jswizzle3737/ontario_laws_and_regs huggingface dataset:
67.2 (1) No employer shall enter into an employment contract or other agreement with an employee that is, or that includes, a non-compete agreement. 2021, c. 35, Sched. 2, s. 4. Same (2) For greater certainty, subsection 5 (1) applies and if an employer contravenes subsection (1), the non-compete agreement is void. 2021, c. 35, Sched. 2, s. 4. Exception — sale, etc., of business (3) If there is a sale of a business or a part of a business and, as a part of the sale, the purchaser and seller enter into an agreement that prohibits the seller from engaging in any business, work, occupation, profession, project or other activity that is in competition with the purchaser’s business after the sale and, immediately following the sale, the seller becomes an employee of the purchaser, subsection (1) does not apply with respect to that agreement. 2021, c. 35, Sched. 2, s. 4. Exception — executives (4) Subsection (1) does not apply with respect to an employee who is an executive. 2021, c. 35, Sched. 2, s. 4. Definitions (5) In this section, “executive” means any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position; (“cadre supérieur”) “sale” includes a lease. (“vente”) 2021, c. 35, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 4 - 25/10/2021 PART Xvi   LIE DETECTORS
68 In this Part, and for purposes of Part XVIII (Reprisal), section 74.12, Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions), Part XXVII (Regulations) and Part XXVIII (Transition, Amendment, Repeals, Commencement and Short Title), insofar as matters concerning this Part are concerned, “employee” means an employee as defined in subsection 1 (1) and includes an applicant for employment, a police officer and a person who is an applicant to be a police officer; (“employé”) “employer” means an employer as defined in subsection 1 (1) and includes a prospective employer and a police governing body; (“employeur”) Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of the definition of “employer” in section 68 of the Act is amended. (See: 2019, c. 1, Sched. 4, s. 17 (2)) “lie detector test” means an analysis, examination, interrogation or test that is taken or performed, (a)  by means of or in conjunction with a device, instrument or machine, and (b)  for the purpose of assessing or purporting to assess the credibility of a person. (“test du détecteur de mensonges”)  2000, c. 41, s. 68; 2009, c. 9, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 2 - 6/11/2009 2018, c. 3, Sched. 5, s. 19 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 17 (2) - not in force
69 Subject to section 71, an employee has a right not to, (a)  take a lie detector test; (b)  be asked to take a lie detector test; or (c)  be required to take a lie detector test.  2000, c. 41, s. 69.
70 (1) Subject to section 71, no person shall, directly or indirectly, require, request, enable or influence an employee to take a lie detector test.  2000, c. 41, s. 70 (1). Prohibition: disclosure (2) No person shall disclose to an employer that an employee has taken a lie detector test or disclose to an employer the results of a lie detector test taken by an employee.  2000, c. 41, s. 70 (2).
71 This Part shall not be interpreted to prevent a person from being asked by a police officer to take, consenting to take and taking a lie detector test administered on behalf of a police force in Ontario or by a member of a police force in Ontario in the course of the investigation of an offence.  2000, c. 41, s. 71. Note: On a day to be named by proclamation of the Lieutenant Governor, section 71 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 17 (3)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 19 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 17 (3) - not in force PART XVii   RETAIL BUSINESS ESTABLISHMENTS
72 (1) This Part applies with respect to, (a)  retail business establishments as defined in subsection 1 (1) of the Retail Business Holidays Act; (b)  employees employed to work in those establishments; and (c)  employers of those employees.  2000, c. 41, s. 72 (1). Exception (2) This Part does not apply with respect to retail business establishments in which the primary retail business is one that, (a)  sells prepared meals; (b)  rents living accommodations; (c)  is open to the public for educational, recreational or amusement purposes; or (d)  sells goods or services incidental to a business described in clause (a), (b) or (c) and is located in the same premises as that business.  2000, c. 41, s. 72 (2).
