Endnotes2017-03-03T18:36:56+00:00

1. There have always been workers outside the “standard” employment relationship. Regardless, the nature of employment has changed. See Leah F. Vosko, “Precarious Employment: Towards an Improved Understanding of  Labour Market Insecurity” in Leah F. Vosko, ed., Precarious Employment: Understanding Labour Market Insecurity in
Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006) 4, 6; Judy Fudge, “The New Workplace: Surveying the Landscape” (2009) 33 Man LJ 131; Katherine Stone, “The New Psychological Contract: Implications of
the Changing Workplace for Labour and Employment Law” (2001) 48 UCLA L Rev 519.

2. A brief note on terminology and classification. Immigrants are people who have emigrated from other countries throughout the world and have settled in Ontario. They may be established in Canada or recently arrived. Racialization has been defined as “the process by which societies construct races as real, different and unequal in ways that matter to economic, political and social life”: Ontario Human Rights Commission, Policy and Guidelines on Racism and Racial Discrimination (2005, revised 2009). Online: http://www.ohrc.on.ca/en/racial-discriminationrace– and-racism. Many immigrants are racialized persons and vice versa. Between 2001 and 2006, “over three quarters of immigrants to Canada were from the global South or countries with racialized majority populations”[Sheila Block & Grace-Edward Galabuzi, Canada’s Colour Coded Labour Market: The Gap for Racialized Workers (Canadian Centre for Policy Alternatives and the Wellesley Institute, 2011), 6. Online: http://www.wellesleyinstitute.com/wpcontent/uploads/2011/03/Colour_Coded_Labour_MarketFINAL.pdf. However,  there are important distinctions between the two categories. Many racialized persons have been Canadian for several generations and immigrants who are not visible minorities are less likely to be racialized. Then again, Caucasian immigrants may be racialized because of an accent or other cultural differences. The LCO discusses immigrants and racialized Ontarians separately while acknowledging the commonality in how they may experience precarious work.

3. A Creative Symposium was held on November 30, 2006 in order to discuss the creation of a new law reform commission for Ontario and identify potential law reform projects.

4. Andrea M. Noack & Leah F. Vosko, Precarious Jobs in Ontario: Mapping Dimensions of Labour Market Insecurity by Workers’ Social Location and Context (Law Commission of Ontario, 2011). Online: http://www.lco-cdo.org/vulnerable-workerscommissioned-papers-vosko-noack.pdf; Leah F. Vosko, Eric Tucker, Mark P. Thomas & Mary Gellatly, New Approaches to Enforcement and Compliance with Labour Regulatory Standards: The Case of Ontario, Canada (Law Commission of Ontario, November 2011). Online: http://www.lcocdo.org/vulnerable-workers-commissioned-papers-vosko-tucker-thomas-gellatly.pdf. See also student paper: Jamie Baxter, Precarious Pathways: Evaluating the Provincial Nominee Programs in Canada (Law Commission of Ontario, July 2010). Online: http://www.lco-cdo.org/baxter.pdf.

5. See Appendix B for a list of consultations carried out in the Vulnerable Workers and Precarious Work Project.

6. Comments by Ontario government officials, October 2012.

7. Efforts to reduce the benefits of employees in secure jobs with excellent benefits (particularly pensions) have recently threatened the stability of several European countries such as Greece. See for example, Niki Kitsantonis, “Ahead of Summit, Greece Rushes to Approve New Cuts”, New York Times (29 February 2012).

8. Peter Shawn Taylor, “In praise of ‘precarious’ work”, Canadian Business, (24 October 2012). Online: http://www.canadianbusiness.com/article/102189—inpraise-of-precarious-work.

9. For example, according to Statistics Canada, in 2012, 36.6 percent of Canadian workers aged 25-44 were engaged in part-time work for reasons that include business conditions and/or the inability to find full-time work. Statistics Canada, CANSIM Table 282-0014 and 282-0001 Reasons for part-time work by sex and age group. Online: http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/labor63a-eng.htm.

10. “50th OECD Anniversary: International Migration and the SOPEMI” in International Migration Outlook 2011 (Organization for Economic Cooperation & Development, 2011). Online: http://www.oecd.org/dataoecd/22/5/48342373.pdf.

11. The Canadian Chamber of Commerce, 2012-2013 Economic Outlook, Economy Battles Strong Headwinds: Modest
Growth Ahead, Economic Policy Series (2011). Online: http://www.chamber.ca/images/uploads/Reports/2011/EconomicOutlook111228.pdf.

12. John Morrissy, “Canadian jobs market headed for serious downturn”, Financial Post (2 November 2011). Online:
http://business.financialpost.com/2011/11/02/canadianjobs-market-headed-for-serious-downturn/.

13. Law Commission of Ontario, Vulnerable Workers and Precarious Work (December 2010), vi-vii (Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper). Online: http://www.lcocdo.org/VulnerableWorkersBackgroundPaper-December2010.pdf. Citing Harry W. Arthurs, Fairness at Work: Federal Labour Standards for the 21st Century (Gatineau: Human Resources Skills Development Canada, 2006), 232. Online: http://www.hrsdc.gc.ca/eng/labour/employment_standards/fls/pdf/final_report.pdf.

14. John Stapleton, Brian Murphy & Yue Xing, The “Working Poor” in the Toronto Region: Who They Are, Where They Live, and How Trends are Changing (Metcalf Foundation, February 2012), 24-25. Online: http://metcalffoundation.com/wpcontent/uploads/2012/02/Working-Poor-in-Toronto-Region.pdf.

15. Guy Standing, Precariat: The New Dangerous Class (Huntington: Bloomsbury, 2011), 24.

16. Submission to LCO September 30, 2012.

17. Vosko, et al, note 4.

18. “Chapter 3: Taking the measure of temporary employment”, in OECD Employment Outlook 2002 (Organization for Economic Cooperation & Development, 2002). Online: http://www.oecd.org/employment/employmentpoliciesanddata/17652675.pdf.

19. Noack & Vosko, note 4, 11.

20. Comments by Ministry of Labour officials, December, 2012.

21. Recession Watch Bulletin. Issue 4 (Canadian Labour Congress, Winter 2010), 3. Online: http://www.canadianlabour.ca/news-room/publications/recession-watch-bulletin-issue-4-winter-2010.

22. “How do OECD labour markets perform?”, Employment Policies and Data (Organization for Economic Cooperation &
Development, 9 July 2012). Online: http://www.oecd.org/employment/employmentpoliciesanddata/howdooecdlabourmarketsperform.htm.

23. LCO consultation meeting with F.A.R.M.S. (17 January 2012).

24. In certain circumstances, a federal program may provide these employees with temporary employment insurance support: Service Canada, Work-Sharing. Online: http://www.servicecanada.gc.ca/eng/work_sharing/index.shtml.

25. Tom Zizys, Working Better: Creating a High Performing Labour Market in Ontario (Metcalf Foundation, 2011), 21. Online: http://metcalffoundation.com/wp-content/uploads/2011/05/working-better.pdf.

26. Leah F. Vosko, Temporary Work: The Gendered Rise of a Precarious Employment Relationship (Toronto: University of Toronto Press, 2000), 27.

27. Zizys, note 25.

28. Arthurs, note 13, 19.

29. Citizenship and Immigration Canada, News Release, “More Federal Skilled Workers for Canada in 2012” (3 November 2011). Online: http://www.cic.gc.ca/english/department/media/releases/2011/2011-11-03.asp; Wallace Immen, “Ottawa to seek innovative business migrants”, The Globe and Mail (9 March 2012) A6. A new Federal Skilled Trades Program, effective January 2, 2013, will create an avenue of permanent resident status for workers in skilled trades (NOC level B) in occupations such as electrician, pipefitter, heavyduty equipment mechanics, welders, etc., Citizenship and Immigration, News Release, “Building an Immigration System that Works for Canada”, (10 December 2012). Online: http://www.cic.gc.ca/english/department/media/releases/2012/2012-12-10.asp.

30. Canada has three temporary foreign worker programs for low skilled positions discussed below.

31. Zizys, note 25, 9.

32. René Morissette, Grant Schellenberg & Anick Johnson, “Diverging Trends in Unionization”, Perspectives on Labour
and Income, Vol 6, No 4 (Statistics Canada, April 2005). Online: http://www.statcan.gc.ca/pub/75-001-x/10405/7827-eng.htm.

33. The Conference Board of Canada Hot Topics, Canada Inequality: Is Canada Becoming More Unequal? (July 2011). Online: www.conferenceboard.ca/hcp/hottopics/canInequality.aspx; Sheila Block, Work and Health: Exploring the Impact of Employment on Health Disparities (9 December 2010). Online: http://www.wellesleyinstitute.com/wpcontent/uploads/2010/12/Work_and_Health.pdf. In 2011, the rate of income inequality in Canada was slightly higher than the OECD average: OECD, Society at a Glance 2011: OECD Social Indicators (2011). Online: http://www.oecd.org/els/socialpoliciesanddata/societyataglance2011-oecdsocialindicators.htm.

34. OECD, Growing Income Inequality in OECD Countries: What Drives It and How Can Policy Tackle It?, Forum, Paris, 2 May 2011 (2011), 7 (OECD, Growing Income Inequality). Online: http://www.oecd.org/dataoecd/32/20/47723414.pdf.

35. OECD, Growing Income Inequality, note 34, 7.

36. Richard Wilkinson & Kate Pickett, The Spirit Level: Why Equality Is Better for Everyone (London: Penguin Books,
2010).

37. Richard G. Wilkinson, The Impact of Inequality: How to Make Sick Societies Healthier (New York: The New Press, 2005), 40-53 and 221.

38. Wilkinson, note 37, 101.

39. James Gwartney, Robert Lawson & Joshua Hall, Economic Freedom of the World, Annual Report 2011 (Fraser Institute, 2011). Online: http://www.freetheworld.com/2011/reports/world/EFW2011_complete.pdf. Women’s well-being is defined by the United Nations Development Programme Gender Inequality Index in relation to five variables (maternal mortality, adolescent fertility, female parliamentary representation, educational attainment and female labour force participation rate). See: United Nations Development Programme Gender Inequality Index (GII), (2011).  Online: http://hdr.undp.org/en/statistics/gii/.

40. Noack & Vosko, note 4.

41. Noack & Vosko, note 4, 6.

42 Noack & Vosko, note 4, 12.

43. Noack & Vosko, note 4, 17.

44. Standing, note 15, 15.

45. Statistics Canada, “Reasons for part-time work by sex and age group,” note 9.

46. Noack & Vosko, note 4, 16-18.

47. Noack & Vosko, note 4, 38; See also the section on Employment Standards below.

48. Standing, note 15, 15.

49. Noack & Vosko, note 4.

50. Ministry of Labour, New Release, “Ensuring Temporary Workers’ Rights, McGuinty Government Committed to Protecting Employment Standards” (8 June 2012). Online: http://news.ontario.ca/mol/en/2012/06/ensuringtemporary-workers-rights.html.

51. Sylvia Fuller and Leah F. Vosko, “Temporary Employment and Social Inequality in Canada: Exploring Intersections of Gender, Race and Immigration Status”, Soc Indic Res (2008) 88:31. Online: http://link.springer.com/content/pdf/10.1007%2Fs11205-007-9201-8

52. Ellen MacEachen, Katherine Lippel, Ron Saunders, Agnieszka Kosny, Liz Mansfield, Christine Carrasco, Diana Pugliese, “Workers’ compensation, experience-rating rules and the danger to workers’ safety in the temporary work sector”, (2012) 10 (1) Policy and Practice in Health and Safety, 78-79.

53. MacEachen, et al, note 52.

54. MacEachen, et al, note 52.

55. MacEachen, et al, note 52.

56. Ontario Workplace Safety and Insurance Board, Responsibilities of the Workplace Parties in Work Reintegration, No 190202 (15 July 2012). Online: http://www.wsib.on.ca/en/community/WSIB/OPMDetail?vgnextoid=5b0bc0d9ca3d7210VgnVCM100000449c710aRCRD.

57. Katherine Lippel, Ellen MacEachen, Ron Saunders, Natalia Werhun, Agnieszka Kosny, Liz Mansfield, Christine Carrasco & Diana Pugliese, “Legal Protections Governing the Occupational Safety and Health and Workers’ Compensation of Temporary Employment Agency Workers in Canada: Reflections on Regulatory Effectiveness” (2011) 9:2 Policy and Practice in Health and Safety 69, 80.

58. Isabel Nunes, “The Nexus Between OSH and Subcontracting” (2012) 41 Work 3062, 3063.

59. Joan M. Eakin, Danièle Champoux & Ellen MacEachen, “Health and Safety in Small Workplaces: Refocusing Upstream” (2010) 101 Canadian Journal of Public Health S29, S30; David Walters & Philip James, Understanding the Role of Supply Chains in Influencing Health and Safety at Work: Report Submitted by the IOSH Research Committee (Leicestershire, UK: Institution of Occupational Safety and Health, 2009). Online: http://www.iosh.co.uk/information_and_resources/research_and_development/research_fund/grants_awarded/idoc.ashx?docid=c1116aa4-5a15-4049-aeac-89ee47147634&version=-1.

60. Although the long term consequences of privatization can be costly on many levels, particularly for government employers: Robert Dryden & Jim Stanford, The Unintended Consequences of Outsourcing Cleaning Work (March 2012, Canadian Centre for Policy Alternatives Ontario). Online: http://www.policyalternatives.ca/sites/default/files/uploads/publications/Ontario%20Office/2012/03/Unintended%20Consequences%20of%20Outsourcing_final.pdf.

61. Feng Hou and Shunji Wang, “Immigrants in selfemployment.” Perspectives on Labour and Income (Statistics Canada: 24 June 2011). Online: http://www.statcan.gc.ca/pub/75-001-x/2011003/article/11500-eng.htm#a3.

62. Cynthia J. Cranford, Judy Fudge, Eric Tucker, & Leah F. Vosko, Self-Employed Workers Organize: Law, Policy, and Unions (Montreal & Kingston: McGill – Queen’s University Press, 2005), 13-14 (Cranford, et al, Self-Employed Workers). It is not made clear, but these appear to be Canadian statistics.

63. Leah F. Vosko & Nancy Zukewich, “Precarious By Choice? Gender and Self-Employment” in Leah F. Vosko, ed, Precarious Employment: Understanding Labour Market Security in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006), 76-77.

64. Vosko & Zukewich, note 63.

65. Feng Hou & Shunji Wang, “Immigrants in Self-Employment”, Perspectives on Labour and Income, Vol 23, No 3 (Statistics Canada, Autumn 2011). Online: http://www.statcan.gc.ca/pub/75-001-x/2011003/article/11500-eng.pdf. Note that children of immigrants may choose self-employment as a matter of preference due in part to language skills, education and Canadian experience: Teresa Abada, Feng Hou, & Yuqian Lu, “Choice or Necessity: Do Immigrants and Their Children Choose Self-employment for the Same Reasons?”, Analytical Studies —Research Paper Series, (Statistics Canada, Social Analysis Division, Analysis Branch, April 2012). Online: http://www.statcan.gc.ca/pub/11f0019m/11f0019m2012342-eng.pdf.

