Endnotes2018-12-13T17:18:28+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/sites/default/files/attachments/Policy_and_guidelines_on_racism_and_racial_discrimination.pdf. 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/wp-content/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 30 November 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-workers-commissioned-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.lco-cdo.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 the Appendices for a list of consultations carried out in the Vulnerable Workers and Precarious Work Project.

[6] Efforts to reduce the benefits of employees in secure jobs with excellent benefits (particularly pensions) has 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). Online: http://www.nytimes.com/2012/03/01/world/europe/ahead-of-summit-greece-rushes-to-approve-new-cuts.html.

[7] “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.

[8] 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.

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

[10] 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.lco-cdo.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.

[11] 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/wp-content/uploads/2012/02/Working-Poor-in-Toronto-Region.pdf.

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

[13] Vosko, et al, note 4.

[14] Sheila Block, Work and Health: Exploring the Impact of Employment on Health Disparities (The Wellesley Institute, 9 December 2010), 4 (Block, Work and Health). Online: http://www.wellesleyinstitute.com/wp-content/uploads/2010/12/Work_and_Health.pdf; Wayne Lewchuk, Marlea Clarke & Alice de Wolff, Working Without Commitments: The Health Effects of Precarious Employment (Montreal & Kingston: McGill-Queen’s UP, 2011), 11-20.

[15] LCO consultation meeting with F.A.R.M.S. (17 January 2012) Mississauga, Ontario.

[16] 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.

[17] 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.

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

[19] Zizys, note 17.

[20] Arthurs, note 10, 19.

[21] 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.

[22] Canada has three temporary foreign worker programs discussed below.

[23] Zizys, note 17, 9.

[24] 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.pdf.

[25] The Conference Board of Canada Hot Topics, Canada Inequality: Is Canada Becoming More Unequal? (July 2011). Online: www.conferenceboard.ca/hcp/hot-topics/canInequality.aspx; Block, Work and Health, note 14, 67. 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://dx.doi.org/10.1787/soc_glance-2011-en, 67.

[26] 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.

[27] OECD, Growing Income Inequality, note 26, 7.

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

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

[30] Wilkinson, note 29, 101.

[31] James Gwartney, Robert Lawson & Joshua Hall, Economic Freedom of the World, Annual Report 2011 (Fraser Institute, 2011). Online: www.freetheworld.com/2011/reports/world/EFW2011_complete.pdf. Women’s well-being is defined by the United Nations Development Project’s 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 Project, Gender Inequality Index (GII, 1. Online:  http://hdr.undp.org/en/statistics/gii/.

[32] Noack & Vosko, note 4.

[33] Noack & Vosko, note 4, 6.

[34] Noack & Vosko, note 4, 12.

[35] Noack & Vosko, note 4, 17.

[36] Standing, note 12, 15.

[37] Noack & Vosko, note 4, 16-18.

[38] Noack & Vosko, note 4, 38; also see the part on Employment Standards below.

[39] Standing, note 12, 15.

[40] Noack & Vosko, note 4.

[41] Employment Standards Act, 2000, SO 2000, c 41 ss 74.1, 74.3.

[42] Ellen MacEachen, et al, ”Workers’ Compensation Experience Rating Rules and the Danger to Worker Safety in the Temporary Agency Sector”, Policy and Practice in Health and Safety [forthcoming].

[43] MacEachen, et al, note 42.

[44] MacEachen, et al, note 42.

[45] MacEachen, et al, note 42.

[46] Ontario Workplace Safety and Insurance Board, Responsibilities of the Workplace Parties in Work Reintegration, No 19-02-02 (15 July 2012). Online: http://www.wsib.on.ca/en/community/WSIB/OPMDetail?vgnextoid=5b0bc0d9ca3d7210VgnVCM100000449c710aRCRD.

[47] 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.

[48] Institute for Work & Health, “INFOCUS: Investigating Temporary Employment in Canada”, At Work 62 (Fall 2010) 6 (Institute for Work & Health, “INFOCUS”). Online: http://www.iwh.on.ca/system/files/at-work/at_work_62.pdf.

[49] Leah F. Vosko, “A New Approach to Regulating Temporary Agency Work in Ontario or Back to the Future?” (2010) 65:4 Relations Industrielles/Industrial Relations 632, 634, referring to Sylvia Fuller & Leah F Vosko, “Temporary Employment and Social Inequality in Canada: Exploring Intersections of Gender, Race and Migration” (2008) 88 Social Indicators Research 31, Table 2-3.

[50] 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.

[51] Institute for Work & Health, “INFOCUS”, note 48.

