Projet de loi no 53
Labour Standards Code (amended) *
An Act to Amend Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, Respecting Worker Recruitment and Protection
Déposé par :
L'honorable Marilyn More
Minister of Labour and Advanced Education
|Première lecture|| 4 mai 2011
(en anglais seulement)
|Débats en deuxième lecture||6 mai 2011|
|Adoption en deuxième lecture||6 mai 2011|
|Comité des modifications des lois||Sommaire des soumissions
|Date(s) de réunion||10 mai 2011|
|Rapport à la Chambre||11 mai 2011|
|Comité plénier||12 mai 2011|
|Débats de la troisième lecture|
|Débats de la troisième lecture||12 mai 2011|
|Sanction royale||19 mai 2011|
|Prise d'effet||Proclamation except:
Clauses 1(a), (c), (e) and (f) and Section 2; clauses 3(cb) and (cc) of the Labour Standards Code, as enacted by Section 3 of Chapter 19; Section 4, clauses 5(a) to (d), Sections 6 and 7 and subsection 8(1); subsection 21(3B) of the Labour Standards Code, as enacted by subsection 8(2) of Chapter 19; subsections 8(3) to (7) and Sections 9 to 20; the heading preceding Section 89B and Sections 89B and 89D to 89G of the Labour Standards Code, as enacted by Section 21 of Chapter 19; and Sections 22 to 27: June 30, 2011;
Clauses (b), (d) and (g) of Section 1; clauses (ca) and (cd) to (cq) of Section 7 of the Labour Standards Code as enacted by Section 3; clause (e) of Section 5; subsections (3A) and (3C) of Section 21 of the Labour Standards Code as enacted by subsection (2) of Section 8; and the heading preceding Section 89H and Sections 891 to 89R and 89Z of the Labour Standards Code as enacted by Section 21 of Chapter 19 of the Acts of 2011, An Act to Amend Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, Respecting Worker Recruitment and Protection: February 1, 2013;
Sections 89C, 89H, 89S and 89U to 89Y of the Labour Standards Code as enacted by Section 21 of Chapter 19 of the Acts of 2011, An Act to Amend Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, Respecting Worker Recruitment and Protection: May 1, 2013;
Section 89T of the Labour Standards Code as enacted by Section 21 of Chapter 19 of the Acts of 2011, An Act to Amend Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, Respecting Worker Recruitment and Protection: August 1, 2013.
|2011 Statutes, Chapter 19||Voir (en anglais seulement)|
Note explicative (en anglais seulement)
(a) updates the definition of “Minister”;
(b) expands the definition of “Director” to include a prescribed government department or agency that assumes a role in relation to the new licensing and registration schemes; and
(c) adds definitions for “foreign worker”, “licensee” and “recruitment”.
Clause 2 harmonizes the term “Minister” in Section 3 with the definition of “Minister”.
Clause 3 adds regulation-making powers for the Governor in Council to address the changes and additions made by this Act which are subject to regulation.
Clause 4 authorizes the Director to provide information collected or obtained under the Act to a department of the Government, the Government of Canada or of another province.
Clause 5 requires
(a) employers to keep and maintain records relating to their employees and persons used by them in relation to recruitment; and
(b) licensees to prepare and retain financial records and other records as specified in the regulations, for three years, from which it may be determined whether the employer or licensee is complying with the Act.
Clause 6 gives access to a recruiter�s records to the Director or an officer.
Clause 7 repeals the provisions relating to the powers and procedures of the Labour Standards Tribunal as a consequence of the Tribunal being replaced by the Labour Board, and avoids duplication of the powers and procedures set out in the Labour Board Act with respect to the Labour Board.
Clause 8 expands the complaint to and inquiry procedure by the Director to include complaints in relation to recruiters, licensees and other persons and authorizes an appeal from an order of the Director in such cases to the Labour Board.
Clause 9 makes a consequential amendment due to the addition of a new Section in Clause 14.
Clause 10 clarifies that the procedure for complaints to the Labour Board must be in accordance with the rules of the Labour Board.
Clause 11 allows the Board to proceed with a hearing even if a person who has been duly notified of the hearing does not attend.
Clauses 12 to 14 are consequential amendments required to change the reference from “Tribunal” to “Board” for the complaints process.
Clause 15 authorizes a complaint to the Director in relation to actions prescribed by Sections 89B, 89E, 89F and 89G.
Clause 16 adds to the grounds on which an employee has the right to apply to the Board for a determination.
Clause 17 requires recruiters to furnish security if the recruiter appeals an order of the Director in relation to a complaint.
Clause 18 allows the Director to garnishee and hold in trust funds from a person the Director has reason to believe is or is about to become indebted to any person referred to in Section 81A.
Clause 19 broadens the type of debts the Board or Director can deal with and to whom it may be paid.
Clause 20 extends an order of the Board that constitutes a lien to cover the property of recruiters.
Clause 21 adds provisions
(a) prohibiting any person from charging a fee to an individual in relation to recruitment of the individual for employment in the Province unless the individual is in an exempt category;
(b) prohibiting an employer from engaging the services of an unlicensed recruiter unless the recruiter is exempt from the obligation to be licenced;
(c) declaring a contractual provision that provides for the payment of a prohibited fee for employment recruitment to be void;
(d) prohibiting an employer from recovering from an employee the cost of recruiting the employee;
(e) prohibiting an employer from reducing the wages of a foreign worker or taking or retaining the worker’s property;
(f) requiring a recruiter to hold a licence or be exempt from the provisions of the Act or regulations;
(g) specifying the requirements for a licence to recruit, including the payment of a prescribed fee and the giving of security;
(h) allowing the Director to investigate an applicant for a licence;
(i) allowing the Director to attach conditions to a licence on prior written notice to the applicant;
(j) specifying the grounds for refusing to issue a licence;
(k) prohibiting employers from recruiting or employing a foreign worker unless registered with the Director or in an exempt category;
(l) specifying the requirements for a registration application and requiring the Director to register the employer unless the application is refused;
(m) specifying the duration of a registration;
(n) specifying conditions for the Director to refuse to register an employer or to suspend or cancel a registration or licence, and providing an opportunity for an applicant to be heard;
(o) requiring the Director to give written reasons where a registration or licence is refused or cancelled; and
(p) granting the right to appeal to the Labour Board if a registration or licence is refused or cancelled, or if conditions are applied to a licence.
Clause 22 adds a provision allowing the Director to bring an action to recover amounts owing in addition to unpaid pay on behalf of the Board or any employee or other individual.
Clauses 23 to 26 expand the application of the offence and penalty Sections of the Act.