73 (1) An employee may refuse to work on a public holiday or a day declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of the Retail Business Holidays Act.  2000, c. 41, s. 73 (1). Same (2) An employee may refuse to work on a Sunday.  2000, c. 41, s. 73 (2). Notice of refusal (3) An employee who agrees to work on a day referred to in subsection (1) or (2) may then decline to work on that day, but only if he or she gives the employer notice that he or she declines at least 48 hours before he or she was to commence work on that day.  2000, c. 41, s. 73 (3); 2017, c. 22, Sched. 1, s. 40. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 40 - 01/01/2018 PART XVIII   REPRISAL
74 (1) No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so, (a)  because the employee, (i)  asks the employer to comply with this Act and the regulations, (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 an employment standards officer, (v.1)  makes inquiries about the rate paid to another employee for the purpose of determining or assisting another person in determining whether an employer is complying with Part XII (Equal Pay for Equal Work), (v.2)  discloses the employee’s rate of pay to another employee for the purpose of determining or assisting another person in determining whether an employer is complying with Part XII (Equal Pay for Equal Work), (vi)  testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act, (vii)  participates in proceedings respecting a by-law or proposed by-law under section 4 of the Retail Business Holidays Act, (viii)  is or will become eligible to take a leave, intends to take a leave or takes a leave under Part XIV, (ix)  makes inquiries about whether a person holds a licence to operate as a temporary help agency or a licence to act as a recruiter as required under Part XVIII.1; or (b)  because the employer is or may be required, because of a court order or garnishment, to pay to a third party an amount owing by the employer to the employee.  2000, c. 41, s. 74 (1); 2017, c. 22, Sched. 1, s. 41; 2021, c. 35, Sched. 2, s. 5. Onus of proof (2) Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that an employer did not contravene a provision set out in this section lies upon the employer.  2000, c. 41, s. 74 (2). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 41 - 01/04/2018 2021, c. 35, Sched. 2, s. 5 - 01/07/2023 Part XVIII.1   Temporary Help Agencies AND RECRUITERS Licensing
74.1 The following are the types of licences that may be issued under this Part: 1.  A licence to operate as a temporary help agency. 2.  A licence to act as a recruiter. 2021, c. 35, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 06/11/2009 2017, c. 22, Sched. 1, s. 42 - 01/01/2018 2021, c. 35, Sched. 2, s. 8 - 01/07/2023 Note: On July 1, 2024, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2021, c. 35, Sched. 2, s. 9) Licence to operate as temporary help agency 74.1.1 (1) No person shall operate as a temporary help agency unless the person holds a licence for that purpose. 2021, c. 35, Sched. 2, s. 9. Same (2) No client shall knowingly engage or use the services of a temporary help agency unless the person who operates the temporary help agency holds a licence for that purpose as required under subsection (1). 2021, c. 35, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 9 - 01/07/2024 Licence to act as recruiter 74.1.2 (1) No person shall act as a recruiter unless the person holds a licence for that purpose. 2021, c. 35, Sched. 2, s. 9. Same (2) No recruiter, employer or prospective employer shall knowingly engage or use the services of a recruiter unless the recruiter holds a licence for that purpose as required under subsection (1). 2021, c. 35, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 9 - 01/07/2024
74.1.4 The Director shall issue a licence to an applicant or renew an applicant’s licence if the Director, (a)  receives an application under section 74.1.3; and (b)  is satisfied that the applicant, (i)  has complied with any orders issued under this Act or the Employment Protection for Foreign Nationals Act, 2009, and (ii)  meets the requirements set out in this Act and the regulations for the licence. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.5 (1) On receipt of an application under section 74.1.3, the Director shall, in accordance with the prescribed processes, if any, refuse to issue or renew a licence if, (a)  the applicant has not complied with an order issued under this Act or the Employment Protection for Foreign Nationals Act, 2009; (b)  the applicant has ever charged a fee to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009 or collected a fee charged to a foreign national in contravention of subsection 7 (3) of that Act, or the applicant engages or uses the services of any person, other than an employee of the applicant, that has ever charged a fee in contravention of subsection 7 (1) of that Act or collected a fee charged to a foreign national in contravention of subsection 7 (3) of that Act; (c)  the applicant fails to meet the requirements set out in this Act and the regulations for the licence; or (d)  any other prescribed circumstances exist. 2021, c. 35, Sched. 2, s. 10; 2023, c. 15, Sched. 2, s. 5. Same (2) On receipt of an application under section 74.1.3, the Director may, in accordance with the prescribed processes, if any, refuse to issue or renew a licence if, (a)  the Director has reasonable grounds to believe that, (i)  based on the past or present conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with the law, or (ii)  the applicant has made a false or misleading statement or provided false or misleading information in an application for a licence or a renewal of a licence; or (b)  any other prescribed circumstances exist. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023 2023, c. 15, Sched. 2, s. 5 - 26/10/2023