[52] Lewchuk, Clarke & de Wolff, note 14, 136.

[53] Lewchuk, Clarke & de Wolff, note 14, 137; MacEachen, et al, note 42.

[54] Elsa Underhill & Michael Quinlan, “How Precarious Employment Affects Health and Safety at Work: The Case of Temporary Agency Workers” (2011) 66 Industrial Relations 397, 398.

[55] Ontario Workplace Safety and Insurance Board, New Experimental Experience Rating (NEER) Program. Online: http://www.wsib.on.ca/en/community/WSIB/ArticleDetail?vgnextoid=ef00e35c819d7210VgnVCM100000449c710aRCRD.

[56] LCO consultation meeting with the Workers’ Compensation Network (29 April 2011), Toronto, Ontario; LCO consultation meeting with the Institute for Work & Health (17 June 2011) Toronto, Ontario; Ontario, 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; MacEachen, et al, note 42.

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

[58] 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.

[59] 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.

[60] 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.

[61] 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.

[62] Vosko & Zukewich, note 61.

[63] Feng Hou & Shunji Wang, “Immigrants in Self-Employment”, Perspectives on Labour and Income, Vol 23, No 3 (Statistics Canada, Autumn 2011).Online: www.statcan.gc.ca/pub/75-001-x/2011003/article/11500-eng.pdf.

[64] Cranford, et al, Self-Employed Workers, note 60, 11-12, referring to figures from 1999; Noack & Vosko, note 4, 9.

[65] Cranford, et al, Self-Employed Workers, note 60, 13.

[66] 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/lcc-cdc/JL2-35-2002E.pdf.

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

[68] Noack & Vosko, note 4, 24.

[69] Noack & Vosko, note 4, 24.

[70] Noack & Vosko, note 4, 25.

[71] Noack & Vosko, note 4, 22-23.

[72] Noack & Vosko, note 4, 28.

[73] Noack & Vosko, note 4, 31-32.

[74] Noack & Vosko, note 4, 18-21 and 24-32.

[75] “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 66, 7. For the connection between precarity and marginalized social location, see Leah F. Vosko, “What Is to Be Done? Harnessing Knowledge to Mitigate Precarious Employment” in Leah F. Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006) 379, 379; Workers’ Action Centre, Working on the Edge (2007) (Workers’ Action Centre, Working on the Edge). Online: http://www.workersactioncentre.org/wp-content/uploads/2011/12/pb_WorkingOnTheEdge_eng.pdf. Alternatively, working in precarious employment may itself place workers into a marginalized social position.

[76] 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.

[77] Noack & Vosko, note 4, 32.

[78] These projects are described at the Law Commission of Ontario website: www.lco-cdo.org.

[79] 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.pdf. 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 Leah Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill‐Queen’s, 2006) 43, 58-59.

[80] Vosko & Clark, note 79, 31-32.

[81] Noack & Vosko, note 4, 19.

[82] 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.

[83] Cool, note 79, 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.

[84] Noack & Vosko, note 4, 24.

[85] Cool, note 79, 7-8.

[86] Vosko & Zukewich, note 61, 67.

[87] Vosko & Clark, note 79, 27.

[88] Colin Lindsay, “Are women spending more time on unpaid domestic work than men in Canada?”, Matter of Fact (Statistics Canada, 25 September 2008), 1. Online: http://www.statcan.gc.ca/pub/89-630-x/2008001/article/10705-eng.htm.

[89] 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.

[90] Noack & Vosko, note 4, 10.

[91] Vosko & Clark, note 79, 34.

[92] 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.

[93] Block & Galabuzi, note 2, 3 and 7-12.

[94] 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.

[95] Cranford & Vosko, note 79.

[96] Block, Growing Gap, note 94, 4.

[97] Sirena Liladrie, 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://digitalcommons.ryerson.ca/dissertations/106.

[98] 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.

[99] Noack & Vosko, note 4, 21.

[100] 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://books2.scholarsportal.info/viewdoc.html?id=/ebooks/ebooks0/gibson_cppc/2011-11-18/1/10497711; 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.

[101] 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 100, 5-6.

[102] Galarneau & Morissette, note 101, 15.

[103] Block & Galabuzi, note 2, 12.

[104] 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://riim.metropolis.net/assets/uploads/files/wp/2011/WP11-20.pdf.

[105] Creese & Wiebe, note 104, 15-16.

[106] 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.

[107] Chun & Cheong, note 104, 35.

[108] Chun & Cheong, note 104, 31.

[109] Statistics Canada, 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/labor90a-eng.htm.

[110] Noack & Vosko, note 4, 21.