66. Cranford, et al, Self-Employed Workers, note 62, 11-12, referring to figures from 1999; Noack & Vosko, note 4, 9.

67. Cranford, et al, Self-Employed Workers, note 62, 13.

68. Judy Fudge, Eric Tucker & Leah Vosko, The Legal Concept of Employment: Marginalizing Workers (Law Commission of Canada, October 2002), 16-17 (Fudge, Tucker & Vosko, “The Legal Concept of Employment”). Online: http://publications.gc.ca/collections/collection_2007/lcccdc/JL2-35-2002E.pdf.

69. Leah F. Vosko, Managing the Margins: Gender, Citizenship, and the International Regulation of Precarious Employment (Oxford: Oxford University Press, 2009), 172.

70. Noack & Vosko, note 4, 24.

71. Noack & Vosko, note 4, 24.

72. Noack & Vosko, note 4, 25.

73. Noack & Vosko, note 4, 22-23.

74. Noack & Vosko, note 4, 28.

75. Noack & Vosko, note 4, 31-32.

76. Noack & Vosko, note 4, 18-21 and 24-32.

77. “The concept of ‘social location’ has been developed to specify the ways in which political and economic conditions interact with class, ethnicity, culture, and sexual orientation to shape the meanings and strategies of working men and women”: Fudge, Tucker & Vosko, “The Legal Concept of Employment”, note 68, 7. For the connection between precarity and marginalized social location, see Vosko, note 1, 379; Workers’ Action Centre, Working on the Edge (2007) (Workers’ Action Centre, Working on the Edge). Online: http://www.workersactioncentre.org/wpcontent/uploads/2011/12/pb_WorkingOnTheEdge_eng.pdf. Alternatively, working in precarious employment may itself place workers into a marginalized social position.

78. In respect of newcomers to Canada, see Li Xue, Portrait of an Integration Process (Citizen and Immigration Canada, June 2007), 13-16. Online: http://www.cic.gc.ca/english/pdf/research-stats/portrait-integr-process-e.pdf; (Luin Goldring & Patricia Landolt, “The Impact of Precarious Legal Status on Immigrant’s Economic Outcomes”, IRPP Study No. 35, October 2012.) Online: http://www.irpp.org/pubs/IRPPstudy/IRPP_Study_no35.pdf.

79. Noack & Vosko, note 4, 32.

80. Law Commission of Ontario; A Framework for the Law as It Affects Older Adults: Advancing Substantive Equality for Older Persons through Law, Policy and Practice (Toronto: April 2012). Online: http://www.lco-cdo.org/en/older-adults-final-report. Law Commission of Ontario, A Framework for the Law as It Affects Persons with Disabilities: Advancing Substantive Equality for Persons with Disabilities through Law, Policy and Practice (Toronto: September 2012). Online: http://www.lco-cdo.org/en/disabilities-final-report.

81. Julie Cool, Wage Gap Between Women and Men, No 2010-30-E (Library of Parliament, 29 July 2010), 7-8. Online:
http://www.parl.gc.ca/Content/LOP/ResearchPublications/2010-30-e.htm. Also see Leah F. Vosko & Lisa F. Clark,
“Canada: Gendered Precariousness and Social Reproduction” in Leah F. Vosko, Martha MacDonald & Iain Campbell, eds, Gender and the Contours of Precarious Employment (London: Routledge, 2009) 26, 31-32 and Cynthia J. Cranford & Leah Vosko, “Conceptualizing Precarious Employment: Mapping Wage Work Across Social Location and Occupational Context” in Vosko, note 1, 43, 58-59.

82. Vosko & Clark, note 81, 31-32.

83. Noack & Vosko, note 4, 19.

84. Statistics Canada, “Minimum Wage”, Perspectives on Labour and Income, Vol 10, No 1 (Statistics Canada, January 2009), 3. Online: http://www.statcan.gc.ca/pub/75-001-x/75-001-x2009101-eng.pdf.

85. Cool, note 81, 2. See too: Cara Williams, “Economic Well-Being” in Statistics Canada, Women in Canada: A Gender-Based Statistical Report, 6th ed (Statistics Canada, December 2010), 16. Online: http://www.statcan.gc.ca/pub/89-503-x/2010001/article/11388-eng.pdf.

86. Noack & Vosko, note 4, 24.

87. Cool, note 81, 7-8.

88. Vosko & Zukewich, note 63, 67.

89. Vosko & Clark, note 81, 27.

90. Anne Milan, Leslie-Anne Keown & Covadonga Robles Urquijo, “Families Living Arrangements and Unpaid Work” in Statistics Canada, Women in Canada: A Gender-Based Statistical Report, 6th ed (December 2011), 20. Online: http://www.statcan.gc.ca/pub/89-503-x/2010001/article/11546-eng.pdf.

91. Anne Milan, et al, note 90.

92. Noack & Vosko, note 4, 10.

93. Vosko & Clark, note 81, 34.

94. See, for example, Income Security, Race and Health Research Group, Working Rough, Living Poor: Employment and Income Insecurities Faced by Racialized Groups in the Black Creek Area and their Impacts on Health (Access Alliance Multicultural Health and Community Services, 2011), 36-38. Online: http://accessalliance.ca/sites/accessalliance/files/documents/Access%20Alliance_Working%20Rough%20Living%20Poor%20Final%20Report%20June%202011.pdf.

95. Block & Galabuzi, note 2, 3 and 7-12.

96. Sheila Block, Ontario’s Growing Gap: The Role of Race and Gender (Canadian Centre for Policy Alternatives, 2010), 7, Table 3 (Block, Growing Gap). Online: http://www.policyalternatives.ca/sites/default/files/uploads/publications/reports/docs/The%20Role%20of%20Race%20Ontario%20Growing%20Gap.pdf.

97. Cranford & Vosko, note 81.

98. Block, Growing Gap, note 96, 4.

99. Jenna Hennebry, “Permanently Temporary? Agricultural Migrant Workers and Their Integration in Canada” (February 2012) 26 IRPP Study 1, 15. Online: http://www.irpp.org/pubs/IRPPstudy/IRPP_Study_no26.pdf.

100. Noack & Vosko, note 4, 21.

101. Philip Kelly, Stella Park & Laura Lepper, TIEDI Analytical Report 22: Economic Recession and Immigrant Labour Market Outcomes in Canada, 2006-2011 (Toronto Immigrant Employment Data Initiative, 2011), 14. Online: http://www.yorku.ca/tiedi/doc/AnalyticalReport22.pdf; See also Craig Alexander, Derek Burleton & Francis Fong, Knocking Down Barriers Faced By New Immigrants to Canada: Fitting the Pieces Together, Special Report TD Economics (7 February 2012). Online: http://www.td.com/document/PDF/economics/special/ff0212_immigration.pdf.

102. Diane Galarneau & René Morissette, “Immigrants’ Education and Required Job Skills”, Perspectives on Labour and Income, Vol 9, No 12 (Statistics Canada, December 2008). Online: http://www.statcan.gc.ca/pub/75-001-x/2008112/pdf/10766-eng.pdf; also see Alexander, Burleton & Fong, note 101, 5-6.

103. Galarneau & Morissette, note 102, 15.

104. Block & Galabuzi, note 2, 12.

105. Gillian Creese & Brandy Wiebe, “’Survival Employment’: Gender and Deskilling Among African Immigrants in Canada” (2009, published online) International Migration; Jennifer Jihye Chun & Amanda Cheong, Immigrants and Low-Paid Work: Persistent Problems, Enduring Consequences, Working Paper Series (Metropolis British Columbia, 2011). Online: http://mbc.metropolis.net/assets/uploads/files/wp/2011/WP11-20.pdf; OCASI Submission to LCO October, 2012.

106. Creese & Wiebe, note 105, 15-16.

107. Fay Faraday, Made in Canada: How the Law Constructs Migrant Workers’ Insecurity (Toronto: Metcalf Foundation, September 2012), 80. Online: http://metcalffoundation.com/wp-content/uploads/2012/09/Made-in-Canada-Full-Report.pdf.

108. OCASI Submission to LCO October, 2012.

109. Goldring & Landolt, note 78, 30.

110. Mei Lan Fang & Elliot M Goldner, “Transitioning into the Canadian Workplace: Challenges of Immigrants and its Effects on Mental Health” (2011) 2 Canadian Journal of Humanities and Social Sciences 93.

111. Chun & Cheong, note 105, 35.

112. Chun & Cheong, note 105, 31.

113. Statistics Canada, CANISM Table 282-0106 Labour force characteristics by immigrant status of population aged 25 to 54, and by educational attainment. Online: http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/labor90aeng.htm.

114. Occupational Health and Safety Act, RSO 1990, c O.1; Expert Advisory Panel on Health and Safety, Report and
Recommendations to the Ministry of Labour (2010), 58 (Dean Report). Online: http://www.labour.gov.on.ca/english/hs/pdf/eap_report.pdf, 47-48; Agnieszka Kosny, Marni Lifshen, Ellen MacEachen, Peter Smith, Gul Joya Jafri, Cynthia Neilson, Diana Pugliese & John Shields, Delicate Dances: Immigrant Workers’ Experiences of Injury Reporting and Claim Filing (Institute for Work & Health, 2011). Online: http://www.iwh.on.ca/system/files/documents/immigrant_workers_experiences_of_injury_reporting_and_claim_filing_2011.pdf.

115. Citizenship and Immigration Canada, Preliminary tables – Permanent and temporary residents, 2011. Online: http://www.cic.gc.ca/english/resources/statistics/facts2011-preliminary/03.asp.

116. Information provided by Citizenship and Immigration Canada, December 2012 (on file with LCO).

117. Citizenship and Immigration Canada, Research Datamart, Preliminary 2011 data (on file with LCO).

118. Citizenship and Immigration Canada, note 115.

119. Citizenship and Immigration Canada annual reports to Parliament on immigration, “The Temporary Foreign Worker
Program Integrated Results-Based Management and Accountability Framework, and the Risk-Based Audit Framework”, cited in Office of the Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons, Chapter 2: Selecting Foreign Workers Under the Immigration Program (Office of the Auditor General, Fall 2009), 9. Online: http://www.oag-bvg.gc.ca/internet/docs/parl_oag_200911_02_e.pdf.

120. Human Resources and Skills Development Canada, “Table 10 (Annual): Number of temporary foreign worker positions on labour market opinion confirmations under the Seasonal Agricultural Worker Program by location of employment” in Temporary Foreign Worker Program: Labour Market Opinion (LMO Statistics) – Annual Statistics 2006-2009 (March 2010). Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/stats/annual/table10a.shtml. In 2009, of the 27,654 LMO’s issued for SAWP workers, 17,989 were issued for Ontario.

121. Information provided by the Ontario government officials, October 2012 citing Foreign Agricultural Resources Management Services (F.A.R.M.S.): 2012 Employer Information Book.

122. For program details see, for example, Maria Deanna P. Santos, Human Rights and Migrant Domestic Work (Boston: Martinus Nijhoff, 2005); Daiva K. Stasiulis & Abigail B. Bakan, Negotiating Citizenship: Migrant Women in Canada and the Global System (Toronto: University of Toronto Press, 2005); Agnes Calliste, “Canada’s Immigration Policy and Domestics From the Caribbean: The Second Domestic Scheme” in Jesse Vorst, et al, eds, Race, Class, Gender: Bonds and Barriers, 2nd rev ed (Toronto: Garamond Press, 1991), 136. There have recently been changes to the requirements live-in caregivers must meet to apply for permanent residence status, see: Citizenship and Immigration Canada, Live-in Caregivers (15 October 2012). Online: http://www.cic.gc.ca/english/work/caregiver/index.asp. The live-in caregiver program’s permanent residence/citizenship track has been called “good practice” by the International Labour Office in its report on a rights-based approach to labour migration: International Labour Office, International Labour Migration: A Rights-Based Approach (International Labour Office, 2010), 93. Online: http://www.ilo.org/public/libdoc/ilo/2010/110B09_59_engl.pdf. See also Sandra Elgersma, Temporary Foreign Workers (Library of Parliament, September 2007). Online: http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0711-e.pdf.

123. Human Resources and Skills Development Canada, Temporary Foreign Worker Program: Application Forms and Contracts. Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_forms.shtml. Consultation meeting with the Foreign Agricultural Resource Management Services (F.A.R.M.S.), the Labour Issues Coordinating Committee and CanAg Travel (17 January 2012) Mississauga, Ontario. All three programs are described in detail in Faraday, note 107.

124. Citizenship and Immigration Canada, News Release, “Economic Growth and Prosperity the Focus of Immigration Changes” (20 April 2012). Online: http://www.cic.gc.ca/english/department/media/releases/2012/2012-04-20.asp.

125. SAWP has its own contracts. NOC C and D (and live-in caregivers) contracts now include standardized terms covering wages, accommodation, benefits, hours of work, duties, vacation and sick leave entitlements. They require that health care insurance be provided at the employer’s expense until the worker is eligible for provincial health care coverage and one week termination notice must be given to workers who have worked for longer than three months. Recruitment fees are prohibited and transportation costs must be covered by employers and, unlike SAWP, which allows some recovery, transportation costs may not be recovered from the worker. The contract makes clear that terms are subject to provincial employment and health and safety standards.

126. Employers are required to provide appropriate housing (at a cost and in accordance with guidelines), a Record of Employment must be prepared and chemical and pesticide safety equipment must be provided at the employer’s expense.

127. Human Resources and Skills Development Canada, Temporary Foreign Worker Program: New Wage Structure (25 April 2012). Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/wage.shtml.

128. Hennebry, note 99, 5; Consultation meeting with the Foreign Agricultural Resource Management Services (F.A.R.M.S.), the Labour Issues Coordinating Committee (17 January 2012).

129. Faraday, note 107, 74-75.

130. Migrant Workers’ Alliance for Change Submission to LCO, October 9, 2012. Best practices include active  involvement of farm employers in program design and administration; government-to-government negotiation of operational requirements in Memoranda of Understanding (“MOU”) with the workers’ individual countries of origin; the home country’s involvement in recruitment and monitoring of workers in Canada; and health insurance coverage. Philip
Martin, Towards Effective Temporary Worker Programs: Issues and Challenges in Industrial Countries, International Migration Programme, International Migration Papers 89 (International Labour Office, 2007), 47 (Martin, Towards Effective). Online: http://www.ilo.org/public/english/protection/migrant/download/tempworkers_martin_en.pdf. SAWP employers are required to purchase supplementary extended medical and dental plans for workers and provide free accommodation.

