Bill 28 explained in plain English
Preventing Worker Misclassification Act, 2021
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 42nd Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
This bill establishes a new test within the Employment Standards Act, 2000, to determine whether a worker is an employee or an independent contractor, aiming to prevent worker misclassification.
Bill 28, the Preventing Worker Misclassification Act, 2021, aims to amend the Employment Standards Act, 2000. It introduces a new test to determine if a worker is an employee or an independent contractor, with the goal of preventing employers from misclassifying workers. The bill sets out conditions that must be met for a worker to be considered an employee, and also outlines specific criteria for business-to-business contracting relationships to be exempt from this employee classification.
- Introduces a new test to determine if a person performing work for another person is considered an employee.
- Specifies conditions under which a worker is deemed an employee, unless the employer can prove otherwise.
- Sets out criteria for business-to-business contracting relationships that would be exempt from the employee classification test.
- Amends the definition of 'employee' and 'employer' in the Employment Standards Act, 2000, to include persons deemed employees under the new test.
- Allows the Lieutenant Governor in Council to make transitional regulations for the implementation of these amendments.
- Workers in Ontario.
- Employers in Ontario.
- Businesses that contract with other businesses for services.
- An employer must establish that all three conditions of the employee test are met to prove a worker is not an employee (freedom from control, work outside usual business, and independently established trade).
- A business-to-business contractor must meet 15 specific conditions to be exempt from the employee classification test.
- For individual workers performing work for a business-to-business contractor, the general employee test (section 1.1 subsection (1)) applies, not the business-to-business exemption.
- The Act comes into force on the day it receives Royal Assent.
- The bill does not specify the exact penalties for misclassification.
- The details of transitional matters are not provided and will be determined by regulations made by the Lieutenant Governor in Council.
Amends the definition of 'employee' and 'employer' and adds a new section (1.1) that establishes a test to determine if a worker is an employee. It also amends section 141 to allow for transitional regulations.
Source: Section 1 and Section 3
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced