleging that this Act has been or is being contravened may file a complaint with the Ministry in a written or electronic form approved by the Director. Effect of failure to use form (2) A complaint that is not filed in a form approved by the Director shall be deemed not to have been filed. Limitation (3) A complaint regarding a contravention that occurred more than two years before the day on which the complaint was filed shall be deemed not to have been filed.

26 A worker who commences a civil proceeding with respect to an alleged failure to pay for work performed may not file a complaint with respect to the same matter or have such a complaint investigated.

27 (1) A worker who files a complaint under this Act with respect to an alleged failure to pay for work performed may not commence a civil proceeding with respect to the same matter. Withdrawal of complaint (2) Despite subsection (1), a worker who has filed a complaint may commence a civil proceeding with respect to a matter described in that subsection if the worker withdraws the complaint within two weeks after it is filed.

28 (1) If an operator is or has been bound by a collective agreement that applies or applied in respect of the performance of digital platform work, this Act is enforceable against the operator as if it were part of the collective agreement with respect to an alleged contravention of this Act that occurs, (a) when the collective agreement is or was in force; (b) when its operation is or was continued under subsection 58 (2) of the Labour Relations Act, 1995; or (c) during the period that the parties to the collective agreement are or were prohibited by subsection 86 (1) of the Labour Relations Act, 1995 from unilaterally changing the terms and conditions of employment. Complaint not permitted (2) A worker who is represented by a trade union that is or was a party to a collective agreement may not file a complaint alleging a contravention of this Act that is enforceable under subsection (…

29 (1) If an arbitrator finds that an operator has contravened this Act, the arbitrator may make any order against the operator that a compliance officer could have made with respect to that contravention but the arbitrator may not issue a notice of contravention. Directors and collective agreement (2) An arbitrator shall not require a director to pay an amount, take an action or refrain from taking an action under a collective agreement that the director could not be ordered to pay, take or refrain from taking in the absence of the collective agreement. Conditions respecting orders under this section (3) The following conditions apply with respect to an arbitrator’s order under this section: 1. In an order requiring payment or compensation, the arbitrator may require that the amount of the payment or compensation be paid, i. to the trade union that represents the worker or workers conce…

30 (1) This section applies if, during a proceeding before an arbitrator, other than the Board, concerning an alleged contravention of this Act, an issue is raised concerning whether the operator to whom the collective agreement applies or applied and another person are to be treated as one operator under section 4. Restriction (2) The arbitrator shall not decide the question of whether the operator and the other person are to be treated as one operator under section 4. Reference to the Board (3) If the arbitrator finds it is necessary to make a finding concerning the application of section 4, the arbitrator shall refer that question to the Board by giving written notice to the Board. Content of notice (4) The notice to the Board shall, (a) state that an issue has arisen in an arbitration proceeding with respect to whether the operator and another person are to be treated as one operator…

31 (1) A compliance officer may, after giving at least 15 days written notice, require any of the persons referred to in subsection (2) to attend a meeting with the officer in the following circumstances: 1. The officer is investigating a complaint against an operator. 2. The officer, while inspecting a place under section 22 or 23, comes to have reasonable grounds to believe that an operator has contravened this Act or the regulations with respect to a worker. 3. The officer acquires information that suggests to the officer the possibility that an operator may have contravened this Act or the regulations with respect to a worker. Attendees (2) Any of the following persons may be required to attend the meeting: 1. The worker. 2. The operator. 3. If the operator is a corporation, a director or an employee of the corporation. Notice (3) The notice referred to in subsection (1) shall specif…

32 (1) A compliance officer may, in any of the following circumstances and after giving notice, require a worker or an operator to provide evidence or submissions to the officer within the time that the officer specifies in the notice: 1. The officer is investigating a complaint against an operator. 2. The officer, while inspecting a place under section 22 or 23, comes to have reasonable grounds to believe that an operator has contravened this Act or the regulations with respect to a worker. 3. The officer acquires information that suggests to the officer the possibility that an operator may have contravened this Act or the regulations with respect to a worker. Service of notice (2) The notice shall be served on the operator or worker in accordance with section 64. Determination if person fails to respond (3) If a person served with a notice under this section fails to provide evidence o…