131. Philip Martin, Managing Labor Migration: Temporary Worker Programs for the 21st Century (International Labour Organization – International Institute for Labour Studies, 2003), 41. Online: http://www.un.org/esa/population/migration/turin/symposium_Turin_files/P07_Martin.pdf

132. Workers say that the major benefits of coming to Canada are higher incomes for their families and better schooling for their children; some workers who had been in the program for over a decade had children who had become professionals. Workers earned an average C$9,100 in 2002 and, after deductions of 20 percent, had net earnings of $7,300. If they stayed in Mexico, the workers said they would have earned C$900 for the same seasonal work. Martin, Towards Effective Temporary Worker Programs, note 130, 45.

133. Hennebry, note 99; Jenna Hennebry & Kerry Preibisch, “Temporary migration, chronic effects: the health of international migrant workers in Canada,” (14 June 14 2011) 183:9 CMAJ 1033. Online: http://www.ecmaj.ca/content/183/9/1033.short; “Vulnerabilities of female migrant farmworkers from Latin America and the Caribbean in Canada”, (Policy Brief, April 2011). Online: http://www.justicia4migrantworkers.org/ontario/pdf/Labour_Mobility_Encalada_Vulnerabilities_of_female_migrant_farm_workers_from_Latin_America_and_the_Caribbean_in_Canada_April_2011_e.pdf; See also Faraday, note 107, 80.

134. Jenna Hennebry, note 99; Janet McLaughlin & Jenna L. Hennebry, “Backgrounder on Health and Safety for  Migrant Farmworkers”, IMRC Policy Points, No 1 (Waterloo: International Migration Research Centre, 2010), 5. Online:
http://www.wlu.ca/documents/44258/IMRC_Policy_Points_Issue_I_-_Migrant_Farmworker_Health.pdf; Faraday, note 107.

135. See for example: Human Resources and Skills Development Canada, Agreement For The Employment In Canada Of Commonwealth Caribbean Seasonal Agricultural Workers – 2013. Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/contracts-forms/sawpcc2013.shtml.

136. Consultation meeting with NMWIG (9 May 2011); Consultation meeting with SAWP Workers.

137. Consultation meeting with Dignidad Obrera Agricola Migrante (8 May 2011); Consultation meeting with SAWP Workers and Agriculture Workers Alliance (AWA) Centre.

138. Goldring & Landolt, note 78, 30.

139. Faraday, note 107, 16; Goldring & Landolt, note 78, 30; Migrant Workers Alliance for Change Submission, October 9, 2012 and Consultation, Toronto, September 22, 2012; Migrant Workers Alliance for Change (MWAC) is a coalition of: ASAAP, ACAS, Canadian Auto Workers, Caregivers Action Centre, IAVGO, Justicia for Migrant Workers, KAIROS, Migrante-Ontario, No One Is Illegal-Ontario, Parkdale Community Legal Services, Social Planning Toronto, United Food and Commercial Workers, Workers’ Action Centre.

140. Ministry of Aboriginal Affairs, Aboriginal People in Central Ontario (28 May 2012). Online: http://www.aboriginalaffairs.gov.on.ca/english/services/datasheets/central.asp#0.

141. Statistics Canada, Highlights from Aboriginal People and the Labour Market: Estimates from the Labour Force Survey, 2008-2010. Online: http://www.statcan.gc.ca/pub/71-588-x/2011003/aftertoc-aprestdm1-eng.htm; Statistics Canada, Aboriginal People and the Labour Market: Estimates from the Labour Force Survey, 2008-2010. Online: http://www.statcan.gc.ca/pub/71-588-x/2011003/part-partie1-eng.htm.

142. Ontario, Commission on the Reform of Ontario’s Public Services, Public Services for Ontarians: A Path to Sustainability and Excellence (2012), 128 (Recommendations 3-11) (Drummond Report). Online: http://www.fin.gov.on.ca/en/reformcommission/chapters/report.pdf.

143. Drummond Report, note 142, 468.

144. Law Commission of Ontario, A Framework for the Law as It Affects Persons with Disabilities, note 80. It is important to recognize that persons with disabilities are a diverse group with a wide range of abilities and needs. An individual’s experience in the labour market will vary depending on the type and severity of their disability and other aspects of their social location which cause them to be vulnerable.

145. Statistics Canada, Social and Aboriginal Statistics Division, Participation and Activity Limitation Survey 2006: Labour Force Experience of People with Disabilities in Canada (2008), 7-9. Online: http://www.statcan.gc.ca/pub/89-628-x/89-628-x2008007-eng.pdf.

146. Emile Tompa, et al, “Precarious Employment and People with Disabilities” in Vosko, ed, Precarious Employment, note 1, 90 and 110.

147. Tompa, et al, note 146, 112.

148. Statistics Canada, Social and Aboriginal Statistics Division, Participation and Activity Limitation Survey, 2006: Tables (Part V) (2008), 14. Online: http://www.statcan.gc.ca/pub/89-628-x/89-628-x2008011-eng.pdf.

149. Tompa, et al, note 146, 100.

150. Tompa, et al, note 146, 114.

151. Accessibility for Ontarians with Disabilities Act, 2005, SO 2005, c. 11; Integrated Accessibility Standards, O. Reg. 191/11, ss. 22, 23, 28,29.

152. Comments by Ontario Government officials, October, 2012.

153. Francis Fong, The Plight of Younger Workers, Observation TD Economics (8 March 2012). Online: http://www.td.com/document/PDF/economics/special/ff0312_younger_workers.pdf.

154. Ontario Ministry of Training, Colleges and Universities, Labour Market Information & Research (August 2012) (Ontario Ministry of Training, Colleges and Universities, Labour Market Information). Online: http://www.tcu.gov.on.ca/eng/labourmarket/currenttrends/docs/monthly/201208.pdf. Ontario Ministry of Training, Colleges and Universities, Labour Market Information & Research (April 2012) (Ontario Ministry of Training, Colleges and Universities, Labour Market Information). Online: http://www.tcu.gov.on.ca/eng/labourmarket/currenttrends/docs/monthly/201204.pdf.

155. Standing, note 15, 16.

156. Ontario Ministry of Training, Colleges and University, Labour Market Information, note 154.

157. Diane Galarneau, “Earnings of Temporary Versus Permanent Employees”, Perspectives on Labour and Income, Vol 6, No 1 (Statistics Canada, January 2005), 7 and 9 (Galarneau, “Earnings of Temporary Versus Permanent Employees”). Online: http://www.statcan.gc.ca/pub/75-001-x/10105/7761-eng.pdf.

158. Katherine Marshall, “Employment Patterns of Post-Secondary Students”, Perspectives on Labour and Income, Vol
11, No 9 (Statistics Canada, September 2010). Online: http://action.web.ca/home/narcc/attach/Migrant%20Workers%20in%20Ontario-%20Growing%20the%20food%20we%20eat.pdf.

159. Submission to LCO by Andrew K. Langille, Barrister & Solicitor, October 1, 2012.

160. CAW Submission to LCO October, 2012.

161. Ontario Ministry of Labour, Injuries at Work. Online: http://www.worksmartontario.gov.on.ca/scripts/default.asp?contentID=2-5-3&mcategory=health.

162. F. Curtis Breslin, Peter Smith, Mieke Koehoorn & Hyunmi Lee, “Is the Workplace Becoming Safer?”, Perspectives on Labour and Income, Vol 7 No 7 (Statistics Canada, June 2006), 21. Online: http://www.statcan.gc.ca/pub/75-001-x/10706/9271-eng.pdf.

163. John Sammut, “Young Workers: What Factors Put Young Workers at Risk?”, Construction Safety Magazine, Special Issue 2. Online: http://www.csao.org/images/pfiles/280_YoungWorkers.pdf.

164. See Ontario Ministry of Labour, Young Workers. Online: http://www.labour.gov.on.ca/english/atwork/youngworkers.php.

165. Dean Report, note 114, 46; Ontario Ministry of Labour, Blitz Results: New and Young Workers (December 2011). Online: http://www.labour.gov.on.ca/english/hs/sawo/blitzes/blitz_report29.php.

166. Vosko, et al, note 4, 33.

167. See Block, Work and Health, note 31, 4; Wayne Lewchuk, Alice De Wolff, Andy King & Michael Polanyi, “The Hidden Costs of Precarious Employment: Health and the Employment Relationship” in Vosko, ed, Precarious Employment, note 1, 141. Kerry Preibisch, “The Second Generation of Permanently Temporary Workers” (Presentation at Permanently Temporary: Temporary Foreign Workers and Canada’s Changing Attitude to Citizenship and Immigration Community Research Symposium, 4 February 2010), 14. Online: http://ceris.metropolis.net/Virtual%20Library/other/PermanentlyTemporary.pdf; Sirena Lilidrie, Do Not Disturb/Please Clean Room: The Invisible Work and Real Pain of Hotel Housekeepers in the GTA (MA Major Research paper, Ryerson University 2008). Online: http://ceris.metropolis.net/Virtual%20Library/other/PermanentlyTemporary.pdf.

168. Commission on Social Determinants of Health, Closing the gap in a generation: health equity through action on the social determinants of health: Final Report of the Commission on Social Determinants of Health (World Health Organization, 2008), 80. Online: http://whqlibdoc.who.int/publications/2008/9789241563703_eng.pdf.

169. Heather Scott-Marshall & Emile Tompa, “The Health Consequences of Precarious Employment Experiences” (2011) 38 Work 369. Institute for Work & Health, New Canadian immigrants face less than ideal working conditions (July 2008) (Institute for Work & Health, New Canadian Immigrants). Online: http://www.iwh.on.ca/media/2008-jul-09.

170. Institute for Work & Health, New Canadian Immigrants, note 169. Refers to the death of seasonal agricultural worker who died on a Brantford Ontario tobacco farm in August 2002; Waterloo Public Interest Research Group, Migrant Workers in Ontario: Growing the Food We Eat by Melanie Kramer (2004), 20. Online: http://action.web.ca/home/narcc/attach/Migrant%20Workers%20in%20Ontario-%20Growing%20the%20food%20we%20eat.pdf; Hennebry, note 99, 16-17.

171. Dean Report, note 114, 46; also see Kerry Preibisch & Jenna Hennebry, note 133.

172. Dean Report, note 114, 46.

173. Janet McLaughlin, “Spotlight on Research: Determinants of Health of Migrant Farm Workers in Canada”, Health  Policy Research Bulletin, No 17 (Health Canada, December 2010), 30 at 32 (McLaughlin, “Spotlight on Research”). Online: http://www.hc-sc.gc.ca/sr-sr/alt_formats/pdf/pubs/hprrpms/bull/2010-health-sante-migr-eng.pdf.

174. Janet McLaughlin, “Spotlight on Research”, note 173.

175. Law Commission of Canada, Is Work Working?: Work Laws that Do a Better Job, Discussion Paper (Law Commission of Canada, 2004), 37 (Law Commission of Canada, Is Work Working?).

176. Wayne Lewchuk, Marlea Clarke & Alice de Wolff, Working Without Commitments: The Health Effects of Precarious
Employment (Montreal & Kingston: McGill-Queen’s University Press, 2011), 255 and 261.

177. Preibisch & Hennebry, note 133, 1035.

178. Consultation meeting with workers; Consultation meeting with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario; Consultation meeting with Wayne Lewchuk and Sam
Vrankulj (21 April 2011) Toronto, Ontario; Consultation meeting with the Poverty and Employment Precarity in Southern Ontario (PEPSO) Research Alliance (17 June 2011) Toronto, Ontario.

179. Block, Work and Health, note 33.

180. Ana Maria Seifert, et al, “Precarious Employment Conditions Affect Work Content in Education and Social Work: Results of Work Analyses” (2007) 30 Int’l J L & Psychiatry 299.

181. Institute for Work & Health, “Over-Qualified Immigrants at Risk of Poorer Mental Health”, At Work 64 (Spring 2011) 5. Online: http://www.iwh.on.ca/system/files/atwork/at_work_64.pdf.

182. Consultation meeting with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario.

183. See David Little, Vulnerable Workers: The Legal Challenges (Community Legal and Advocacy Centre, October 2005); Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 33 citing Ontario Federation of Labour, Temporary Work in Ontario (2002); Laurie Monsebraaten, “Fighting for dignity on the job”, The Toronto Star (11 July 2009). Online: http://www.thestar.com/article/664487.

184. Preibisch & Hennebry, note 133, 1036; Hennebry, note 99.

185. Yi Man Ng Submission (on file with the LCO).

186. Employment Standards Act, 2000, SO 2000, c 41 s 50.

187. Comments by Ontario government officials, October, 2012.

188. Commission for the Review of Social Assistance in Ontario, A Discussion Paper: Issues and Ideas (Toronto: Commission for the Review of Social Assistance in Ontario, June 2011), 25. Online: http://www.socialassistancereview.ca/commissionpublications. See also: Frances Lankin and Munir A. Sheik, Commission for the Review of Social Assistance in Ontario, Brighter Prospects: Transforming Social Assistance in Ontario (Ontario Ministry of Community and Social Services: October 2012). Online: http://www.socialassistancereview.ca/uploads/File/COMM_Report_FinalH-t-Eng.pdf.

189. Workers’ Action Centre, Working on the Edge, note 77, 38.

190. Ron Saunders, “Making Work Pay: Findings and Recommendations” (May 2006) 6 Research Highlights 1 (CPNR’s Vulnerable Workers Series). Online: http://www.cprn.org/documents/43620_en.pdf.

191. Leah F. Vosko, The Challenge of Expanding EI Coverage: Charting Exclusions and Partial Exclusions on the Bases of Gender, Immigration Status, Age, and Place of Residence and Exploring Avenues for Inclusive Policy Redesign (Toronto Mowat Centre for Policy Innovation, 2011) (Vosko, Expanding EI Coverage). Online: http://www.mowateitaskforce.ca/sites/default/files/Vosko_1.pdf.

192. Vosko, Expanding EI Coverage, note 191, 3.

193. City of Toronto, Working As One: A Workforce Development Strategy for Toronto (2012), 9. Online: http://www.toronto.ca/socialservices//pdf/reports/WorkingAsOne.pdf.

194. Immigration and Refugee Protection Regulations, SOR 2002-227 s 212. See also Faraday, note 107, 79-80.

195. Law Commission of Ontario, A Framework for the Law as It Affects Older Adults, note 80.

196. Nathan Laurie, The Cost of Poverty (Toronto: Ontario Association of Food Banks, 2008), 4 and 14-15. Online: http://www.oafb.ca/assets/pdfs/CostofPoverty.pdf.