74.1.6 (1) The Director may, in accordance with the prescribed processes, if any, revoke or suspend a licence on any ground on which the Director might have refused to issue or renew the licence under subsection 74.1.5 (1) or (2). 2021, c. 35, Sched. 2, s. 10. Reinstatement (2) If the Director considers it appropriate to do so, the Director may reinstate a licence that has been suspended. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023 Notice requirements re: licences
74.1.7 (1) If the Director refuses to issue or renew a licence, or revokes or suspends a licence, the Director shall serve notice of the refusal, revocation or suspension on the applicant and shall provide the applicant with written reasons for the refusal, revocation or suspension. 2021, c. 35, Sched. 2, s. 10. Temporary help agency (2) A person whose licence to operate a temporary help agency is refused, revoked or suspended shall give written notice of the refusal, revocation or suspension to every client and assignment employee of the agency within 30 days after the day on which the notice of refusal, revocation or suspension is served. 2021, c. 35, Sched. 2, s. 10. Recruiter (3) A person whose licence to act as a recruiter is refused, revoked or suspended shall give written notice of the refusal, revocation or suspension to every employer, prospective employer or prospective employee who has engaged or used the services of the recruiter within 30 days after the day on which the notice of refusal, revocation or suspension is served. 2021, c. 35, Sched. 2, s. 10. Applicant for review (4) If a person applies for an application for review under subsection 74.1.13 (1), the person shall include that information in the notice required under subsection (2) or (3) of this section. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.8 A licence is subject to such terms and conditions as are prescribed. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.9 A licence is not transferable. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.10  (1) Subject to subsection (2), a licence expires one year after the date it was issued or renewed or on the expiration of such longer period as may be prescribed. 2021, c. 35, Sched. 2, s. 10. Same, renewal application (2) If, before a person’s licence expires, the person applies for a licence renewal in accordance with section 74.1.3, the licence remains valid until the licence is renewed or notice of the refusal to renew the licence is served. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.11 (1) The Director may cancel a licence upon the request, in writing, of the licensee. 2021, c. 35, Sched. 2, s. 10. Same, notice (2) Subsections 74.1.7 (2) and (3) apply with necessary modifications if a licence is cancelled under this section. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.12 (1) The Director shall publish and maintain, in accordance with such requirements as may be prescribed, a public record of the following on a website of the Government of Ontario: 1.  The name of every person licensed under this Act, the date the person’s licence was issued or renewed and the date the person’s licence expires. 2.  The name of every person whose licence has been revoked or suspended under this Act and the date of the revocation or suspension. 3.  Any other prescribed information. 2021, c. 35, Sched. 2, s. 10. Freedom of information legislation (2) The disclosure of personal information in a public record under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.13 (1) A person whose application for a licence has been refused under section 74.1.5 or whose licence has been revoked or suspended under section 74.1.6 is entitled to a review of the refusal, revocation or suspension by the Board if the person applies to the Board, in writing, for a review within the period set out in subsection (2). 2021, c. 35, Sched. 2, s. 10. Period for applying for review (2) An application for a review under subsection (1) shall be made within 30 days after the day on which notice of the refusal, revocation or suspension is served. 2021, c. 35, Sched. 2, s. 10. Hearing (3) Subject to subsection 118 (2), the Board shall hold a hearing for the purposes of the review. 2021, c. 35, Sched. 2, s. 10. Same, timelines (4) A review hearing shall be conducted in accordance with any timelines prescribed. 2021, c. 35, Sched. 2, s. 10. Parties (5) The parties to the review are the applicant for review and the Director. 2021, c. 35, Sched. 2, s. 10. Powers of Board (6) The Board may, with necessary modifications, exercise the powers conferred on the Director under this Part and may substitute its findings for those of the Director. 2021, c. 35, Sched. 2, s. 10. Same (7) Without limiting the generality of subsection (6), on a review under this section, the Board may uphold the Director’s decision, vary or set aside the Director’s decision or issue, renew or reinstate a licence. 