[111] Occupational Health and Safety Act, RSO 1990, c O.1; Dean Report, note 56, 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.

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

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

[114] 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 the Citizenship and Immigration Canada website: 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.

[115] 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.

[116] 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.

[117] 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.

[118] 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.

[119] 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.

[120] 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.

[121] Hennebry, note 98, 5; Consultation meeting with the Foreign Agricultural Resource Management Services (F.A.R.M.S.), the Labour Issues Coordinating Committee (17 January 2012).

[122] 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 plan for workers and provide free accommodation.

[123] Philip Martin, Managing Labor Migration: Temporary Worker Programs for the 21st Century (International Labour Organization – International Institute for Labour Studies, 2003), 31. Online: http://www.ilo.org/public/english/bureau/inst/download/migration3.pdf.

[124] Workers say that the major benefit of going to Canada is 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, note 122, 45.

[125] See for example: Human Resources and Skills Development Canada, Agreement For The Employment In Canada Of Commonwealth Caribbean Seasonal Agricultural Workers – 2012. Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/forms/sawpcc2012.pdf.

[126] Consultation meeting with NMWIG (9 May 2011) Niagara-on- the-lake, Ontario; Consultation meeting with SAWP Workers.

[127] Consultation meeting with Dignidad Obrera Agricola Migrante (8 May 2011) St. Catharine’s, Ontario; Consultation meeting with SAWP Workers and Agriculture Workers Alliance (AWA) Centre.

[128] See, for example, Derrick Thomas, “Foreign Nationals Working Temporarily in Canada,” Canadian Social Trends, No 91 (Statistics Canada, Winter 2010), 41-42. Online: http://www.statcan.gc.ca/pub/11-008-x/2010002/article/11166-eng.pdf. It is important to note that this data is based on the 2006 Census, which necessarily excludes some migrant workers because of the timing of the Census (May 2006), language barriers, lack of knowledge that migrant workers should fill out the Census, and fear of filling out government forms.

[129] Block, Work and Health, note 14, 4.

[130] Thomas, note 128, 46-47.

[131] Thomas, note 128, 42.

[132] Zahra Dhanani & Mergitu Ebba, Workplace Sexual Violence and Harassment, METRAC’s Workplace Justice Series (METRAC Centre for Research and Education on Violence against and Children, 2009). Online: http://www.crvawc.ca/documents/Workplace%20conference/Preventing%20Violence%20Against%20Marginalized%20Workers/Preventing%20Violence%20Against%20Marginalized%20Workers%20-%20Dhanani,%20Ebba.pdf.

[133] Also see the Law Commission of Ontario’s Persons with Disabilities Project (online: http://www.lco-cdo.org/en/content/persons-disabilities). 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.

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

[135] Emile Tompa, et al, “Precarious Employment and People with Disabilities” in Leah F. Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada, 2006, 90 and 110.

[136] Tompa, et al, note 135, 112.

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

[138] Tompa, et al, note 135, 100.

[139] Tompa, et al, note 135, 114.

[140] 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.

[141] Ontario Ministry of Training, Colleges and Universities, Labour Market Information & Research (January 2012) (Ontario Ministry of Training, Colleges and Universities, Labour Market Information). Online: http://www.tcu.gov.on.ca/eng/labourmarket/currenttrends/docs/monthly/201112.pdf.

[142] Standing, note 12, 16.

[143] Ontario Ministry of Training, Colleges and University, Labour Market Information, note 141.

[144] Galarneau, note 50, 7 and 9.

[145] Katherine Marshall, “Employment Patterns of Post-Secondary Students” Perspectives on Labour and Income, Vol 11, No 9 (Statistics Canada, September 2010). Online: http://www.statcan.gc.ca/pub/75-001-x/2010109/pdf/11341-eng.pdf.

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

[147] 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.

[148] 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.

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

[150] Dean Report, note 56, 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.

[151] Vosko, et al, note 4, 33.

[152] See Block, Work and Health, note 14, 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: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006) 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; Liladrie, note 97.

[153] 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.

[154] Heather Scott-Marshall & Emile Tompa, “The Health Consequences of Precarious Employment Experiences” (2011) 38 Work 369.[154] Institute for Work & Health, New Canadian immigrants face less than ideal working conditions (July 2008) (Institute for Work & Health, “New Canadian Immigrants”). Online: www.iwh.on.ca/media/2008-jul-09.