197 Laurie, note 196, 14. See too: Wilkinson & Pickett, note 36, 103-117.

198. Income Security, Race and Health Research Group, note 94, 61.

199. Workers’ Action Centre, Working on the Edge, note 77, 38; Andrew Jackson & Katherine Scott, Does Work Include Children? The Effects of the Labour Market on Family Income, Time and Stress, Laidlaw Working Paper Series on Social Inclusion (The Laidlaw Foundation, 2002), 16-18 and 19-21. Online: http://www.laidlawfdn.org/sites/default/files/laidlaw_publications/working_papers_social_inclusion/wpsosi_2002_may_does-work-include-children.pdf; Block, Work and Health, note 31; Wayne Lewchuk, Alice de Wolff, Andy King & Michael Polanyi, “From Job Strain to Employment Strain: Health Effects of Precarious Employment” (2003) 3 Just Labour 23. Online: http://www.justlabour.yorku.ca/volume3/pdfs/lewchuketal.pdf; Income Security, Race and Health Research Group, note 94, 61.

200. Judith K Bernhard, Luin Goldring, Julie Young, Carolina Berinstein & Beth Wilson, “Living with Precarious Legal Status in Canada: Implications for the Well-Being of Children and Families” (2007) 24:2 Refuge 101, 105-108. Online: http://pi.library.yorku.ca/ojs/index.php/refuge/article/viewFile/21388/20058.

201. Laurie, note 196, 15.

202. For a wider lens on the issues, Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13.

203. See, for example, the papers in Vosko, ed, Precarious Employment, note 1; Income Security, Race and Health Research Group, note 94; Vosko, Managing the Margins, note 69; Lewchuk, Clarke & de Wolff, note 176.

204. Law Commission of Canada, Is Work Working?, note 175.

205. Law Commission of Canada, Is Work Working?, note 175, 33.

206. Law Commission of Canada, Is Work Working?, note 175, 51-52 and 54-57.

207. Arthurs, note 13.

208. Arthurs, note 13, xv, 8 and 231.

209. Arthurs, note 13, 18.

210. Arthurs, note 13, 18-19.

211. Arthurs, note 13, 250.

212. Canadian Chamber of Commerce, Discussion Paper on the Review of Labour Standards in the Canada Labour Code (June 2009). Online: http://www.chamber.ca/images/uploads/Reports/sub-canada-labour-code0609.pdf, 3.

213. Canadian Chamber of Commerce, note 212, 4.

214. Occupational Health and Safety Act, note 114; Workplace Safety and Insurance Act, 1997, SO 1997, c 16.

215. Employment Standards Act, 2000, note 186; Occupational Health and Safety Act, note 114.

216. A more detailed introduction to the legislative regime governing employment and labour relations in Ontario is included in in Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 19-32.

217. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982 being Schedule B to the Canada Act 1982 (UK), 1982, c 11; Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624.

218. See, for example, Dunmore v. Ontario (Attorney General), 2001 SCC 94, paras 26-29 (Dunmore).

219. Labour Relations Act, 1995, SO 1995, c 1, Sched A s 3; Dunmore; Ontario (Attorney General) v. Fraser, 2011 SCC 20 (Fraser).

220. Human Rights Code, RSO 1990, c H.19 s 5(1): “Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.”

221. Ontario Human Rights Commission, Human Rights at Work, 2008, 3d ed (Toronto: Ontario Human Rights Commission, 2008) (Ontario Human Rights Commission, Human Rights at Work). Online: http://www.ohrc.on.ca/en/human-rightswork-2008-third-edition.

222. Human Rights Code, note 220 ss 11, 24.

223. Human Rights Code, note 220 s 8.

224. Occupational Health and Safety Act, note 114 s 50(1); Employment Standards Act, 2000, note 186 s 74(1).

225. Ontario Human Rights Commission, Human Rights at Work, note 221; Health Services and Support – Facilities Subsector Bargaining Assn v. British Columbia, 2007 SCC 27 (Health Services), para 69; Dunmore, note 218, 27.

226. International Covenant on Economic, Social and Cultural Rights, 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976, accession by Canada 19 May 1976) (ICESCR). Online: http://www2.ohchr.org/english/law/cescr.htm; International Covenant on Civil and Political Rights, 16 December 1966, 999 UNTS 171, Can TS 1976 No 47, 6 ILM 368 (entered into force 23 March 1976, accession by Canada 19 May 1976); International Labour Organization, “Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)” in International Labour Office, The International Labour Organization’s Fundamental Conventions (2003) (Convention No 87). Online: http://www.ilo.org/wcmsp5/groups/public/—-ed_norm/—-declaration/documents/publication/wcms_095895.pdf.

227. Health Services, note 225, para 78. (Emphasis in original).

228. Fraser, note 219, 91-97.

229. ICESCR, note 226 art 6.

230. ICESCR, note 226 art 7.

231. ICESCR, note 226 art 8.

232. ICESCR, note 226 art 28 (“The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.”). The Ontario Human Rights Commission explains that “the ICESCR is binding on the federal government and each of the provinces and territories, and rights that are within provincial competence are the obligation of the provincial and territorial governments”; Ontario Human Rights Commission, Social, Cultural and Economic Rights Under International Law: Research Paper, Policy and Education Branch. Online: http://www.ohrc.on.ca/sites/default/files/attachments/Human_rights_commissions_and_economic_and_social_rights.pdf.

233. See the also Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 46-47.

234. Convention No 87, note 226 part I art 2.

235. Convention No 87, note 226 part II art 11.

236. Health Services, note 225, para 71.

237. Convention (No 98) Concerning the Application of the Principles of the Right to Organise and Bargain Collectively, 1 July 1949, 96 UNTS 257 (entered into force: 18 July 1951).

238. See Judy Fudge, The Precarious Migrant Status and Precarious Employment: The Paradox of International Rights for Migrant Workers, Working Paper Series No 11-15 (Metropolis British Columbia, 2011). Online: http://www.mbc.metropolis.net/assets/uploads/files/wp/2011/WP11-15.pdf.

239. Dunmore, note 218, para 27.

240. Government of Ontario, Breaking the Cycle: Ontario’s Poverty Reduction Strategy (Toronto: Ministry of Children and Youth Services, December 2008). Online: http://www.children.gov.on.ca/htdocs/English/breakingthecycle/index.aspx.

241. Poverty Reduction Act, 2009, SO 2009, c 10 preamble.

242. Poverty Reduction Act, 2009, note 241 preamble.

243. Poverty Reduction Act, 2009, note 241 s 2(2)1.

244. Poverty Reduction Act, 2009, note 241 s 2(2)3.

245. Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009, SO 2009, c 32; Employment Standards Amendment Act (Temporary Help Agencies), 2009, SO 2009, c 9.

246. Commission for the Review of Social Assistance in Ontario, note 188.

247. Commission for the Review of Social Assistance in Ontario, News Release, “Prospects report charts course to transform social assistance” (24 October 2012). Online: http://www.socialassistancereview.ca/final-report.

248. Ontario Ministry of Labour, News Release, “Protecting Vulnerable Workers” (8 June 2012). Online: http://news.ontario.ca/mol/en/2012/06/protecting-vulnerableworkers.html.

249. Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), SOR/2010-172. Online: http://gazette.gc.ca/rp-pr/p2/2010/2010-08-18/html/sor-dors172-eng.html. These protections are more fully discussed in Chapter III under the segment “Employment Legislation Protecting Temporary Foreign Workers”.

250. Employment Standards Act, 2000, note 186.

251. Employment Standards Act, SO 1968, c 35.

252. Vosko, et al, note 4, 8-9.

253. Ontario, Legislative Assembly, Official Report of Debates (Hansard), 38th Parl, 1st Sess (1 December 2003) (Hon Alvin Curling, Speaker). Online: http://www.ontla.on.ca/web/house-proceedings/house_detail.do?Date=2003-12-01&Parl=38&Sess=1&locale=en#P175_26881; Exemptions Special Rules and Establishment of Minimum Wage, O. Reg.285/01; Vosko, et al, note 4, 10.

254. Ontario, Legislative Assembly, Official Report of Debates (Hansard), 36th Parl, 1st Sess (6 June 1996) (Hon John Baird). Online: http://www.ontla.on.ca/web/houseproceedings/house_detail.do?Date=1996-10-17&Parl=36&Sess=1&locale=en#P1122_330982; Ontario Legislative Assembly, Official Report of Debates (Hansard), 36th Parl, 1st Sess (6 June 1996) (Hon John O’Toole). Online: http://www.ontla.on.ca/web/house-proceedings/house_detail.do?Date=1996-06-06&Parl=36&Sess=1&locale=en#P735_214233.

255. Employment Standards Act, 2000, note 186.

256. Employment Standards Amendment Act (Temporary Help Agencies), note 245.

257. O.Reg. 397/09.

258. Open for Business Act, 2010, SO 2010, c 16.

259. Vosko et al, note 4.

260. Vosko, et al, note 4, 17-18 ; Workers’ Action Centre, Working on the Edge, note 77, 56-57.

261. Canada Labour Code, RS, c L-1 s 1.

262. Arthurs, note 13, 80.

263. Notes for an Address by the Hon Dalton Bales, QC, Minister of Labour for Ontario, During 2nd Reading of The Employment Standards Act, 1968 (31 May 1968), Toronto, Archives of Ontario (Ministry of Labour, Minister, Correspondence, File 7-1-0-1407.2, box 47).

264. Arthurs, note 13, 30.

265. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 38-39.

266. Noack & Vosko, note 4, 4.

267. Comments by Ontario government officials, October, 2012. The Ontario government’s response states: “The role of employment standards is to ensure that an employer does not exploit an employee in that relationship. But an employer cannot be responsible for the totality of an employee’s circumstances (e.g., that he or she works at multiple jobs and, as a result, has long hours overall) … the report expresses concern about qualifying periods for vacations, termination notice and severance pay under the ESA, mentioning that the size of the business an employee works for is a factor in qualifying for severance pay. These entitlements, however, are not intended to apply to all employees equally, for the reasons that follow:

• There are minimum periods that are considered reasonable for an employee to work for an employer before being entitled to vacation time (12 months), notice of termination (three months), and severance pay (five years).
• Although there is a length of service threshold for vacation time, employers are required to pay vacation pay as a percentage of all wages earned; there is no minimum length of tenure for this aspect of the vacation standard.
• Notice of termination is provided to give an employee time to adjust to an unexpected loss of employment. An employee does not typically have an expectation of stability in their work in the first few months of employment.
• The rationale for severance pay is different than for notice of termination/termination pay. It provides compensation for the loss of seniority rights, human capital investment, etc., of a long-standing job. The rationale for making the size of the business a factor in the standard is the employer’s ability to pay severance. It should be noted that Ontario is the only province/territory in Canada that has a legislated requirement for severance pay.”

268. Employment Standards Amendment Act (Temporary Help Agencies), note 245; O. Reg. 397/09, note 257.

269. Workers’ Action Centre, Working on the Edge, note 77, 49.

270. Metro Toronto Chinese & Southeast Asian Legal Clinic Submission, October 1, 2012.

271. Occupational Health and Safety Act, note 114 s 4.1(2).

272. Statistics Canada, Table 2 Rate of employees working for minimum wage or less, by province. Online: http://www.statcan.gc.ca/pub/75-001-x/tables-tableaux/topics-sujets/minimumwage-salaireminimum/2009/tbl02-eng.htm.

273. Adam Ozimek, “Why Conservatives Should Support the Minimum Wage” (Forbes Magazine: 25 July 2012). Online: http://www.forbes.com/sites/modeledbehavior/2012/07/25/why-conservatives-should-support-the-minimum-wage/.

274. On January 1, 2004 Ontario’s minimum wage was $6.85, see Ontario Ministry of Labour, Backgrounder: Ontario’s Minimum Wage Increases 2007 To 2010. Online: http://www.labour.gov.on.ca/english/news/pdf/2007/07-85b.pdf.

275. Ontario Ministry of Labour, 2011 Minimum Wage Rate Set – Highest of Canadian Provinces: McGuinty Government Striking the Right Balance (11 February 2011). Online: http://news.ontario.ca/mol/en/2011/02/2011-minimumwage-rate-set—-highest-of-canadian-provinces.html.

276. Ontario Chamber of Commerce, Media Release, “Ministry of Labour Adopts Ontario Chamber of Commerce Recommendation on Minimum Wage Panel” (11 February 2011). Online: http://occ.on.ca/2011/ministry-of-labouradopts-ontario-chamber-of-commerce-recommendation-on-minimum-wage-panel.

277. Workers’ Action Centre, Working on the Edge, note 77, 68.

278. Marilyn Braun-Pollon, Amelia DeMarco & Queenie Wong, Minimum Wage: Reframing the Debate (Canadian Federation of Independent Business, 2011), 18. Online: http://www.cfib-fcei.ca/cfib-documents/rr3216.pdf.

279. Braun-Pollon, DeMarco & Wong, note 278, 5.

280. Arthurs, note 13, 238.

281. Arthurs, note 13, 238.

282. Vosko & Clark, note 81, 32-33.

283. Noack & Vosko, note 4, 19-20.

284. Mark Bell, “Achieving the objectives of the part-time work Directive? Revisiting the part-time workers regulations”, (2011), Industrial Law Journal 40(3): 254-279.

285. Mark Bell, note 284, 254-279.

286. Arthurs, note 13, 241.

287. CAW Submission to LCO’s Interim Report. October, 2012.

288. The Commission for the Review of Social Assistance in Ontario, note 188, 83.

289. Australian Industry Group, “Removing Barriers to Productivity and Flexibility – Supplementary Submission to the Fair Work Act Review” (March 2012) 9 -10. Online: http://www.aigroup.com.au/portal/binary/com.epicentric.contentmanagement.servlet.ContentDeliveryServlet/LIVE_CONTENT/Policy%2520and%2520Representation/Submissions/Workplace%2520Relations/2012/FW_Act_Review_March12_Supplementary_FINAL.pdf.

290. Ontario Ministry of Labour “Personal Emergency Leave” in Your Guide to the Employment Standards Act, 2000 (Ministry of Labour, 2009), 70. Online: http://www.labour.gov.on.ca/english/es/pdf/es_guide.pdf.

291. Comments by Ontario government officials, October 2012.

292. Employment Standards Act 2000: Policy and Interpretation Manual, vol 1 (Scarborough: Carswell, 2001), 18-10 (Employment Standards Manual Vol 1).

293. Consultation with Chinese Interagency Network of Greater Toronto Labour Committee (6 May 2011) Toronto, Ontario. The Network is comprised of 10 agencies: Central Toronto Community Health Centre, Centre of Information and Community Services, Chinese Canadian National Council Toronto Chapter, Injured Workers’ Consultants, Labour Community Services, Metro Toronto Chinese and Southeast Asian Legal Clinic, St. Stephen’s Community House, WoodGreen Community Services, Workers’ Action Centre and Working Women Community Centre.

294. Consultation with Labour Issues Coordinating Committee (6 May 2011) Toronto, Ontario/Flowers Canada-Ontario (17 April 2012).