33 (1) If a compliance officer finds that an operator owes an amount to a worker, the officer may, (a) arrange with the operator that the operator pay the amount owing directly to the worker; (b) order the operator to pay the amount owing to the worker; or (c) order the operator to pay the amount owing to the Director in trust. Administrative costs (2) An order issued under clause (1) (c) shall also require the operator to pay to the Director in trust an amount for administrative costs equal to the greater of $100 and 10 per cent of the amount owing. If more than one worker (3) A single order may be issued with respect to amounts owing to more than one worker. Contents of order (4) The order shall contain information setting out the nature of the amount found to be owing to the worker or be accompanied by that information. Service of order (5) The order shall be served on the operator in…

34 (1) If a compliance officer finds that a person has contravened section 13, the officer may make an order that the worker be compensated for any loss the worker incurred as a result of the contravention or that the worker’s access to the digital platform be reinstated, or both. Terms of order (2) If an order made under this section requires a person to compensate a worker, it shall also require the person to, (a) pay to the Director in trust, (i) the amount of the compensation, and (ii) an amount for administration costs equal to the greater of $100 and 10 per cent of the amount of compensation; or (b) pay the amount of the compensation to the worker. Application of s. 33 (3) to (8) (3) Subsections 33 (3) to (8) apply, with necessary modifications, with respect to orders issued under this section.

35 (1) If a compliance officer has arranged with an operator or ordered an operator to pay an amount owing under clause 33 (1) (a) or (b) or clause 34 (2) (b) to the worker and the operator is unable to locate the worker despite having made reasonable efforts to do so, the operator shall pay the amount owing to the Director in trust. Settlements (2) If a compliance officer has received money for a worker under a settlement but the worker cannot be located, the money shall be paid to the Director in trust. When money vests in Crown (3) Money paid to or held by the Director in trust under this section vests in the Crown but may, without interest, be paid out to the worker, the worker’s estate or such other person as the Director considers is entitled to it.

36 (1) If a compliance officer makes an order against an operator for an amount owing to a worker, the officer may make an order to pay an amount owing for which directors are liable under section 15 against some or all of the directors of the operator and may serve a copy of the order in accordance with section 64 on them together with a copy of the order to pay against the operator. Effect of order (2) If the directors do not comply with the order or do not apply to have it reviewed, the order becomes final and binding against those directors even if a review hearing is held to determine another person’s liability under this Act. Orders, insolvent operator (3) If an operator is insolvent and the worker has caused a claim for an amount owing to the worker to be filed with the receiver appointed by a court with respect to the operator or with the operator’s trustee in bankruptcy, and the…

37 (1) A compliance officer may make an order to pay an amount owing to a worker for which directors are liable under section 15 against some or all of the directors of an operator who were not the subject of an order under section 36, and may serve it on them in accordance with section 64, (a) after a compliance officer has made an order against the operator under section 33 that requires an amount owing to a worker be paid and the amount has not been paid and the operator has not applied to have the order reviewed; (b) after a compliance officer has made an order against directors under subsection 36 (1) or (3) and the amount has not been paid and the operator or the directors have not applied to have it reviewed; (c) after the Board has issued, amended or affirmed an order under section 45 if the order, as issued, amended or affirmed, requires the operator or the directors to pay an a…

38 (1) Money paid to the Director under an order under section 33, 34, 36 or 37 shall be paid to the person with respect to whom the order was issued unless an application for review is made under section 43 within the period required under that section. Money distributed rateably (2) If the money paid to the Director under one of those orders is not enough to pay all of the persons entitled to it under the order the full amount to which they are entitled, the Director shall distribute that money, including money received with respect to administrative costs, to the persons in proportion to their entitlement. No proceeding against Director (3) No proceeding shall be instituted against the Director for acting in compliance with this section.

39 (1) If a compliance officer finds that a person has contravened a provision of this Act or the regulations, the officer may, (a) order that the person cease contravening the provision; (b) order what action the person shall take or refrain from taking in order to comply with the provision; and (c) specify a date by which the person must do so. Payment may not be required (2) No order under this section shall require the payment of an amount owing to a worker or payment of compensation. Other means not a bar (3) Nothing in subsection (2) precludes a compliance officer from issuing an order under section 33, 34, 36 or 37 and an order under this section in respect of the same contravention. Application of s. 33 (5) to (8) (4) Subsections 33 (5) to (8) apply, with necessary modifications, with respect to orders issued under this section. Injunction proceeding (5) At the instance of the Di…

40 (1) If, after a person files a complaint alleging a contravention of this Act or the regulations in respect of which an order could be issued under section 33, 34 or 39, a compliance officer assigned to investigate the complaint refuses to issue such an order, the officer shall serve a letter, in accordance with section 64, on the person advising the person of the refusal. Deemed refusal (2) If no order is issued with respect to a complaint described in subsection (1) within two years after it was filed, a compliance officer shall be deemed to have refused to issue an order and to have served a letter on the person advising the person of the refusal on the last day of the second year.