2021, c. 35, Sched. 2, s. 10. Notice of decision (8) If the Board upholds the Director’s decision to refuse to issue or renew, or to revoke or suspend, a person’s licence to operate a temporary help agency, the person shall give written notice of the refusal, revocation or suspension to every client and assignment employee of the agency within 30 days after the Board issues its decision. 2021, c. 35, Sched. 2, s. 10. Same (9) If the Board upholds the Director’s decision to refuse to issue or renew, or to revoke or suspend, a person’s licence to act as a recruiter, the person shall give written notice of the refusal, revocation or suspension to every employer, prospective employer and prospective employee who has engaged or used the services of the recruiter within 30 days after the Board issues its decision. 2021, c. 35, Sched. 2, s. 10. Certain review provisions applicable (10) Subsections 116 (8) and (9), section 118 and subsections 119 (3), (4), (5), (13) and (14) apply, with necessary modifications, to a review under this section. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.14 No applicant who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Director for a licence unless, (a)  at least two years have passed since the refusal or revocation; or (b)  the applicant satisfies the Director that new evidence is available. 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 10 - 01/07/2023
74.1.15 (1) The Director may authorize an individual employed in the Ministry to exercise a power conferred on the Director under sections 74.1 to 74.1.14, either orally or in writing. 2021, c. 35, Sched. 2, s. 10. Residual power (2) The Director may exercise a power conferred on the Director under sections 74.1 to 74.1.14 even if the Director has delegated it to an individual under subsection (1). 2021, c. 35, Sched. 2, s. 10. Duty re: policies (3) An individual authorized by the Director under subsection (1) shall follow any policies established by the Director under subsection 88 (2). 2021, c. 35, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 06/11/2009 2017, c. 22, Sched. 1, s. 42 - 01/01/2018 2021, c. 35, Sched. 2, s. 10 - 01/07/2023 Interpretation and Application
74.2 For the purposes of sections 5, 102 and 102.1, Part XXVII (Regulations) and such other sections of this Act as may be prescribed insofar as matters concerning this Part are concerned, “employee” means an employee as defined in subsection 1 (1) and includes a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario; (“employé”) “employer” means an employer as defined in subsection 1 (1) and includes a client of a temporary help agency, a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee. (“employeur”) 2021, c. 35, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 06/11/2009 2016, c. 30, s. 36 (1)
- 08/12/2016; 2016, c. 30, s. 36 (2)
- 01/11/2017 2021, c. 35, Sched. 2, s. 11 - 01/07/2023 74.2.1 Repealed: 2019, c. 5, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 30, s. 36 (3)
- 08/12/2016 2019, c. 5, Sched. 3, s. 6 - 01/05/2022 2021, c. 35, Sched. 2, s. 12 - no effect - see 2019, c. 5, Sched. 3, s. 6
74.3 Where a temporary help agency and a person agree, whether or not in writing, that the agency will assign or attempt to assign the person to perform work on a temporary basis for clients or potential clients of the agency, (a)  the temporary help agency is the person’s employer; (b)  the person is an employee of the temporary help agency.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 06/11/2009
74.4 (1) An assignment employee of a temporary help agency is assigned to perform work for a client if the agency arranges for the employee to perform work for a client on a temporary basis and the employee performs such work for the client.  2009, c. 9, s. 3. Same (2) Where an assignment employee is assigned by a temporary help agency to perform work for a client of the agency, the assignment begins on the first day on which the assignment employee performs work under the assignment and ends at the end of the term of the assignment or when the assignment is ended by the agency, the employee or the client.  2009, c. 9, s. 3. Same (3) An assignment employee of a temporary help agency does not cease to be the agency’s assignment employee because, (a)  he or she is assigned by the agency to perform work for a client on a temporary basis; or (b)  he or she is not assigned by the agency to perform work for a client on a temporary basis.  2009, c. 9, s. 3. Same (4) An assignment employee of a temporary help agency is not assigned to perform work for a client because the agency has, (a)  provided the client with the employee’s resume; (b)  arranged for the client to interview the employee; or (c)  otherwise introduced the employee to the client.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 Obligations and Prohibitions