295. Employment Standards Act, RSPEI 1988, c E-6.2 s 23(1).

296. Arthurs, note 13, 240.

297. Arthurs, note 13, xiv.

298. Consultation meeting with the Ministry of Labour (MOL) (20 July 2011); Consultation meeting with Canadian Manufacturing and Exporters (CME) (11 May 2011); Consultation meeting with workers; Consultation meeting with service providers (13 April 2011); Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011); Consultation meeting with the Agriculture Workers Alliance (AWA); Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011); Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission (on file with the LCO); David J Doorey, Improving Employment Standards Compliance: Institutional Learning and the Dual Regulatory Stream (21 March 2011), 3, 5. Online: http://ssrn.com/abstract=1791815.

299. Workers’ Action Centre, Working on the Edge, note 77, 69.

300. Labour Issues Coordinating Committee Submission, October 1, 2012.

301. Metro Toronto Chinese & Southeast Asian Legal Clinic Submission, October 1, 2012.

302. Chinese Interagency Network of Greater Toronto, Submission to LCO, October, 2012.

303. For example, Vosko, et al, note 4, 105; Workers’ Action Centre, Taking Action Against Wage Theft: Recommendations for Change (Workers Action Centre, May 2011) (Workers’ Action Centre, Taking Action). Online: http://www.workersactioncentre.org/wp-content/uploads/2011/12/pb_wtrecsforchange_eng.pdf; Canadian Auto Workers Submission to the LCO October, 2012.

304. For example, Vosko, et al, note 4, 71; Workers’ Action Centre, Taking Action, note 273; New York State Department of Labor Press Release, Labor Department Initiative Empowers Ordinary People to Join the Fight Against Wage Theft (26 January 2009). Online: http://www.labor.ny.gov/pressreleases/2009/Jan26_2009.htm.

305. US, Senate Committee on Health, Education, Labor and Pensions, 111th Congr, Ranking Member Report: The Nomination of M. Patricia Smith of New York, Nominee to Serve as Solicitor of Labor, U.S. Department of Labor: Accuracy of Senate Testimony (1 February 2010). Online: http://www.help.senate.gov/newsroom/press/release/?id=36ce7cc0-a29b-4482-ac85-a17ac37fc062.

306. Drummond Report, note 142, 128 (Recommendations 3-11).

307. Comments by Ontario government officials, October 2012.

308. Arthurs, note 13, 81.

309. Employment Standards Act, 2000, note 186, s 74.6 (1).

310. Vosko, et al, note 4, 31.

311. Arthurs, note 13, 80.

312. Arthurs, see note 13, 53.

313. Ontario Ministry of Labour, “Education, Outreach and Partnership” (October 2011). Online: http://www.labour.gov.on.ca/english/es/eop/index.php.

314. Ontario Ministry of Labour, Bulletin, “Know Your Employment Rights-in Your Language: Ministry of Labour Protects Vulnerable Workers” (30 June 2012). Online: http://www.labour.gov.on.ca/english/news/2012/nr_esrights20120730.php.

315. Vosko, et al, note 4, 15.

316. Comments by Ontario Government officials, October 2012.

317. Doorey, note 298, 3, 5.

318. Chinese Interagency Network of Greater Toronto, Submission to LCO, October, 2012.

319. Consultation meeting with the Caregivers’ Action Centre (28 February 2011); Consultation meeting with Niagara Migrant Workers Interest Group (9 May 2011) Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011.)

320. Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto.

321. Consultation meeting, Migrant Workers Alliance for Change, September 22, 2012.

322. Consultation meeting with workers; Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011) Toronto, Ontario; Consultation meeting with the Ontario Federation of Labour and Canadian Auto Workers (5 April 2011) Toronto, Ontario; Submissions to LCO (on file with LCO); Consultation meeting with the Caregivers’ Action Centre (28 February 2011) Toronto, Ontario; Consultation meeting with the Agriculture Workers Alliance.

323. Consultation meeting with workers.

324. Chinese Interagency Network of Greater Toronto, Submission, October 1, 2012 (on file with LCO).

325. Ontario Ministry of Labour, Investigations and Inspection Statistics (June 2009). Online: http://www.labour.gov.on.ca/english/es/pubs/enforcement/investigations.php.

326. Vosko, et al, note 4, 30.
 
327. Workers’ Action Centre, Working on the Edge, note 77, 46.

328. Vosko, et al, note 4, 30.

329. Vosko, et al, note 4, 31.

330. Vosko et al, note 4, 31.

331. Workers’ Action Centre, Working on the Edge, note 77, 70, citing Office of the Auditor General of Ontario, 2004 Annual Report (2004), 240 (Office of the Auditor General of Ontario, 2004 Annual Report). Online: http://www.auditor.on.ca/en/reports_en/en04/309en04.pdf.

332. Vosko, et al, note 4, 26.

333. Arthurs, note 13, 212-213.

334. Vosko, et al, note 4, 81.

335. Vosko, et al, note 4, 55-56.

336. Arthurs, note 13, 53-54.

337. Arthurs, note 13, 213.

338. Vosko, et al, note 4, 72 citing Eric Tucker, “Old Lessons for New Governance: Safety or Profit and the New Conventional Wisdom” (Paper delivered at the Theo Nichols Conference “Safety or Profit”, Cardiff University, 11 January 2011), 17; Consultation meeting with the Caregivers’ Action Centre (28 February 2011) Toronto, Ontario; Consultation meeting with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario; Consultation meeting with Wayne Lewchuk and Sam Vrankulj (21 April 2011) Toronto, Ontario; Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission (on file with the LCO).

339. Vosko, et al, note 4, 15.

340. Open for Business Act, note 258, Schedule 9 s 1(3).

341. Employment Standards Act 2000: Policy and Interpretation Manual, vol 2 (Scarborough: Carswell, 2001), 26-7; The Ministry of Labour’s website states: “If you have not already tried to contact your employer, you will generally need to do so before your claim will be investigated.” Ontario Ministry of Labour, Steps to Filing a Claim (January 2011). Online: http://www.labour.gov.on.ca/english/es/pubs/start/index.php#steps.

342. Ontario Ministry of Labour, Filing an Employment Standards Claim (January 2011). Online: http://www.labour.gov.on.ca/english/es/pubs/guide/esclaim.php.

343. Colour of Poverty Campaign and Metro Chinese and Southeast Asian Legal Clinic, Joint Submission to the Law Commission of Ontario Concerning Vulnerable Workers and Precarious Work (on file with the LCO).

344. Ontario Ministry of Economic Development and Innovation, Proposed Open For Business Act (17 May 2010). Online: http://news.ontario.ca/medt/en/2010/05/proposed-openfor-business-act.html; Whitten & Lubin, Open for Business Act, Open for Criticism (20 January 2011). Online: http://blog.toronto-employmentlawyer.com/open-forbusiness-act-open-for-criticism; Canadian HR Reporter, Ontario bill creates barriers to ESA complaints: Workers’ advocates (5 August 2010). Online: http://www.hrreporter.com/articleprint.aspx?articleid=8114.

345. Comments by Ontario government officials, October, 2012.

346. Drummond Report, note 142, 127 (Recommendations 3-9).

347. Consultation meeting with service providers (13 April 2011) Belleville, Ontario; Colour of Poverty Campaign and Metro Chinese and Southeast Asian Legal Clinic, Joint Submission to the Law Commission of Ontario Concerning Vulnerable Workers and Precarious Work (on file with the LCO).

348. Information provided by the Ministry of Labour, October, 2012.

349. Vosko, et al, note 4, 18, 62 and 104.

350. Workers’ Action Centre, Working on the Edge, note 77, 74; Vosko, et al, note 4, 106.

351. Doorey, note 298, 8.

352. Office of the Worker Adviser Submission to the LCO September, 2012.

353. Employment Standards Act 2000: Policy and Interpretation Manual, Vol 2, note 341, c 26-110.

354. Ontario Legislative Assembly, Official Report of Debates (Hansard), 36th Parl, 1st Sess (6 June 1996) (Hon John O’Toole). Online: http://www.ontla.on.ca/web/houseproceedings/house_detail.do?Date=1996-06-06&Parl=36&Sess=1&locale=en#P735_214233.

355. Vosko, et al, note 4, 36.

356. Vosko, et al, note 4, 33.

357. Mark P. Thomas, Regulating Flexibility: The Political Economy of Employment Standards (Montreal & Kingston: McGill-Queen’s University Press, 2009) 131-132.; Vosko, et al, note 4, 36; Some advocates suggest there should be no cap, CAW Submission, October 4, 2012.

358. Doorey, note 298, 3. Emphasis in original.

359. Office of the Auditor General of Ontario, “Employment Rights and Responsibilities Program” in Office of the Auditor General of Ontario, 2004 Annual Report, note 331, 239.

360. Vosko, et al, note 4, 106.

361. Comments by Ontario government officials, October 2012.

362. Comments by Ontario government officials, October 2012.

363. LICC Submission, October 1, 2012.

364. Workers’ Action Centre, Working on the Edge, note 77, 70.

365. LICC Submission, October 1, 2012.

366. Office of the Auditor General of Ontario, “Employment Rights and Responsibilities Program” in 2006 Annual Report (2006), 309 (Office of the Auditor General, 2006 Annual Report). Online: http://www.auditor.on.ca/en/reports_en/en06/409en06.pdf.

367. Ontario Ministry of Labour, Enforcement Data (on file with LCO).

368. Ontario Ministry of Labour, Business Service Standards: Employment Standards (April 2011). Online: http://www.labour.gov.on.ca/english/about/ss_business.php.

369. Vosko, et al, note 4, 63 citing David Weil, “A Strategic Approach to Labour Inspection”, International Labour Review 147(4):(2008) at 349-375 and David Weil, “Rethinking the Regulation of Vulnerable Work in the USA: A Sector-based Approach”, The Journal of Industrial Relations 51(3) (2009) 411.

370. Vosko, et al, note 4, 64; This strategy was employed by the Ministry of Labour in its enforcement blitzes in the aftermath of the deaths of four migrant workers who fell from scaffolding on 24 December 2009.

371. Consultation meetings with migrant and other workers; consultation meeting with Migrant Workers Alliance for Change and the Canadian Auto Workers (CAW) (1 March 2011) Toronto, Ontario; Consultation meetings with Niagara Migrant Workers Interest Group (30 March 2011) St. Catharines, Ontario, (9 May 2011) Niagara-on-the-Lake, Ontario; Consultation meeting with Agricultural Workers Alliance.

372. Chinese Interagency Network of Greater Toronto, Submission to LCO October 1, 2012.

373. Office of the Auditor General, 2004 Annual Report, note 331, 242.

374. Office of the Auditor General, 2006 Annual Report, note 366, 309-310.

375. Comments by Ontario government officials, October 2012; Data provided by the Ministry of Labour, October 2012 (on file with LCO).

376. Data provided by the Ministry of Labour, October 2012 (on file with LCO).

377. Provincial Offences Act, RSO 1990, c P 33 (POA).

378. See Law Commission of Ontario, Modernization of the Provincial Offences Act (2011), 16-17. Online: http://www.lco-cdo.org/POA-Final-Report.pdf. Part I proceedings under the POA are commenced by way of a certificate of offence. For these offences, “the provincial offences officer has elected to proceed by way of a less formal ticketing process, rather than compel the person’s attendance in court through the Part III mechanism… The maximum fine is $1,000 and imprisonment is not a permitted penalty.” Proceedings under Part III of the POA are commenced by swearing of an information before a justice and are used for more serious provincial offences. “The decision whether to prosecute under Part I or Part III often rests with the police officer or provincial offences officer. That decision will depend upon the nature of the offence and the public interest that may demand higher penalties… The decision to charge under Part III may also depend on the circumstances or consequences of the commission of the offence.” (17).

379. Workers’ Action Centre, Working on the Edge, note 77, 59.

380. Arthurs, note 13, 196; Office of the Auditor General of Ontario, 2004 Annual Report, note 331, 244-245.

381. Vosko, et al, note 4, 104-105.

382. Consultation meeting with service providers (13 April 2011) Belleville, Ontario; Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission (on file with the LCO).

383. Data provided by Ontario Ministry of Labour (on file with LCO).

384. Anil Verma, The Role of Employee Voice in Obtaining Better Labour Standards (Federal Labour Standards Review, 2006), 3. Online: http://www.hrsdc.gc.ca/eng/labour/employment_standards/fls/pdf/research19.pdf.

385. Occupational Health and Safety Act, note 114.

386. Roy Adams, Industrial Relations Under Liberal Democracy: North America in Comparative Perspective (Columbia: University of South Carolina Press, 1995), excerpted in The Labour Law Casebook Group, Labour & Employment Law: Cases, Materials and Commentary, 7th ed (Toronto: Irwin Law, 2004), 388.

387. Adams, note 386, 390.

388. Verma, note 384, 26.

389. Adams, note 386, 390.

390. Verma, note 384, 26.

391. Verma, note 384, 27-29.

392. Comments by Ontario government officials, October 2012.

393. Workers Action Centre/Parkdale Community Legal Services, Submission to LCO, October, 2012.

394. CAW Submission to LCO, October, 2012.

395. In its response to the LCO, the CAW made the following point: “The public image of a CAW member in Ontario may be one of a full-time male employee earning above-average  wages. That image is outdated and inaccurate. Over the past decades, our membership has grown and it has diversified. Today, our union represents workers in 17 major economic sectors across the country, including in excess of 20,000 hospital and medical service employees and thousands more in the province’s retail and hospitality sectors. These service-oriented workplaces form a critical, and increasing, part of our Ontario membership base. A large majority of the workers in these sectors are new immigrants, young people and women. In fact, over a third of members in the province currently are women.“

396. David Weil, Improving Workplace Conditions Through Strategic Enforcement, Boston University School of Management Research Paper No 2010-20 (2010), 2. Online: http://www.dol.gov/whd/resources/strategicEnforcement.pdf.

397. Weil, note 396, 16-17.

398. Comments by Ontario government officials, October, 2012.

399. “Fair Wage Policy”, City of Toronto Municipal Code, c 67, Schedule A. Online: http://www.toronto.ca/fairwage/policy.htm; Diane MacDonald & David Fairey, Old Policies in Liberal “New Era” Labour Platform: A Backgrounder on the BC Liberals’ Proposed Labour Policy Changes (Canadian Centre for Policy Alternatives: June 2001), Online: http://ww.policyalternatives.ca/sites/default/files/uploads/publications/National_Office_Pubs/newera.pdf at 4; Toronto Taxpayers Coalition, “Scrap the Fair Wage Policy”. Online: http://www.torontotaxpayer.ca/Main/ScrapTheFairWagePolicy.