[155] Institute for Work & Health, New Canadian immigrants face less than ideal working conditions (July 2008) (Institute for Work & Health, “New Canadian Immigrants”). Online: https://www.iwh.on.ca/media-room/news-releases/2008-jul-09 , note 154. Refers to the death of seasonal agricultural worker who died on.ca/media/2008-jul-09 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://www.wpirg.org/downloads/WPIRG_MigrantWorkersInOntario.pdf; Hennebry, note 98, 16-17.

[156] Dean Report, note 56, 46; also see Kerry Preibisch & Jenna Hennebry, “Temporary Migration, Chronic Effects: The Health of International Migrant Workers in Canada” (2011) 183(9) CMAJ 1033.

[157] Dean Report, note 56, 46.

[158] 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/hpr-rpms/bull/2010-health-sante-migr-eng.pdf.

[159] Janet McLaughlin, “Spotlight on Research”, note 158.

[160] 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?).

[161] Lewchuk, Clarke & de Wolff, note 14, 255 and 261.

[162] Preibisch & Hennebry, note 156, 1035.

[163] 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.

[164] Block, Work and Health, note 14.

[165] 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.

[166] 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/at-work/at_work_64.pdf.

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

[168] 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 10, 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.

[169] Preibisch & Hennebry, note 156, 1036; Hennebry, note 98.

[170] Yi Man Ng Submission (on file with the LCO).

[171] Employment Standards Act, 2000, note 41 s 50.

[172] 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/uploads/File/A-Discussion-Paper—Issues-and-Ideas—English.pdf.

[173] Workers’ Action Centre, Working on the Edge, note 75, 38.

[174] 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.

[175] 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.

[176] Vosko, Expanding EI Coverage, note 175, 3.

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

[178] Immigration and Refugee Protection Regulations, SOR 2002-227 s 212.

[179] See Law Commission of Ontario, The Law as it Effects Older Adult: Consultation Project: Shaping the Project (2008), 2. Online: http://www.lco-cdo.org/older-adults/Older-Adults-Pre-Consultation-Paper.pdf.

[180] See: Law Commission of Ontario, Older Adults project. Online: http://www.lco-cdo.org/en/content/older-adults.

[181] 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.

[182] Laurie, note 181, 14. See too: Wilkinson & Pickett, note 28, 103-117.

[183] Income Security, Race and Health Research Group, note 92, 61.

[184] Workers’ Action Centre, Working on the Edge, note 75, 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 14; 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 92, 61.

[185] 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.

[186] Laurie, note 181, 15.

[187] For a wider lens on the issues, Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10.

[188] See, for example, the papers in Leah Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006); Income Security, Race and Health Research Group, note 92; Vosko, Managing the Margins, note 67; Lewchuk, Clarke & de Wolff, note 14.

[189] Law Commission of Canada, Is Work Working?, note 160.

[190] Law Commission of Canada, Is Work Working?, note 160, 33.

[191] Law Commission of Canada, Is Work Working?, note 160, 51-52 and 54-57.

[192] Arthurs, note 10.

[193] Arthurs, note 10, xv, 8 and 231.

[194] Arthurs, note 10, 18.

[195] Arthurs, note 10, 18-19.

[196] Arthurs, note 10, 250.

[197] Employment Standards Act, 2000, note 41; Occupational Health and Safety Act, note 111.

[198] 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 10, 19-32.

[199] 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.

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

[201] Labour Relations Act, 1995, SO 1995, c 1, Sched A s 3.

[202] 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, age, record of offences, marital status, family status or disability.”

[203] 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-rights-work-2008-third-edition.

[204] Human Rights Code, note 202 ss 11, 24.

[205] Human Rights Code, note 202 s 8.

[206] Occupational Health and Safety Act, note 111 s 50(1); Employment Standards Act, 2000, note 41 s 74(1).

[207] Ontario Human Rights Commission, Human Rights at Work, note 207; Health Services and Support – Facilities Subsector Bargaining Assn v. British Columbia, 2007 SCC 27 (Health Services), para 69; Dunmore, note 200, 27.

[208] 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 Social 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.

[209] Health Services, note 207, para 78. Emphasis in original.

[210] Ontario (Attorney General) v. Fraser, 2011 SCC 20, paras 91-97 (Fraser SCC).

[211] ICESCR, note 208 art 6.

[212] ICESCR, note 208 art 7.

[213] ICESCR, note 208 art 8.

[214] ICESCR, note 208 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.
[215] See the also Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 46-47.

[216] Convention No 87, note 208 part I art 2.

[217] Convention No 87, note 208 part II art 11.

[218] Health Services, note 207, para 71.

[219] 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).

[220] 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://riim.metropolis.net/assets/uploads/files/wp/2011/WP11-15.pdf.