74.4.1 (1) In addition to the information that an employer is required to record under Part VI, a temporary help agency shall, (a)  record the number of hours worked by each assignment employee for each client of the agency in each day and each week; and (b)  retain a copy of any written notice provided to an assignment employee under subsection 74.10.1 (1). 2017, c. 22, Sched. 1, s. 43. Retention of records (2) The temporary help agency shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates. 2014, c. 10, Sched. 2, s. 4. Availability (3) The temporary help agency shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the agency has arranged for another person to retain them. 2014, c. 10, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 2, s. 4 - 20/11/2015 2017, c. 22, Sched. 1, s. 43 - 01/01/2018
74.4.2 (1) A client of a temporary help agency shall record the following information: 1.  The name of each assignment employee assigned to perform work for the client. 2.  The number of hours worked by each assignment employee assigned to perform work for the client in each day and each week. 2021, c. 35, Sched. 2, s. 13. Retention of records (2) The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates. 2014, c. 10, Sched. 2, s. 4. Availability (3) The client shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the client has arranged for another person to retain them. 2014, c. 10, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 2, s. 4 - 20/11/2015 2021, c. 35, Sched. 2, s. 13 - 01/07/2023
74.4.3 (1) A recruiter shall record the following information: 1.  The name of each prospective employee who uses the recruiter to find or attempt to find employment. 2.  The name and address of each employer or prospective employer who has engaged or used the services of the recruiter. 3.  Such other information as may be prescribed. 2021, c. 35, Sched. 2, s. 14. Records retention (2) The recruiter shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the recruiter ceases to provide services to the prospective employee, employer or prospective employer. 2021, c. 35, Sched. 2, s. 14. Availability for inspection (3) The recruiter shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the recruiter has arranged for another person to retain them. 2021, c. 35, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 14 - 01/07/2023
74.5 (1) As soon as possible after a person becomes an assignment employee of a temporary help agency, the agency shall provide the following information, in writing, to the employee: 1.  The legal name of the agency, as well as any operating or business name of the agency if different from the legal name. 2.  Contact information for the agency, including address, telephone number and one or more contact names.  2009, c. 9, s. 3. Transition (2) Where a person is an assignment employee of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.6 (1) A temporary help agency shall provide the following information when offering a work assignment with a client to an assignment employee: 1.  The legal name of the client, as well as any operating or business name of the client if different from the legal name. 2.  Contact information for the client, including address, telephone number and one or more contact names. 3.  The hourly or other wage rate or commission, as applicable, and benefits associated with the assignment. 4.  The hours of work associated with the assignment. 5.  A general description of the work to be performed on the assignment. 6.  The pay period and pay day established by the agency in accordance with subsection 11 (1). 7.  The estimated term of the assignment, if the information is available at the time of the offer.  2009, c. 9, s. 3. Same (2) If information required by subsection (1) is provided orally to the assignment employee, the temporary help agency shall also provide the information to the assignment employee in writing, as soon as possible after offering the work assignment.  2009, c. 9, s. 3. Transition (3) Where an assignment employee is on a work assignment with a client of a temporary help agency or has been offered such an assignment on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.7 (1) The Director shall prepare and publish a document providing such information about the rights and obligations of assignment employees, temporary help agencies and clients under this Part as the Director considers appropriate.  2009, c. 9, s. 3. Same (2) If the Director believes that a document prepared under subsection (1) has become out of date, the Director shall prepare and publish a new document.  2009, c. 9, s. 3. Same (3) As soon as possible after a person becomes an assignment employee of a temporary help agency, the agency shall provide a copy of the most recent document published by the Director under this section to the employee.  2009, c. 9, s. 3. Same (4) If the language of an assignment employee is a language other than English, the temporary help agency shall make enquiries as to whether the Director has prepared a translation of the document into that language and, if the Director has done so, the agency shall also provide a copy of the translation to the employee.  2009, c. 9, s. 3. Transition (5) Where a person is an assignment employee of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the document required by subsection (3) and, where applicable, by subsection (4), to the employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.8 (1) A temporary help agency is prohibited from doing any of the following: 1.  Charging a fee to an assignment employee in connection with him or her becoming an assignment employee of the agency. 2.  