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OntarioDid Not Pass42nd Parliament, 2nd Session

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

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
42nd Parliament, 2nd Session
Bill number
Bill 28
Full title
Preventing Worker Misclassification Act, 2021
Current status
Did Not Pass
Latest event
Lost on division
Last updated
Nov 18, 2021

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.

Chamber
Legislative Assembly of Ontario
Current Stage
Lost on division
Latest Activity
Nov 18, 2021
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

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.

What It Means

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.

What This Bill Does
  • 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.
Who Is Affected
  • Workers in Ontario.
  • Employers in Ontario.
  • Businesses that contract with other businesses for services.
Rights, Duties, Or Obligations
  • 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.
Important Dates
  • The Act comes into force on the day it receives Royal Assent.
Uncertainties Or Limits
  • 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.
Laws Or Regulations Affected
Employment Standards Act, 2000
amends

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.

Official text

Process Snapshot

Step 1
First reading
Oct 26, 2021
Step 2
Second reading
Nov 18, 2021
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Peggy Sattler
New Democratic Party of Ontario | London West
Jurisdiction
Ontario Legislature

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