41 (1) If a worker files a complaint alleging a contravention of this Act or the regulations, the compliance officer investigating the complaint may not issue an order for payment of an amount owing that became due to the worker under the provision that was the subject of the complaint or any other provision of this Act or the regulations if the amount owing became due more than two years before the complaint was filed. Same, another worker’s complaint (2) If, in the course of investigating a complaint, a compliance officer finds that an operator has contravened this Act or the regulations with respect to a worker who did not file a complaint, the officer may not issue an order for payment of an amount owing that became due to that worker as a result of that contravention if the amount owing became due more than two years before the complaint was filed. Same, inspection (3) If a complian…

42 (1) Subject to subsection (8), if a worker and an operator who have agreed to a settlement respecting a contravention or alleged contravention of this Act or the regulations inform a compliance officer in writing of the terms of the settlement and do what they agreed to do under it, (a) the settlement is binding on the parties; (b) any complaint filed by the worker respecting the contravention or alleged contravention is deemed to have been withdrawn; (c) any order made in respect of the contravention or alleged contravention is void; and (d) any proceeding, other than a prosecution, respecting the contravention or alleged contravention is terminated. Compliance orders (2) Clause (1) (c) does not apply with respect to an order issued under section 39. Notices of contravention (3) This section does not apply with respect to a notice of contravention. Payment by officer (4) If a complia…

43 (1) A person against whom an order has been issued under section 33, 34, 36, 37 or 39 is entitled to a review of the order by the Board if, within the period set out in subsection (4), the person, (a) applies to the Board in writing for a review; (b) in the case of an order under section 33, pays the amount owing under the order to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount; and (c) in the case of an order under section 34, pays the lesser of the amount owing under the order and $10,000 to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount. Worker seeks review of order (2) If an order has been issued under section 33 or 34 with respect to a worker, the worker is entitled to a review of the order by the Board if, within the period…

44 (1) This section applies if money with respect to an order to make payment for an amount owing or compensation is paid to the Director in trust and the person against whom the order was issued applies to the Board for a review of the order. If settlement (2) If the matter is settled under section 42 or 46, the amount paid into trust shall, subject to subsection 42 (6) or 46 (6), be paid out in accordance with the settlement. If no settlement (3) If the matter is not settled under section 42 or 46, the amount paid into trust shall be paid out in accordance with the Board’s decision.

45 (1) This section sets out the Boards powers in a review under section 43. Persons to represent groups (2) If a group of parties have the same interest or substantially the same interest, the Board may designate one or more of the parties in the group to represent the group. Quorum (3) The chair or a vice-chair of the Board constitutes a quorum for the purposes of this section and is sufficient for the exercise of the jurisdiction and powers of the Board under it. Posting of notices (4) The Board may require a person to post and to keep posted any notices that the Board considers appropriate even if the person is not a party to the review. Same (5) If the Board requires a person to post and keep posted notices, the person shall post the notices and keep them posted in the manner required by the Board. Powers of Board (6) The Board may, with necessary modifications, exercise the powers …

46 (1) The Board may authorize a labour relations officer to attempt to effect a settlement of the matters raised in an application for review under section 43. Certain matters not bar to settlement (2) A settlement may be effected under this section even if, (a) the compliance officer who issued the order or refused to issue the order does not participate in the settlement discussions or is not advised of the discussions or settlement; or (b) the review under section 43 has started. Compliance orders (3) A settlement respecting a compliance order shall not be made if the Director has not approved the terms of the settlement. Effect of settlement (4) If the parties to a settlement under this section do what they agreed to do under the settlement, (a) the settlement is binding on the parties; (b) if the review concerns an order, the order is void; and (c) the review is terminated. Applica…