400. Supply chain regulation is discussed further in the Chapter on Health and Safety. It refers to the imposition of worker protection and/or health and safety standards by larger businesses upon their subcontractors and other smaller enterprises they engage to carry on their business. This can take the form of a regulation imposing responsibility on larger business for the standards of the smaller enterprises they utilize to carry on their business. Alternatively, it can be accomplished through contractual obligation, incentive programs or other means and could be the basis upon which proposed contractors are evaluated.

401. Faraday, note 107, 78 & 103; Consultation with Migrant Workers Alliance for Change, September 22, 2012.

402. Faraday, note 107, 78 & 103; Consultation with Migrant Workers Alliance for Change, September 22, 2012.

403. See Hennebry, note 99, 14 and 16; Kerry L. Preibisch, “Migrant Agricultural Workers and Processes of Social Inclusion in Rural Canada: Encuentros and Descencuentros” (2004) 29 Canadian Journal of Latin and American & Caribbean Studies 203, 212 and 229; Human Rights, Equity and Diversity Department of the United Food and Commercial Workers Union, Report on the Status of Migrant Workers in Canada 2011 (2011), 22-23. Online: http://www.ufcw.ca/templates/ufcwcanada/images/Reporton-The-Status-of-Migrant-Workers-in-Canada-2011.pdf; Janet McLaughlin, “Falling Through the Cracks: Seasonal Foreign Farm Workers’ Health and Compensation Across Borders” (October 2007) 21:1 The IAVGO Reporting Service, 5 (McLaughlin, “Falling Through the Cracks”). Online: http://www.injuredworkersonline.org/Documents/ONIWGconfMcLaughlin.pdf.

404. Hennebry, note 99, 14.

405. Employment Standards Act, 2000, note 186, s 74.

406. Dean Report, note 114, 46. Issues related to health and safety and WSIB were also reported. These are discussed in the Chapter on Health and Safety.

407. Consultation meeting with the Foreign Agricultural Resource Management Services (F.A.R.M.S.), the Labour Issues Coordinating Committee and CanAg Travel (17 January 2012) Mississauga, Ontario; F.A.R.M.S. information indicates workers return home for other reasons including medical, domestic, and incompatible match. The highest number of returns are for domestic (worker’s personal) reasons. Information supplied by F.A.R.M.S. (on file with LCO). In its October, 2012 submission to the LCO, the Migrant Workers Alliance for Change, argued that commentators should look beyond the repatriation statistics and consider the number of workers who leave the job for medical reasons and who go AWOL because these workers often do so due to injuries sustained at work. While this increases the percentage of workers who leave, the percentages appear to remain relatively low.

408. Labour Issues Coordinating Committee Submission to LCO, September 2012.

409. Consultation meeting with the Foreign Agricultural Resource Management Services (F.A.R.M.S.), the Labour Issues Coordinating Committee and CanAg Travel (17 January 2012) Mississauga, Ontario. See Faraday, note 107, 41: Out of 17,776 workers who came to Ontario in 2010, 2,331 were transferred to a second or subsequent farm.

410. Consultation meeting with Foreign Agricultural Resource Management Services (F.A.R.M.S.) (17 May 2011) Mississauga, Ontario.

411. Labour Issues Coordinating Committee Submission to LCO, September 2012.

412. Consultations with workers; Information provided by F.A.R.M.S. to LCO (April 2012).

413. Hennebry, note 99, 14 and 16.

414. Comments by Ontario government officials, October, 2012.

415. Dean Report, note 114, 50.

416. Comments by Ontario government officials, October 2012.

417. Ontario Bar Association, Civil Liberties and Human Rights Section Submission to the LCO, October, 2012. This concept was also recommended in Made in Canada, Faraday, note 107.

418. Ontario Bar Association, Civil Liberties and Human Rights Section Submission to the LCO, October, 2012.

419. Office of the Worker Adviser Submission to the LCO September 2012.

420. MIGRANTE – Ontario, the Caregivers Action Centre, Justicia for Migrant Workers and the Niagara Migrant Workers Interest Group.

421. United Food and Commercial Workers Union, Maps to Agriculture Workers Alliance Regional Offices (2011). Online: http://www.ufcw.ca/index.php?option=com_content&view=article&id=2008&Itemid=246&lang=en; United Food and Commercial Workers Canada & Agriculture Workers Alliance, The Status of Migrant Farm Workers in Canada 2010-2011 (2011), 12. Online: http://www.ufcw.ca/templates/ufcwcanada/images/awa/publications/UFCWStatus_of_MF_Workers_2010-2011_EN.pdf.

422. Comments by Ontario government officials, October, 2012.

423. Fay Faraday, Judy Fudge & Eric Tucker, Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (Toronto: Irwin Law, 2012), 17-19; Human Resources and Skills Development Canada, Work – Unionization Rates (Human Resources and Skills Development Canada, Work – Unionization Rates). Online: http://www4.hrsdc.gc.ca/.3ndic.1t.4r@-eng.jsp?iid=17.

424. Dunmore, note 218, para 46.

425. Dan Cameron, “Employee Voice In The Non-Union Setting”, Policy Options 29:04 (April 2008) 67. Online: http://www.irpp.org/po/archive/apr08/cameron.pdf.

426. John Allemang, “The sorry state of our unions”, The Globe and Mail (24 March 2012). Online: http://www.theglobe andmail.com/news/national/the-sorry-state-of-ourunions/article2380055/page3/.

427. The LCO’s Background Paper provides a brief summary of the rise of industrial unionism in Canada during the postwar period and its marked decline over the past few years: Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 21-24 and 31-32.

428. Lewchuk, Clarke & de Wolff, note 176, 288; Angelo DiCaro, Chad Johnston & Jim Stanford, “Canada’s Labour Movement in Challenging Times: Unions and their Role in a Changing Economy” in Norene Pupo, Dan Glenday & Ann Duffy, eds, The Shifting Landscape of Work (Toronto: Nelson Education, 2011), 49.

429. Sharanjit Uppal, “Unionization 2011”, Perspectives on Labour and Income (Statistics Canada: October 26, 2011). Online: http://www.statcan.gc.ca/pub/75-001-x/2011004/article/11579-eng.pdf.

430. Human Resources and Skills Development Canada, Work – Unionization Rates, note 423.

431. Human Resources and Skills Development Canada, Work – Unionization Rates, note 423.

432. See Chapter 1.

433. Lewchuk, Clarke & de Wolff, note 176, 288.

434. Labour Relations Act, SO 1950, c 34.

435. Some union leaders have made the same point recently suggesting that unions must adapt to changing realities, Allemang, note 426.

436. John Anderson, James Beaton, & Kate Laxer, “The Union Dimension: Mitigating Precarious Employment?”, in Vosko, ed, Precarious Employment, note 1, 301.

437. Fraser, note 219, 365; Ontario Ministry of Labour, Task Force on Agricultural Labour Relations: Report to the Minister of Labour (Task Force on Agricultural Labour Relations, 1992), 3.

438. Agricultural Labour Relations Act, 1994, SO 1994, c 6 s 4.

439. Dunmore, note 218; The s. 15 argument was not considered by the majority in Dunmore and it was unsuccessful in Fraser, the subsequent SCC case on the issue.

440. Dunmore, note 218, para 41.

441. Dunmore, note 218, para 54.

442. Dunmore, note 218, para 52.

443. Dunmore, note 218, para 54.

444. Dunmore, note 218, para 53.

445. Dunmore, note 218, para 53.

446. Dunmore, note 218, para 55.

447. Dunmore, note 218, para 2. (Emphasis in original).

448. Dunmore, note 218, para 42.

449. Dunmore, note 218, paras 2. and para 67.

450. Agricultural Employees Protection Act, 2002, SO 2002, c 16 s 1(1) (AEPA).

451. AEPA, note 450 s 1(2).

452. There is no express provision in the AEPA for employers to consider employee representations in good faith but the Supreme Court of Canada has held that this duty is implicit: Fraser, note 219, paras 101-102.

453. Fraser, note 219.

454. Health Services, note 225.

455. Fraser, note 219, para 40. The Ontario Court of Appeal has recently considered Fraser in Mounted Police Association of Ontario v. Canada (Attorney General), 2012 ONCA 363.

456. Fraser, note 219, para 41.

457. Fraser, note 219, paras 101-102.

458. Fraser, note 219, para 107.

459. Fraser, note 219, para 117.

460. Fraser, note 219, para 99; Faraday, Fudge & Tucker, note 423, 49.

461. Fraser, note 219, para 40.

462. Fraser, note 219, para 41.

463. Fraser v. Ontario (Attorney General) (2006), 79 OR (3d) 219 (SCJ) (Fraser SCJ), para 18.

464. Fraser, note 219, paras 109 and 110.

465. Fraser, note 219, para 112.

466. Tucker, note 338.

467. Steven Tufts, “Community Unionism in Canada and Labour’s (Re)Organization of Space” (1998) 30:3 Antipode 227, 228.

468. Cynthia J. Cranford & Deena Ladd, “Community Unionism: Organising for Fair Employment in Canada” (2003) 3 Just Labour 46, 55, n2. Online: http://www.justlabour.yorku.ca/volume3/pdfs/cranford.pdf.

469. Cranford, et al, Self-Employed Workers, note 62, 187.

470. DiCaro, Johnston & Stanford, note 428, 52.

471. Cynthia J. Cranford, et al, “Thinking Through Community Unionism” in Vosko, ed, Precarious Employment, note 1, 359.

472. International Trade Union Confederation Constitution (2006, as amended by the 2nd World Congress (2010)) art II(b). Online: http://www.ituc-csi.org/IMG/pdf/Const-ENG_2WC.pdf.

473. International Trade Union Confederation Constitution, note 472 art II(a).

474. Alan M. Minsky, “Some Labour Relations Issues in the Construction Industry” (2001) 9 CLR (3d) 115.

475. Janet McLaughlin, Migration and Health: Implications for Development: A Case Study of Mexican and Jamaican Migrants in Canada’s Seasonal Agricultural Workers Program (The Canadian Foundation for the Americas (FOCAL), 2009), 10. Online: http://www.focal.ca/pdf/Migrant%20Health%20McLaughlin%202009.pdf; Human Rights, Equity and Diversity Department of the United Food and Commercial Workers Union, note 403, 5 and 18-20.

476. Occupational Health and Safety Act, note 114 s 21.

477. Ministry of Labour, “Two Task Groups Named to Study Prevention Among Vulnerable Workers, Small Business.” December 19, 2013. Online: http://www.gov.on.ca/english/hs/prevention/task_groups.php#vulnerable.

478. Dean Report, note 114, 47.

479. Employment Standards Act, 2000, note 186, s. 141(1).

480. Regulatory Impact Analysis Statement (2009) C Gaz, Vol 143, No 41. Online: http://www.gazette.gc.ca/rp-pr/p1/2009/2009-10-10/pdf/g1-14341.pdf.

481. Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 249; Immigration and Refugee Protection Regulations, SOR/2002-227 s 200(5)(d); Citizenship and Immigration Canada, Operational Bulletin 275-C – April 1, 2011,Temporary Foreign Worker Program: Operational Instructions for the Implementation of the Immigration and Refugee Protection Regulatory Amendments, 2.2. Online: http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob275C.asp#list; Citizenship and Immigration Canada, List of Ineligible Employers – Temporary Foreign Worker Program. Online: http://www.cic.gc.ca/english/work/list.asp.

482. SAWP has its own contracts. NOC C and D and live-in caregivers contracts now include standardized terms covering wages, accommodation, benefits, hours of work, duties, vacation and sick leave entitlements. They require that health care insurance be provided at the employer’s expense until the worker is eligible for provincial health care coverage and one week termination notice must be given to workers who have worked for longer than 3 months. Recruitment fees are prohibited and transportation costs must be covered by employers and, unlike SAWP, which allows some recovery, transportation costs may not be recovered from the worker. The contract makes clear that terms are subject to provincial employment and health and safety standards. Employers are required to provide appropriate housing (at a cost and in accordance with guidelines), a Record of Employment must be prepared and chemical and pesticide safety equipment must be provided at the employer’s expense.

483. Citizenship and Immigration Canada, Backgrounders – Improvements to the Temporary Foreign Worker Program (August 2010) (Citizenship and Immigration Canada, Backgrounders – Improvements). Online: http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp; Citizenship and Immigration Canada, Backgrounder – Four-year Limit for Foreign Nationals Working in Canada (March 2011). Online: http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp; Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 249; For the federal government’s explanation, see “Regulatory Impact Analysis Statement” in Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 480.

484. Salimah Valiani, The Shift in Canadian Immigration Policy and Unheeded Lessons of the Live-in Caregiver Program (February 2009), 7, 8. Online: http://mrzine.monthlyreview.org/2009/valiani030309.html; The Final Report by Ontario’s Expert Roundtable on Immigration recognizes the vulnerability of these workers created in particular by the live-in aspect of the program; Expanding Our Routes to Success: The Final Report by Ontario’s Expert Roundtable on Immigration, September 2012. Online: http://www.citizenship.gov.on.ca/english/keyinitiatives/imm_str/roundtable/rountable.pdf.

485. Valiani, note 484, 14-18; Metropolitan Action Committee on Violence Against Women and Children, Domestic Workers & Live-in Caregivers Experiencing Workplace Sexual Violence and Harassment, METRAC’s Workplace Justice Series (2009), 3. Online: http://www.metrac.org/resources/downloads/domestic.workers.workplace.harassment.pdf; Consultation with Migrant Workers Alliance for Change, Toronto, September 22, 2012.

486. Valiani, note 484, 14.

487. Metropolitan Action Committee on Violence Against Women and Children, note 485, 4.

488. Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009, note 245.

489. Ontario Ministry of Labour, Employment Protection for Foreign Nationals Act (Live in Caregivers and Others), 2009: FAQs (March 2010). Online: http://www.labour.gov.on.ca/english/es/faqs/epfna.php.

490. Live-in caregivers’ employment contracts must now include standardized terms covering wages, accommodation, benefits, hours of work, duties, vacation and sick leave entitlements; Immigration and Refugee Protection Regulations, SOR/2002-227.

491. “Regulatory Impact Analysis Statement” in Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 249.

492. Citizenship and Immigration Canada, News Release, “Minister Kenny Announces Important Change for Live-in Caregivers” (15 December 2011). Online: http://www.cic.gc.ca/english/department/media/releases/2011/2011-12-15.asp.

493. Consultation meeting with Caregivers’ Action Centre (28 February 2011); Consultation meeting with Chinese Interagency Network of Greater Toronto Labour Committee (6 May 2011); Consultation with Migrant Workers Alliance for Change, (22 September 2012); Faraday, note, 107, 68.

494. Migrant Workers Alliance for Change Submission to LCO October, 2012.

495. Consultation meeting with NOC C & D Temporary Foreign Workers.

496. Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), note 245.