Charging a fee to an assignment employee in connection with the agency assigning or attempting to assign him or her to perform work on a temporary basis for clients or potential clients of the agency. 3.  Charging a fee to an assignment employee of the agency in connection with assisting or instructing him or her on preparing resumes or preparing for job interviews. 4.  Restricting an assignment employee of the agency from entering into an employment relationship with a client. 5.  Charging a fee to an assignment employee of the agency in connection with a client of the agency entering into an employment relationship with him or her. 6.  Restricting a client from providing references in respect of an assignment employee of the agency. 7.  Restricting a client from entering into an employment relationship with an assignment employee. 8.  Charging a fee to a client in connection with the client entering into an employment relationship with an assignment employee, except as permitted by subsection (2). 9.  Charging a fee that is prescribed as prohibited. 10.  Imposing a restriction that is prescribed as prohibited.  2009, c. 9, s. 3. Exception, par. 8 of subs. (1) (2) Where an assignment employee has been assigned by a temporary help agency to perform work on a temporary basis for a client and the employee has begun to perform the work, the agency may charge a fee to the client in the event that the client enters into an employment relationship with the employee, but only during the six-month period beginning on the day on which the employee first began to perform work for the client of the agency.  2009, c. 9, s. 3. Same (3) For the purposes of subsection (2), the six-month period runs regardless of the duration of the assignment or assignments by the agency of the assignment employee to work for the client and regardless of the amount or timing of work performed by the assignment employee.  2009, c. 9, s. 3. Same (3.1) Subsection (2) does not apply if the Director, (a)  refuses to issue or renew a licence under section 74.1.5 and the client enters into an employment relationship with the employee after the refusal; (b)  revokes the licence to operate the temporary help agency under section 74.1.6 and the client enters into an employment relationship with the assignment employee after the revocation; (c)  suspends the licence to operate the temporary help agency under section 74.1.6 and the client enters into an employment relationship with the assignment employee while the licence is suspended; or (d)  cancels the licence under section 74.1.11 and the client enters into an employment relationship with the assignment employee after the cancellation. 2021, c. 35, Sched. 2, s. 15. Interpretation (4) In this section, “assignment employee” includes a prospective assignment employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2021, c. 35, Sched. 2, s. 15 - 01/07/2023
74.9 (1) A provision in an agreement between a temporary help agency and an assignment employee of the agency that is inconsistent with section 74.8 is void.  2009, c. 9, s. 3. Same (2) A provision in an agreement between a temporary help agency and a client that is inconsistent with section 74.8 is void.  2009, c. 9, s. 3. Transition (3) Subsections (1) and (2) apply to provisions regardless of whether the agreement was entered into before or after the date on which section 74.8 comes into force.  2009, c. 9, s. 3. Interpretation (4) In this section, “assignment employee” includes a prospective assignment employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.10 (1) For the purposes of determining entitlement to public holiday pay under subsection 29 (2.1), an assignment employee of a temporary help agency is on a layoff on a public holiday if the public holiday falls on a day on which the employee is not assigned by the agency to perform work for a client of the agency.  2009, c. 9, s. 3. Same (2) For the purposes of subsection 29 (2.2), the period of a temporary lay-off of an assignment employee by a temporary help agency shall be determined in accordance with section 56 as modified by section 74.11 for the purposes of Part XV.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.11.1 A temporary help agency that fails to meet the notice requirements of paragraph 4.3 of section 74.11 during the period beginning on November 6, 2009 and ending on the day before the Good Government Act, 2009 receives Royal Assent has the obligations that the agency would have had if the failure had occurred on or after the day the Good Government Act, 2009
receives Royal Assent.  2009, c. 33, Sched. 20, s. 1 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 20, s. 1 (7) - 15/12/2009 Reprisal by Client
74.12 (1) No client of a temporary help agency or person acting on behalf of a client of a temporary help agency shall intimidate an assignment employee, refuse to have an assignment employee perform work for the client, terminate the assignment of an assignment employee, or otherwise penalize an assignment employee or threaten to do so, (a)  because the assignment employee, (i)  asks the client or the temporary help agency to comply with their respective obligations under this Act and the regulations, (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 an employment standards officer, (v.1)  makes inquiries about the rate paid to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force, (v.2)  discloses the assignment employee’s rate of pay to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force, (v.3)  discloses the rate paid to an employee of the client to the assignment employee’s temporary help agency for the purposes of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018