47 (1) If a compliance officer believes that a person has contravened a provision of this Act or the regulations, the officer may issue a notice to the person setting out the officer’s belief and specifying the amount of the penalty for the contravention. Amount of penalty (2) The amount of the penalty shall be determined in accordance with the regulations. Penalty within range (3) If a range has been prescribed as the penalty for a contravention, the compliance officer shall determine the amount of the penalty in accordance with the prescribed criteria, if any. Information (4) The notice shall contain or be accompanied by information setting out the nature of the contravention. Service (5) A notice issued under this section shall be served on the person in accordance with section 64. Deemed contravention (6) The person shall be deemed to have contravened the provision set out in the not…

48 (1) A person against whom a notice of contravention has been issued under section 47 may dispute the notice if the person makes a written application to the Board for a review, (a) within 30 days after the date of service of the notice; or (b) if the Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Board. Hearing (2) The Board shall hold a hearing for the purposes of the review. Parties (3) The parties to the review are the person against whom the notice was issued and the Director. Onus (4) On a review under this section, the onus is on the Director to establish, on a balance of probabilities, that the person against whom the notice of contravention was issued contravened the provision of this Act indicated in the notice. Decision (5) The Board may, (a) find that the person did not contravene the provision and res…

49 (1) This section applies if the Board has commenced a hearing to review an order, refusal to issue an order or notice of contravention, six months or more have passed since the last day of the hearing and a decision has not been made. Termination of proceeding (2) On the application of a party in the proceeding, the chair may terminate the proceeding. Re-institution of proceeding (3) If a proceeding is terminated according to subsection (2), the chair shall re-institute the proceeding upon such terms and conditions as the chair considers appropriate.

Collections

50 (1) If an operator, director or other person is liable to make a payment under this Act, the Director may collect or arrange for the collection of the amount payable in accordance with the regulations and may exercise such collections powers as are prescribed. Director may authorize collector (2) The Director may authorize a collector to exercise those power that the Director specifies in the authorization to collect amounts owing under this Act. Same (3) The Director may specify the Director’s prescribed collection powers and the Board’s powers under section 19 of the Statutory Powers Procedure Act in an authorization under subsection (2). Costs of collection (4) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Director may also authorize the collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector…

Offences and Prosecutions

51 (1) No person shall make, keep or produce false records or other documents that are required to be kept under this Act or participate or acquiesce in the making, keeping or production of false records or other documents that are required to be kept under this Act. False or misleading information (2) No person shall provide false or misleading information under this Act.

52 A person who contravenes this Act or the regulations or fails to comply with an order, direction or other requirement under this Act or the regulations is guilty of an offence and on conviction is liable, (a) if the person is an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months or to both; (b) subject to clause (c), if the person is a corporation, to a fine of not more than $100,000; and (c) if the person is a corporation that has previously been convicted of an offence under this Act, (i) if the person has one previous conviction, to a fine of not more than $250,000, and (ii) if the person has more than one previous conviction, to a fine of not more than $500,000.

53 (1) If an operator is convicted under section 52 of contravening section 13, the court shall, in addition to any fine or term of imprisonment that is imposed, order that the operator take specific action or refrain from taking specific action to remedy the contravention. Same (2) Without restricting the generality of subsection (1), the order made by the court may require one or more of the following: 1. A person be paid any amount that is owing to the person. 2. A person’s access to the operator’s digital platform be reinstated. 3. A person be compensated for any loss incurred by the person as a result of the contravention.

54 A person who fails to comply with an order issued under section 53 is guilty of an offence and on conviction is liable, (a) if the person is an individual, to a fine of not more than $2,000 for each day during which the failure to comply continues or to imprisonment for a term of not more than six months or to both; and (b) if the person is a corporation, to a fine of not more than $4,000 for each day during which the failure to comply continues.

55 (1) If an operator is convicted under section 52 of contravening a provision of this Act other than section 13, the court shall, in addition to any fine or term of imprisonment that is imposed, assess any amount owing to a worker affected by the contravention and order the operator to pay the amount assessed to the Director. Collection by Director (2) The Director shall attempt to collect the amount ordered to be paid under subsection (1) and if the Director is successful shall distribute it to the worker. Enforcement of order (3) An order under subsection (1) may be filed by the Director in a court of competent jurisdiction and upon filing shall be deemed to be an order of that court for the purposes of enforcement.

56 (1) A director of a corporation is guilty of an offence if the director, (a) fails to comply with an order of a compliance officer under section 36 or 37 and has not applied for a review of that order; or (b) fails to comply with an order issued under section 36 or 37 that has been amended or affirmed by the Board on a review of the order under section 43 or with a new order issued by the Board on such a review. Penalty (2) A director convicted of an offence under subsection (1) is liable to a fine of not more than $50,000.