497. The Worker Recruitment and Protection Act, SM 2008, c 23.

498. Human Resources and Skills Development Canada, Temporary Foreign Worker Program: Manitoba’s “Worker Recruitment and Protection Act” and Changes to HRSDC/Service Canada’s Labour Market Opinion Application Process (July 2011), para 5 (HRSDC, Manitoba’s Worker Recruitment and Protection Act). Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questionsanswers/manitoba.shtml.

499. HRSDC, Manitoba’s “Worker Recruitment and Protection Act”, note 497, 7; Consultation with Manitoba Ministry of Labour (21 & 23 June 2011); Manitoba Family Services and Labour The Worker Recruitment and Protection Act C.C.S.M. c.W197 Valid Licence Holders. Online: http://www.gov.mb.ca/labour/standards/asset_library/pdf/wrapa_valid_licensees.pdf.

500. Faraday, note 107,69-73.

501. Comments by Ontario government officials, October 2012.

502. Faraday, note 107, 107.

503. Human Resources and Skills Development Canada, Temporary Foreign Worker Program: Employer Compliance: Requirements for the Temporary Foreign Worker Program (2011), 7. Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/pamphlet/ECR.pdf.

504. The Final Report by Ontario’s Expert Roundtable on Immigration, note 484,30.

505. Citizenship and Immigration Canada, Backgrounders – Improvements, note 483.

506. Comments by Ontario government officials, October 2012.

507. The Final Report by Ontario’s Expert Roundtable on Immigration, note 484, 30.

508. Faraday, note 107.

509. Herbert Grubel & Patrick Grady, Immigration and the Canadian Welfare State, Studies in Immigration & Refugee Policy (Fraser Institute, 2011), 35. Online: http://www.fraserinstitute.org/uploadedFiles/fraser-ca/Content/researchnews/research/publications/immigration-and-the-canadianwelfare-state-2011.pdf.

510. House of Commons Debates, 41st Parl, 1st Sess, No 146 (15 May 2012), 1440 (Hon Diane Finley); “Unions argue new wage rules discriminatory; Critics say new changes will hurt all workers”, Toronto Star (16 May 2012) A6.

511. The Final Report by Ontario’s Expert Roundtable on Immigration, note 484.

512. Human Resources Development Canada, Lessons Learned: Own-Account Self-Employment in Canada – Final Report (2000), 5. Online: http://www.qln.ca/Documents/Knowledge%20Base/Linguistic%20Duality/ownacc_selfemployment_1997.pdf.

513. Nadja Kamhi & Danny Leung, Recent Developments in Self-Employment in Canada, Working Paper 2005-8 (Research Department Bank of Canada, 2005), 1. Online: http://www.bankofcanada.ca/wp-content/uploads/2010/02/wp05-8.pdf.

514. Sébastien LaRochelle-Côté, “Self-employment in the Downturn”, Perspectives on Labour and Income, Vol 11, No 3 (Statistics Canada, March 2010), 5. Online: http://www.statcan.gc.ca/pub/75-001-x/2010103/pdf/11138-eng.pdf.

515. LaRochelle- Côté, note 514, 6.

516. Noack & Vosko, note 4, 8; and Statistics Canada, CANSIM Table 282-0011, Labour force survey estimates (LFS), employment by class of worker, North American Industry Classification System (NAICS) and sex, unadjusted for seasonality, monthly (persons). Online: http://www5.statcan.gc.ca/cansim/pick-choisir?lang=eng&p2=33&id=2820011.

517. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 9.

518. Cranford, et al, Self-Employed Workers, note 62, 177.

519. Cranford, et al, Self-Employed Workers, note 62, 9. Also see Vosko & Zukewich, note 63, 67.

520. Karen D. Hughes, “Rethinking Policy for the ‘New Economy’: The Case of Self-Employed Women” (2004) 67 Sask L Rev 571, 573 (Hughes, “Rethinking Policy”).

521. Kamhi & Leung, note 513, 4.

522. OECD, “The Partial Renaissance of Self-Employment” in OECD Employment Outlook, 2000 (2000), 155. Online: http://www.oecd.org/dataoecd/10/44/2079593.pdf; Cranford, et al, Self-Employed Workers, note 62, 5.

523. LaRochelle- Côté, note 514, 7.

524. For employees, see: Judy Fudge, “Fragmenting Work and Fragmenting Organizations: The Contract of Employment and the Scope of Labour Regulation” (2006) 44 Osgoode Hall LJ 609, 621 (Fudge, “Fragmenting Work”). For employers, see: Hughes, “Rethinking Policy”, note 520, 582-583; LaRochelle-Côté, note 514, 5.

525. Ernest B. Akyeampong & Deborah Sussman, “Health-Related Insurance for the Self-Employed”, Perspectives on Labour and Employment, Vol 4, No 5 (Statistics Canada, May 2003), 17. Online: http://www.statcan.gc.ca/pub/75-001-x/75-001-x2003005-eng.pdf. See also: Fudge, “Fragmenting Work”, note 524, 621 (“Generally, the selfemployed are less likely to have access to benefits than employees, although access to benefits depends upon the type of self-employment, with self-employed employers enjoying greater coverage than the own-account selfemployed.”).

526. Fudge, “Fragmenting Work”, note 524, 621. See also: Rosemary A. Venne, “A Half Century of Work: Women in the Labour Force” (2004) 67 Sask L Rev 489.

527. Karen D. Hughes, Gender and Self-employment in Canada: Assessing Trends and Policy Implications, Canadian Policy Research Networks Study No. W|04 Changing Employment Relationships Series (Ottawa: Renouf, 1999), 16-18 (Hughes, Gender and Self-Employment). Online: http://www.cprn.org/documents/18381_en.pdf.

528. Vosko & Zukewich, note 63, 77; Leah F. Vosko, Nancy Zukewich & Cynthia Cranford, “Precarious Jobs: A New Typology of Employment”, Perspectives on Labour and Income, Vol 4, No 10 (Statistics Canada, October 2003), 3 and 20-22. Online: http://www.statcan.gc.ca/pub/75-001-x/75-001-x2003010-eng.pdf.

529. Hughes, Gender and Self-Employment, note 527, 22.

530. Hou & Wang, note 61, 4.

531. Noack & Vosko, note 4, 8-9.

532. Robert M Parry & David A Ryan, Employment Standards Handbook, 3rd ed, Release No 35 (Toronto: Thomson Reuters Canada, 2002), 1-1.

533. Employment Standards Act, 2000, note 186, s 1(1).

534. Parry & Ryan, note 532, 1-1.

535. Judy Fudge, Eric Tucker & Leah Vosko, “Employee or Independent Contractor?: Charting the Legal Significance of the Distinction in Canada” (2003) 10:2 CLELJ 193, 209 (Fudge, Tucker & Vosko, “Employee or Independent Contractor?”).

536. Fudge, Tucker & Vosko, “Employee or Independent Contractor?”, note 535, 194.

537. Employment Standards Manual Vol 1, note 292, 5-14.

538. Parry & Ryan, note 532, 1-8; Employment Standards Manual Vol 1, note 292, 5-15 and 5-14.

539. 671122 Ontario Ltd v. Sagaz Industries Canada Inc, [2001] 2 SCR 983, [2001] SCJ No 61, para 46 (“there is no one conclusive test which can be universally applied to determine whether a person is an employee or an independent contractor”) (Sagaz).

540. Sagaz, note 539, para 47.

541. Sagaz, note 539, paras 47-48.

542. Employment Standards Manual Vol 1, note 292, 5-27. Montreal (City) v. Montreal Locomotive Works Ltd., [1946] 3 W.W.R 748, [1947] 1 D.L.R 161 (Canada P.C.).

543. Employment Standards Manual Vol 1, note 292, 5-27.

544. Labour Relations Act 1995, note 219 s 1(1).

545. CAW Submission to LCO, October 2012.

546. Workers’ Action Centre, Working on the Edge, note 77, 32.

547. Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011) Toronto, Ontario; Comments by Ontario government officials, December 2012.

548. Chinese Interagency Network of Greater Toronto Submission, October, 2012.

549. Chinese Interagency Network of Greater Toronto Submission, October, 2012.

550. Workers’ Action Centre, Working on the Edge, note 77, 16. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 51.

551. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 51.

552. Fudge, Tucker & Vosko, “Employee or Independent Contractor?”, note 535, 230. They also question whether the dependent employee-independent self-employed distinction should determine the scope of labour protection and make a similar policy recommendation in Fudge, Tucker & Vosko, “The Legal Concept of Employment”, note 68, 94, 95, 105 and 119.

553. The Wellesley Institute, Atkinson Foundation and Metcalf Foundation, Talking About Jobs (2011), 7. Online: http://www.wellesleyinstitute.com/wpcontent/uploads/2011/11/6-Good-Ideas-About-Jobs-in-Ontario1.pdf.

554. Employment Standards Manual Vol 1, note 292, 5-23 and 5-39.

555. Comments by Ontario government officials October 2012.

556. Comments by Ontario government officials, October 2012.

557. Consultation with Ontario Ministry of Labour (May 10, 2012) Toronto, Ontario; Comments by Ontario government officials, October 2012.

558. Comments by Ontario government officials, October 2012.

559. Occupational Health and Safety Act, note 114; Workplace Safety and Insurance Act, 1997, note 214.

560. Occupational Health and Safety Act, note 114, s 32.0.1-32.0.7; In response to our Interim Report, we received a note describing workplace violence experienced by a teacher in the classroom and advocating for annual employer training on protecting teachers from workplace violence.

561. Dean Report, note 114, 14; Vosko, et al, note 4, 45-47.

562. Occupational Health and Safety Act, note 114 s 4.1(2).

563. Ontario Ministry of Labour, Information for Workers and Employers About Reprisals, Fact Sheet 30 (2012), 2 (Ontario Ministry of Labour, Information for Workers and Employers About Reprisals). Online: http://www.labour.gov.on.ca/english/hs/pdf/fs_reprisals.pdf.

564. Bill 160, Occupational Health and Safety Statute Law Amendment Act, 2011, 2nd Sess, 39th Leg, Ontario, 2011 (Royal Assent received Chapter Number: SO 2011 C 11) s 13(1). Online: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=2463.

565. Occupational Health and Safety Act, note 114 s 9.

566. Occupational Health and Safety Act, note 114 s 9(18)(a).

567. Occupational Health and Safety Act, note 114 s 9(20).

568. Comments by Ontario government officials, October 2012.

569. Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

570. POA, note 377.

571. Criminal charges were laid against the construction company and others related to the tragic deaths of four workers by falling from scaffolding on 24 December 2009 in Toronto, Ontario.

572. Occupational Health and Safety Act, note 114; s 3(1).

573. Farming Operations, O Reg 414/05.

574. “‘Regularly employed’ means anyone who is employed for a period that exceeds three months. This includes permanent full-time staff, permanent part-time staff, contract staff, and seasonal workers. It also includes managers and supervisors. There may be situations where there is a high turnover of staff, and a number of different workers fill a particular position, with each person working in it for less than three months. If a position exists for longer than three months, regardless of the number of workers who may fill that position over the three months, that position will be included in determining if a health and safety representative or joint health and safety committee is required.” Ontario Ministry of Labour, About Joint Health and Safety Committees and Representatives. Online: http://www.labour.gov.on.ca/english/hs/pubs/farming/ohsa/ohsa_7.php.

575. Ontario Ministry of Labour, Occupational Health and Safety Guidelines for Farming Operations in Ontario (2006). Online: http://www.labour.gov.on.ca/english/hs/pdf/farming_ohsag.pdf.

576. Ontario Ministry of Labour, Occupational Health and Safety Guidelines for Farming in Ontario, note 575, 1.

577. Consultation with Ontario Ministry of Labour (10 May 2012).

578. Dean Report, note 114, 46.

579. Dean Report, note 114, 46.

580. Dean Report, note 114, 46.

581. Dean Report, note 114, 6.

582. Dean Report, note 114, 17; George Gritziotis, “Prevention Update” Safe at Work Ontario, No 10 (Ontario Ministry of Labour, March 2012), 2. Online: http://www.labour.gov.on.ca/english/hs/pdf/sawo_today10.pdf.

583. Dean Report, note 114, 46-47.

584. Dean Report, note 114, 47.

585. Consultation with Ontario Ministry of Labour (10 May 2012).

586. Faraday, note 107.

587. Dean Report, note 114, 46.

588. Dean Report; Consultation with Ontario Ministry of Labour (10 May 2012).

589. Ontario Ministry of Labour, “Appendix I: 2009-10 Annual Report” in Published Results-Based Plan 2010-11 (Toronto: Ontario Ministry of Labour, 2010), 28. Online: http://www.labour.gov.on.ca/english/about/pubs/rbp/2010/appendix_1.php.

590. Vosko, et al, note 4, 50.

591. Consultation with Ontario Ministry of Labour (10 May 2012).

592. Ontario Ministry of Labour, Industrial Sector Plan 2011-2012 (2011), 20 (Ontario Ministry of Labour, Industrial Sector Plan 2011-2012). Online: http://www.labour.gov.on.ca/english/hs/pdf/sp_11ind.pdf. (The subsectors are: police services, fire services, fisheries, film and television, live performance).

593. Ontario Ministry of Labour, Sub-sector Plans: Farming (June 2012). Online: http://www.labour.gov.on.ca/english/hs/sawo/sectorplans/2012/industrial/industrial_10.php.

594. Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011); Consultation meeting with workers; Consultation meeting with the Workers’ Compensation Network (29 April 2011); Consultation meeting with Windsor Legal Assistance (14 June 2011); Consultation meeting with the Agriculture Workers Alliance (AWA).

595. Toronto Workers’ Health and Safety Legal Clinic Submission, September 28, 2012; Consultation with Migrant Workers Alliance for Change, September 22, 2012; Workers Action Centre/Parkdale Community Legal Services, Submission to the LCO September, 2012; Comments by Ministry of Labour officials, December, 2012. 

596. Dean Report, note 114, 27-28.

597. Ontario Ministry of Labour, Poster, Health & Safety at Work-Prevention Starts Here, Online: http://www.labour.gov.on.ca/english/hs/pubs/posterinfo.php.

598. Dean Report, note 114, 47-48.

599. Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011); Consultation meeting UFCW Canada (7 April 2011).

600. Consultation meeting with the Labour Committee of the Chinese Interagency Network of Greater Toronto (6 May 2011).

601. Consultation meeting with workers; Consultation meeting with the Agriculture Workers Alliance (AWA); Consultation meeting UFCW Canada (7 April 2011).

602. Faraday, note 107, 107.

603. Dean Report, note 114, 48; See also: Ontario Ministry of Labour, Industrial Sector Plan 2011-2012, note 592, 20 (where farming has been shown to be the industrial subsector with the second highest number of fatalities in Ontario between 2008-2010).

604. Consultation meeting with Dignidad Obrera Agricola Migrante (DOAM) (8 May 2011); Consultation meeting with SAWP Workers.

605. Migrant Workers Alliance for Change Submission to LCO October 2012; Comments from Ministry of Labour, December, 2012.

