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Established in 1919 to develop and enforce labour legislation, the Ministry of Labour's mission is to advance safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario. The MOL is divided in the Employment Standards Branch, the Labour Relations Branch and the Health & Safety Branch.
Through the ministry's key areas of occupational health and safety, employment rights and responsibilities, labour relations and internal administration, the ministry's mandate is to set, communicate and enforce workplace standards while encouraging greater workplace self-reliance. A range of specialized agencies, boards and commissions assist the ministry in its work. |
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| Bill 208 made the most fundamental changes in the OHSA since 1978, boosting worker control of Occupational Health & Safety. |
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- The political climate in Ontario has demonstrated that more stringent requirements are on their way.
- Fines have jumped:
- From $5000 to $25,000 personally for every worker under the Act per contravention
- From $25,000 to $500,000 Corporately per contravention + up to 12 months in jail
- Inspectors are under pressure to become more aggressive. (approximately 200 inspectors hired recently (or goal to hire) to enforce the OHSA
- Prosecution Legislation under the Criminal code of Canada – Bill C 45 was proclaimed March 31st, 2004 rather than just the OHSA.
- There is increasing use of economic sanctions and rewards under the WSIA (Increased premiums and penalties including Workwell)
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| REGULATIONS – must be authorized or prescribed by the OHSA |
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- Are law and enforced under the Act.
- Adopted and amended by Cabinet.
- Do not always involve public process.
- Set out specific rules - often narrow, detailed and technical.
- Cannot exceed authority of the parent Act.
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- Number of inspections: 56,928
- Number of work refusals investigated: 312
- Number of orders issued: 58,970
- Amount of fines: $ 2.3 million
- Number Fined: Employers: 382
- Supervisors: 136
- Workers: 28
- Number of convictions: 380
- MOL success rate: 72%
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- Fatal or critical injury to workers
- Offences committed where there is a high risk of causing either critical injury or death
- Conscious or gross disregard of the Act or its regulations by employers, constructors, supervisors or workers
- Contravention of a designated substance regulation where satisfactory compliance action is not being taken
- Failure to comply with orders or where orders are issued for similar infractions to the same employer
- Persons endangering their own health or safety and the health or safety of others
- Contravention of minimum age requirements for certain types of work
- Obstruction of an inspector when carrying out his duties or powers under the Act or regulations
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| The Ministry can choose any number of defendants such as: |
- Injured worker
- Co-workers
- Supervisor
- Employer
- Director
- Officers of the organization
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| The Act states that every person who contravenes or fails to comply with: |
- A provision of this Act or the Regulations;
- An order or requirement of an inspector or a Director; or
- An order of the Minister...
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..is guilty of an offense* and on conviction is liable to a fine of not more than $25.000** or to imprisonment for a term of not more than twelve months or both.
* A manager, agent, representative, officer, director or supervisor (whether a Corporation or not) can be charged. Charges must be issued within one year of the occurrence.
** If a Corporation is convicted of the above offenses the maximum fine is $500,000. |
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| The Ministry of Labour has responsibility for the following legislation: |
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| Employment Rights and Responsibilities |
- Employment Standards Act, 2000
- Pay Equity Act
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| Occupational Health and Safety |
- Occupational Health and Safety Act
- Smoking in the Workplace Act
- Workplace Safety and Insurance Act, 1997
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| Labour Relations |
- Labour Relations Act, 1990
- Ambulance Services Collective Bargaining Act, 2001
- Crown Employees Collective Bargaining Act, 1993
- Fire Protection and Prevention Act, 1997 1997 (Part IX Firefighters; Employment and Labour Relations)
- Hospital Labour Disputes Arbitration Act, 1990
- Labour Relations Act, 1995
- Public Sector Dispute Resolution Act, 1997
- Public Sector Labour Relations Transition Act, 1997
- Public Sector Transition Stability Act, 1997
- Rights of Labour Act
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| Other |
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| Guides to Legislation |
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| See also: |
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