57 (1) If a corporation contravenes this Act or the regulations, an officer, director or agent of the corporation or a person acting or claiming to act in that capacity who authorizes or permits the contravention or acquiesces in it is a party to and guilty of the offence and is liable on conviction to the fine or imprisonment provided for the offence. Same (2) Subsection (1) applies whether or not the corporation has been prosecuted or convicted of the offence. Additional penalty (3) If an individual is convicted under this section, the court may, in addition to any other fine or term of imprisonment that is imposed, assess any amount owing to a worker affected by the contravention and order the individual to pay the amount assessed to the Director. Collection by Director (4) The Director shall attempt to collect the amount ordered to be paid under subsection (3) and if the Director is …

58 (1) Despite section 29 of the Provincial Offences Act, the prosecution of an offence under this Act may be heard and determined by the Ontario Court of Justice sitting in the area where the accused is resident or carries on business, if the prosecutor so elects. Election to have judge preside (2) The Attorney General or an agent for the Attorney General may by notice to the clerk of the court require that a judge of the court hear and determine the prosecution.

59 (1) If a person, including an individual, is convicted of an offence under this Act, the Director may publish or otherwise make available to the general public the name of the person, a description of the offence, the date of the conviction and the person’s sentence. Internet publication (2) Authority to publish under subsection (1) includes authority to publish on the Internet. Disclosure (3) Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

60 No prosecution shall be commenced under this Act more than two years after the date on which the offence was committed or alleged to have been committed.

Miscellaneous Evidentiary Provisions

61 (1) In a prosecution or other proceeding under this Act, a copy of an order or notice of contravention that appears to be made under this Act or the regulations and signed by a compliance officer or the Board is evidence of the order or notice and of the facts appearing in it without proof of the signature or office of the person appearing to have signed the order or notice. Same (2) In a prosecution or other proceeding under this Act, a copy of a record or other document or an extract from a record or other document that appears to be certified as a true copy or accurate extract by a compliance officer is evidence of the record or document or the extracted part of the record or document and of the facts appearing in the record, document or extract without proof of the signature or office of the person appearing to have certified the copy or extract or any other proof. Certificate of …

General

62 (1) A compliance officer shall not issue an order to pay an amount owing or compensation or a notice of contravention with respect to a contravention of this Act concerning a worker, (a) if the worker filed a complaint about the contravention, more than two years after the complaint was filed; (b) if the worker did not file a complaint but another worker with the same operator did file a complaint, more than two years after the other worker filed the complaint if the officer discovered the contravention with respect to the worker while investigating the complaint; or (c) if the worker did not file a complaint and clause (b) does not apply, more than two years after a compliance officer commenced an inspection with respect to the operator for the purpose of determining whether a contravention occurred. Restriction on rescission or amendment (2) A compliance officer shall not amend or r…

63 (1) Except with the consent of the Board, none of the following persons may be compelled to give evidence in a civil proceeding or in a proceeding before the Board or another board or tribunal with respect to information obtained while exercising their powers or performing their duties under this Act: 1. A Board member. 2. The registrar of the Board. 3. An employee of the Board. Non-disclosure (2) A labour relations officer under the Labour Relations Act, 1995 who receives information or material under this Act shall not disclose it to any person or body other than the Board unless the Board authorizes the disclosure.

64 Where service of a document on a person is required or permitted under this Act, it is sufficiently served if it is served in accordance with the regulations.

65 If a provision of this Act or the regulations conflicts with a provision of any other Act or regulation, the provision that provides the greatest right, benefit or entitlement to workers shall prevail.

66 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes of this Act and, without restricting the generality of the foregoing, may make regulations, (a) prescribing anything referred to in this Act as prescribed, and respecting any matter that this Act describes as being provided for in the regulations or that is to be done in accordance with the regulations; (b) defining any word or expression used in this Act that is not defined in it; (c) clarifying the definitions of “digital platform”, “digital platform work”, “operator” and “worker” for the purposes of this Act; (d) prescribing what constitutes a work assignment; (d.1) prescribing a number of days for the purposes of clause 8 (2) (a) or 8 (2) (b); (d.2) prescribing rules for the purpose of determining compliance with subsection 9 (1), including providing that minimum wage may be paid other than o…

67 Omitted (provides for coming into force of provisions of this Act).

68 Omitted (enacts short title of this Act). ______________