606. In the temporary foreign worker context: Consultation meeting with workers and SAWP workers; Consultation meetings with Niagara Migrant Workers Interest Group (30 March 2011), (9 May 2011); Consultation meeting with Windsor Legal Assistance (13 June 2011); Consultation meeting with the Agriculture Workers Alliance (AWA); DOAM Submission (on file with the LCO) (“The threat of repatriation is the primary reason why most workers never document or come forward with health concerns regarding the workplace.”). The issue was raised in a broader context twice: Consultation meeting with an OPSEU Representative (15 June 2011); Toronto Workers’ Health and Safety Legal Clinic Submission.

607. Occupational Health and Safety Act, note 114 s 50. See also: Ontario Ministry of Labour, Information for Workers and Employers About Reprisals, note 563. Online: http://www.labour.gov.on.ca/english/hs/topics/reprisal.php.

608. Ontario Labour Relations Board Rules of Procedure, r 41; Occupational Health and Safety Act, note 114 s 50, s 50.1; O Reg 33/12 s 1.

609. Dean Report, note 114, 47.

610. Consultation with Ontario Ministry of Labour (10 May 2012); Safe at Work, No 10 (Ontario Ministry of Labour, March 2012). Online: http://www.labour.gov.on.ca/english/hs/sawo/pubs/issue10.php; Ministry of Labour Bulletin, “Strengthening Workplace Health and Safety”, December 19 2012. Online: http://www.labour.gov.on.ca/english/news/2012/bul_previnjury20121219.php.

611. Meeting with IAVGO, Injured Workers’ Consultants and injured workers, October 4, 2012.

612. Migrant Workers Alliance for Change Meeting on Interim Report and Submission to LCO, September-October, 2012.

613. Harry Arthurs, Funding Fairness, A Report on Ontario’s Workplace Safety and Insurance System (Queen’s Printer for Ontario 2012), 110.

614. Consultation with IAVGO, Injured Workers’ Consultants and Injured Workers, October 4, 2012.

615. Lippel, et al, note 57, 81.

616. Comments by Ontario government officials, October 2012.

617. Lippel et al, note 57, 81.

618. Arthurs, Funding Fairness, note 613.

619. Comments by Ontario government officials, October 2012.

620. Funding Fairness, note 613, 114.

621. Vosko et al, note 4, 88.

622. Phil James, et al, “Regulating Supply Chains to Improve Health and Safety” (2007) 36:2 Indus LJ 163, 166.

623. James et al, note 622, 166-170.

624. James et al, note 622, 166-170.

625. James et al, note 622, 186.

626. James, et al, note 622, 187.

627. Richard Johnstone, Michael Quinlan & Maria McNamara, Enforcing Upstream: Australian Health and Safety Inspectors and Upstream Duty Holders, Working Paper 77 (Canberra: National Research Centre for Occupational Health and Safety Regulation (NRCOHSR), 2010). Online: http://regnet.anu.edu.au/sites/default/files/u86/WorkingPaper_77_0.pdf.

628. Dean Report, note 114, 55.

629. Dean Report, note 114, 41 and 51-52.

630. SAWP workers’ coverage begins as soon as they reach the agreed upon point of departure in their home country and it remains in place until they return to their country. It also covers time while they are in transit to or from the airport to the employer’s premises, when using transportation authorized by the employer or while staying in employerprovided accommodations. If injured, SAWP workers must file a claim for benefits before leaving Canada. If a claim is not filed before leaving Canada, the workers’ liaison officer is responsible for reporting the injury. In our consultations, we heard that some SAWP liaison officers had been effective in coordinating with WSIB to arrange for workers’ access to workplace safety insurance.

631. Janet McLaughlin & Jenna L. Hennebry, “Backgrounder on Health and Safety for Migrant Farmworkers”, IMRC Policy Points, No 1 (Waterloo: International Migration Research Centre, 2010), 5. Online: http://www.wlu.ca/documents/44258/IMRC_Policy_Points_Issue_I_-_Migrant_Farmworker_Health.pdf.

632. McLaughlin, “Falling Through the Cracks”, note 403, 5.

633. McLaughlin, “Falling Through the Cracks”, note 403, 9.

634. Consultation meeting with SAWP Workers; Consultation meeting with Agriculture Workers Alliance (AWA).

635. Consultation meeting with SAWP Workers; Consultation meeting with Agriculture Workers Alliance (AWA).

636. Comments by Ontario government officials October 2012; detailed information regarding OHIP eligibility can be found at Ministry of Health and Long-Term Care, OHIP Eligibility. Online: http://www.health.gov.on.ca/en/public/publications/ohip/ohip_eligibility.aspx.

637. Comments by Ontario Government officials, October 2012.

638. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 13, 43; Janet McLaughlin, “Challenges and Considerations: Providing Accessible Health Care for TFW” (Presentation at Permanently Temporary: Temporary Foreign Workers and Canada’s Changing Attitude to Citizenship and Immigration Community Research Symposium, 4 February 2010), 32-34. Online: http://ceris.metropolis.net/Virtual%20Library/other/PermanentlyTemporary.pdf.

639. Consultation meeting with Niagara Migrant Workers Interest Group (30 March 2011) St. Catharines, Ontario.

640. Michael Pysklywec et al, “Doctors Within Borders: Meeting the Health Care Needs of Migrant Farm Workers in Canada” (2011) 183:9 Can Med Assoc J 1039, 1041.

641. Consultation meeting with Agriculture Workers Alliance (AWA) staff.

642. Consultation meeting with the Workers’ Compensation Network (29 April 2012).

643. Toronto Workers’ Health and Safety Legal Clinic Submission to LCO, September 28, 2012; Comments by Ontario government officials, October, 2012.

644. Office of the Worker Adviser Submission to the LCO, September 2012.

645. Consultation meeting with the Agriculture Workers Alliance (AWA) and UFCW Canada, Toronto, Ontario; Consultation meeting with temporary foreign workers; Submission from the employer of a Live-In Caregiver (on file with the LCO).

646. Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011).

647. Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011).

648. Niagara Migrant Workers Interest Group Blog. Online: http://nmwig.blogspot.com.

649. Hennebry, note 99, 23-25.

650. An innovative model of providing support for migrant workers utilized by the UFCW is discussed under the heading Enforcing Vulnerable Workers Rights through Association.

651. Francesca Froy & Sylvain Giguère, Putting in Place Jobs that Last: A Guide to Rebuilding Quality Employment at Local Level (OECD, 2010), 3. Online: http://www.oecd.org/dataoecd/12/6/44418145.pdf.

652. Zizys, note 25, 7-9. Zizys does not attribute labour market polarization solely to the demise of career ladders. He also recognizes the impact of the loss of better paying bluecollar manufacturing jobs and the corresponding increase in entry level service sector positions paying considerably less. Decline in unionized jobs is another factor caused by a shift away from “union-heavy” manufacturing to “union-light” service sector jobs but also political decisions. He further identifies declines in minimum wages in most North American jurisdictions, a trend that is being reversed.

653. OECD, Growing Income Inequality, note 34, 12.

654. OECD, Growing Income Inequality, note 34, 12.

655. Canadian Manufacturers and Exporters, Business Results Through Workforce Capabilities: A Resource for Developing and Maintaining a Highly Skilled Workforce (2007), 9.

656. LCO Consultation with Canadian Manufacturers and Exporters (11 May 2011).

657. LCO Consultation with Canadian Manufacturers and Exporters (11 May 2011).

658. Centre for Workplace Skills, What We Do. (Centre for Workplace Skills, What We Do). Online: http://www.workplaceskills.ca/en/who-we-are/overview.html.

659. Centre for Workplace Skills, What We Do, note 658.

660. Centre for Workplace Skills, Investing in Skills: Effective Work-Related Learning in SMEs (2011), 4. Online: http://www.workplaceskills.ca/_uploads/media/4nvbw3ps0.pdf.

661. Centre for Workplace Skills, Union-Led Work-Related Learning: Profiles of Effective Practices (2011), 6. Online: http://www.workplaceskills.ca/en/workers/union-led-work-relatedlearning-profiles-of-effective-practices.html.

662. Ontario Federation of Labour (OFL) Submission, (on file with the LCO).

663. Gordon B. Cooke, James Chowhan & Travor Brown, “Declining Versus Participating in Employer-Supported Training in Canada” (2011) 15:4 International Journal of Training and Development 271, 272.

664. Cooke, Chowhan & Brown, note 663, 275.

665. LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011).

666. LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011).

667. Lewchuk, Clarke & de Wolfe, note 176.

668. Drummond Report, note 142, 277.

669. Drummond Report, note 142, 278.

670. Drummond Report, note 142, 285.

671. Lewchuk, Clarke & de Wolfe, note 176, 285; An Act to Promote Workforce Skills Development and Recognition, RSQ, cD-8.3 s 3.

672. Paul Bélanger & Magali Robitaille, Portrait of Work-Related Learning in Quebec (Work and Learning Knowledge Centre, 2008), 20. Online: http://www.ccl-cca.ca/pdfs/WLKC/WorkplaceTrainingQuebecEN.pdf. This report found that the initiative had improved the delivery of workplace training participation with more companies actively planning and implementing training for their employees and that adult learning was being promoted through the combined, cooperative efforts of employers, governments, unions and community groups.

673. Richard Brisbois, Nicole Pollack & Ron Saunders, Lessons from Other Countries Regarding Incentives for Employer-Sponsored Training (Canadian Policy Research Networks, 2009), 26. Online: http://www.cprn.org/documents/51134_EN.pdf.

674. Lewchuk, Clarke & de Wolfe, note 176, 286.

675. Lewchuk, Clarke & de Wolfe, note 176, 286.

676. Comments by Ontario government officials, October, 2012.

677. Ontario Ministry of Training, Colleges and Universities, Ontario Improves Skilled Trades System: McGuinty Government Establishes College Of Trades To Modernize Apprenticeship (27 October 2009). Online: http://news.ontario.ca/tcu/en/2009/10/ontario-improves-skilled-trades-system.html. See: Ontario College of Trades. Online: http://www.collegeoftrades.ca.

678. Drummond Report, note 142, 286.

679. Lewchuk, Clarke & de Wolfe, note 176, 285.

680. Drummond Report, note 142, 285.

681. Ontario Ministry of Training, Colleges and Universities, Role of the Ministry. Online: http://www.tcu.gov.on.ca/eng/about/role.html.

682. Drummond Report, note 142, 279.

683. Ontario Ministry of Training, Colleges and Universities, Employment Service: Service Provider Guidelines (2010), s 2.2-1. Online: http://www.tcu.gov.on.ca/eng/eopg/publications/eopg_sp_guidelines.pdf.

684. Information provided to LCO by Ontario Ministry of Colleges, Training and Universities.

685. Ontario Ministry of Colleges, Training and Universities, Second Career (Ontario Ministry of Colleges, Training and Universities, Second Career). Online: http://www.tcu.gov.on.ca/eng/secondcareer/qna.html#display. Allowances beyond the maximum may be available for disability accommodation, dependent care, living away from home and costs related to literacy and basic skills training.

686. Ontario Ministry of Colleges, Training and Universities, Second Career, note 685.

687. Information provided to LCO by the Ontario Ministry of Training Colleges and Universities. In the Ontario 2012 Budget, the government reaffirmed its commitment to support unemployed workers by maintaining $251 million in funding for the Second Career program in 2012-13 in order to serve 12,000 participants. There was also a commitment to explore ways in which cross-government employment and training services could potentially be integrated with Employment Ontario. Comments by Ontario government officials, October, 2012.

688. LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011).

689. LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011).

690. Information provided to LCO by the Ontario Ministry of Training Colleges and Universities.

691. Drummond Report, note 142, 283.

692. Drummond Report, note 142, 283.

693. Drummond Report, note 142, 285.

694. Comments by Ontario government officials, October 2012.

695. Drummond Report, note 142, 282.

696. Drummond Report, note 142, 283; Comments by Ontario government officials, October 2012.

697. Ontario Ministry of Economic Development and Innovation, News Release, “Ontario Is Attracting Investment, Creating Jobs: McGuinty Government Supports Regional Economic Development” (29 November 2011). Online: http://www.ontariocanada.com/ontcan/1medt/en/news_2011_11_30_en.jsp.

698. Comments by Ontario government officials, October 2012; Ontario Women’s Directorate, Key Programs: Helping Women Achieve Economic Security; Training Programs for Women (Ontario Women’s Directorate, Key Programs). Online: http://www.women.gov.on.ca/english/keyprograms/skilledtrades.shtml; Consultation with Ontario Women’s Directorate (2 February 2012).

699. Ontario Women’s Directorate, Key Programs, note 698.

700. Ontario Women’s Directorate, Employment Training for Abused / At-Risk Women 2011-2013. Online: http://www.women.gov.on.ca/english/keyprograms/skilledtrades.shtml#abused; Ontario Women’s Directorate, Key Programs, note 698.

701. Ontario Women’s Directorate, Key Programs, note 698; Information provided by Ontario Women’s Directorate.

702. Luin Goldring & Patricia Landolt, Immigrants and Precarious Employment in the New Economy: Brief 2 (York University Immigrants and Precarious Employment Project, 2009), 4. Online: http://www.arts.yorku.ca/research/ine/public_outreach/materials.html; Goldring & Landolt, note 78.

703. Ontario provides language training for eligible adult immigrants, whether recently arrived or longer term immigrants. Ontario also provides pilot projects for occupation specific language training customized for employees’ workplace and communication needs. Comments by Ontario government officials, October 2012.

704. Goldring & Landolt, note 78.

705. LCO Consultation with Toronto Region Immigrant Employment Council (TRIEC) (18 May 2011).

706. LCO Consultation with Toronto Region Immigrant Employment Council (TRIEC) (18 May 2011); LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011).

707. LCO Consultation with Toronto Region Immigrant Employment Council (TRIEC) (18 May 2011).

708. Ontario Ministry of Citizenship and Immigration, “Immigration Overview: Ministry of Citizenship and Immigration” (PowerPoint presentation, March 2011) [unpublished], 5 (Ontario Ministry of Citizenship and Immigration, “Immigration Overview”).

709. Ontario Ministry of Citizenship and Immigration, Key Services. Online: http://www.citizenship.gov.on.ca/english/keyinitiatives/index.shtml.

710. Comments by Ontario government officials, October 2012.

711. Alexander, Burleton & Fong, note 101, 15-16.

712. Drummond Report, note 142, 294.

713. Comments by Ontario government officials, October 2012; Ontario Budget, 2012, http://www.fin.gov.on.ca/en/budget/ontariobudgets/2012/ch1.html#c1_integratingEATS.

714. Froy & Giguère, note 651, 63.

715. Ontario Bar Association, Civil Liberties and Human Rights Section Submission to the LCO, October, 2012.

 

Previous  
First Page
Table of Contents