came into force, (vi)  testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act, (vii)  participates in proceedings respecting a by-law or proposed by-law under section 4 of the Retail Business Holidays Act, (viii)  is or will become eligible to take a leave, intends to take a leave or takes a leave under Part XIV, (ix)  makes inquiries about whether a person holds a licence to operate as a temporary help agency or a licence to act as a recruiter as required under Part XVIII.1; or (b)  because the client or temporary help agency is or may be required, because of a court order or garnishment, to pay to a third party an amount owing to the assignment employee.  2009, c. 9, s. 3; 2017, c. 22, Sched. 1, s. 45; 2018, c. 14, Sched. 1, s. 22; 2021, c. 35, Sched. 2, s. 17. Onus of proof (2) Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that a client did not contravene a provision set out in this section lies upon the client.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2017, c. 22, Sched. 1, s. 45 - 01/04/2018 2018, c. 14, Sched. 1, s. 22 - 01/01/2019 2021, c. 35, Sched. 2, s. 17 - 01/07/2023 Reprisal by Recruiter
74.12.1 (1) No recruiter or person acting on behalf of a recruiter shall intimidate or penalize, or attempt or threaten to intimidate or penalize, a prospective employee who engages or uses the services of the recruiter because the prospective employee, (a)  asks the recruiter to comply with this Act and the regulations; (b)  gives information to an employment standards officer; (c)  testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act; or (d)  makes inquiries about whether a person holds a licence to operate as a temporary help agency or a licence to act as a recruiter as required under Part XVIII.1. 2021, c. 35, Sched. 2, s. 18. Onus of proof (2) Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that a recruiter did not contravene a provision set out in this section lies upon the recruiter. 2021, c. 35, Sched. 2, s. 18. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 9, s. 1 (3) - 29/11/2010 2017, c. 22, Sched. 1, s. 46 - 01/01/2018 2021, c. 35, Sched. 2, s. 18 - 01/07/2023 Enforcement
74.13 (1) For the purposes of the application of section 102 in respect of this Part, the following modifications apply: 1.  In addition to the circumstances set out in subsection 102 (1), the following are circumstances in which an employment standards officer may require persons to attend a meeting under that subsection: i.  The officer is investigating a complaint against a client. ii.  The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that a client has contravened this Act or the regulations with respect to an assignment employee. iii.  The officer acquires information that suggests to him or her the possibility that a client may have contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee. iv.  The officer wishes to determine whether a client, in whose residence an assignment employee or prospective assignment employee resides, is complying with this Act. 2.  In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: i.  The client. ii.  If the client is a corporation, a director or employee of the corporation. iii.  An assignment employee or prospective assignment employee. 3.  If a person who was served with a notice under section 102 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102 (10) is a reference to the client. 4.  If a person who was served with a notice under section 102 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102 (10) is a reference to an assignment employee or prospective assignment employee, as the case requires.  2009, c. 9, s. 3; 2010, c. 16, Sched. 9, s. 1 (4, 5). Interpretation, corporation (2) For the purposes of paragraph 3 of subsection (1), if a client is a corporation, a reference to the client includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents.  2010, c. 16, Sched. 9, s. 1 (6). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2010, c. 16, Sched. 9, s. 1 (4-6) - 29/11/2010
74.13.1 (1) For the purposes of the application of section 102.1 in respect of this Part, the following modifications apply: 1.  In addition to the circumstances set out in subsection 102.1 (1), the following are circumstances in which an employment standards officer may, after giving written notice, require persons to provide evidence or submissions to the officer within the period of time that he or she specifies in the notice: i.  The officer is investigating a complaint against a client. ii.  The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that a client has contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee. iii.  The officer acquires information that suggests to him or her the possibility that a client may have contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee. iv.  The officer wishes to determine whether a client in whose residence an assignment employee or prospective assignment employee resides is complying with this Act. 2.  If a person who was served with a notice under section 102.1 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102.1 (1) is a reference to a client. 3.  If a person who was served with a notice under section 102.1 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102.1 (3) is a reference to an assignment employee or prospective assignment employee as the case requires.  2010, c. 16, Sched. 9, s. 1 (7). Interpretation, corporations (2) For the purposes of subsection (1), if a client is a corporation, a reference to the client or person includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents.  2010, c. 16, Sched. 9, s. 1 (7). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 9, s. 1 (7) - 29/11/2010
74.14 (1) If an employment standards officer finds that a temporary help agency charged a fee to an assignment employee or prospective assignment employee in contravention of paragraph 1, 2, 3, 5 or 9 of subsection 74.8 (1), the officer may, (a)  arrange with the agency that it repay the amount of the fee directly to the assignment employee or prospective assignment employee; (a.1)  order the agency to repay the amount of the fee to the assignment employee or prospective assignment employee; or (b)  order the agency to pay the amount of the fee to the Director in trust.  2009, c. 9, s. 3; 2017, c. 22, Sched. 1, s. 47. Administrative costs (2) An order issued under clause (1) (b) shall also require the temporary help agency 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.  2009, c. 9, s. 3. Contents of order (3) The order shall state the paragraph of subsection 74.8 (1) that was contravened and the amount to be paid.  2009, c. 9, s. 3. Application of s. 103 (3) and (6) to (9) (4) Subsections 103 (3) and (6) to (9) apply with respect to an order issued under this section with necessary modifications and for the purpose, without limiting the generality of the foregoing, a reference to an employee is a reference to an assignment employee or prospective assignment employee.  2009, c. 9, s. 3. Application of s. 105 (5) Section 105 applies with respect to repayment of fees by a temporary help agency to an assignment employee or prospective assignment employee with necessary modifications, including but not limited to the following: 1.  The reference to clause 103 (1) (a) in subsection 105 (1) is a reference to clause (1) (a) of this section. 2.  A reference to an employee is a reference to an assignment employee or prospective assignment employee to whom a fee is to be paid.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2017, c. 22, Sched. 1, s. 47 - 01/01/2018
74.15 If a temporary help agency charges a fee to a client in contravention of paragraph 8 or 9 of subsection 74.8 (1), the client may recover the amount of the fee in a court of competent jurisdiction.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009
74.16 (1) If an employment standards officer finds that a temporary help agency has contravened paragraph 4, 6, 7 or 10 of subsection 74.8 (1), the officer may order that the assignment employee or prospective assignment employee be compensated for any loss he or she incurred as a result of the contravention.  2009, c. 9, s. 3. Terms of orders (2) If an order issued under this section requires a temporary help agency to compensate an assignment employee or prospective assignment employee, it shall also require the agency 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 assignment employee or prospective assignment employee. 2017, c. 22, Sched. 1, s. 48. Contents of order (3) The order shall state the paragraph of subsection 74.8 (1) that was contravened and the amount to be paid.  2009, c. 9, s. 3. Application of s. 103 (3) and (6) to (9) (4) Subsections 103 (3) and (6) to (9) apply with respect to orders issued under this section with necessary modifications and for the purpose, without limiting the generality of the foregoing, a reference to an employee is a reference to an assignment employee or prospective assignment employee.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2017, c. 22, Sched. 1, s. 48 - 01/01/2018
74.17 (1) If an employment standards officer finds that section 74.12 has been contravened with respect to an assignment employee, the officer may order that the employee be compensated for any loss he or she incurred as a result of the contravention or that he or she be reinstated in the assignment or that he or she be both compensated and reinstated.  2009, c. 9, s. 3. Terms of orders (2) If an order issued under this section requires the client to compensate an assignment employee, it shall also require the client 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 assignment employee. 2017, c. 22, Sched. 1, s. 49. Application of s. 103 (3) and (5) to (9) (3) Subsections 103 (3) and (5) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1.  A reference to an employer is a reference to a client. 2.  A reference to an employee is a reference to an assignment employee.  2009, c. 9, s. 3. Agency obligation (4) If an order is issued under this section requiring a client to reinstate an assignment employee in the assignment, the temporary help agency shall do whatever it can reasonably do in order to enable compliance by the client with the order.  2009, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 3 - 6/11/2009 2017, c. 22, Sched. 1, s. 49 - 01/01/2018