[221] Dunmore, note 200, para 27.

[222] Government of Ontario, Breaking the Cycle: Ontario’s Poverty Reduction Strategy (Toronto: Ministry of Children and Youth Services, December 2008). Online: www.growingstronger.ca/english/default.asp.

[223] Poverty Reduction Act, 2009, SO 2009, c 10 preamble.

[224] Poverty Reduction Act, 2009, note 223 preamble.

[225] Poverty Reduction Act, 2009, note 223 s 2(2)1.

[226] Poverty Reduction Act, 2009, note 223 s 2(2)3.

[227] 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.

[228] Commission for the Review of Social Assistance in Ontario, note 172, 2 and 22.

[229] Zizys, note 17, 9.

[230] Ontario Ministry of Labour, 2011 Minimum Wage Rate Set: Highest of Canadian Provinces (11 February 2011). Online: http://news.ontario.ca/mol/en/2011/02/2011-minimum-wage-rate-set—highest-of-canadian-provinces.html; Ontario, Legislative Assembly, Statement to the Legislature Regarding the Introduction of: The Occupational Health and Safety Statute Law Amendment Act, 2011, 39th Parl, 2nd Sess (3 March, 2011) (Hon Charles Sousa, Minister of Labour). Online: http://www.labour.gov.on.ca/english/news/pdf/2011/ms_ohsa.pdf.

[231] Ontario Ministry of Labour, Dedicated Team to Enforce New Laws that Protect Ontario’s Vulnerable Workers (July 2010). Online: http://www.labour.gov.on.ca/english/es/pubs/es_det.php.

[232] Office of the Premier, Attracting Investment and Creating Jobs in Southwestern Ontario (28 November 2011). Online: http://news.ontario.ca/opo/en/2011/11/attracting-investment-and-creating-jobs-in-southwestern-ontario.html.

[233] Service Canada, Employment Insurance Special Benefits for Self-Employed People. Online: http://www.servicecanada.gc.ca/eng/sc/ei/sew/index.shtml.

[234] 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.

[235] Employment Standards Act 2000, note 41.

[236] Employment Standards Act, SO 1968, c 35.

[237] Vosko, et al, note 4, 8-9.

[238] 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.

[239] Employment Standards Act 2000, note 41.

[240] Employment Standards Amendment Act (Temporary Help Agencies), note 227.

[241] Open for Business Act, 2010, SO 2010, c 16.

[242] Vosko, et al, note 4, 17-18 ; Workers’ Action Centre, Working on the Edge, note 75, 56-57.

[243] Canada Labour Code, RS, c L-1 s 1.

[244] Arthurs, note 10, 80.

[245] 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).

[246] Arthurs, note 10, 30.

[247] Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 38-39.

[248] Noack & Vosko, note 4, 4.

[249] Workers’ Action Centre, Working on the Edge, note 75, 49.

[250] Occupational Health and Safety Act, note 111 s 4.1(2).

[251] 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.

[252] Exemptions Special Rules and Establishment of Minimum Wage, see note 238 s 5(1.3).

[253] 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.

[254] 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-minimum-wage-rate-set—highest-of-canadian-provinces.html.

[255] Noack & Vosko, note 4, 35.

[256] Workers’ Action Centre, Working on the Edge, note 75, 68.

[257] 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.

[258] Braun-Pollon, DeMarco & Wong, note 257, 5.

[259] Arthurs, note 10, 238.

[260] Arthurs, note 10, 238.

[261] Vosko & Clark, note 79, 32-33.

[262] Noack & Vosko, note 4, 19-20.

[263] Arthurs, note 10, 241.

[264] 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.

[265] Employment Standards Act 2000: Policy and Interpretation Manual, vol 1 (Scarborough: Carwell, 2001), 18-10 (Employment Standards Manual Vol 1).

[266] Consultation with Chinese Interagency Network’s Labour Committee (6 May 2011) Toronto, Ontario.

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

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

[269] Arthurs, note 10, 240.

[270] Arthurs, note 10, xiv.

[271] Consultation meeting with the Ministry of Labour (MOL) (20 July 2011) Toronto, Ontario; Consultation meeting with Canadian Manufacturing and Exporters (CME) (11 May 2011) Mississauga, Ontario; Consultation meeting with workers; Consultation meeting with service providers (13 April 2011) Belleville, Ontario; Consultation meeting with the Labour Committee of the Chinese Interagency Network (6 May 2011) Toronto Ontario; Consultation meeting with the Agriculture Workers Alliance (AWA); Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011) St. Catharines, Ontario; Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission, 1 (on file with the LCO); David J Doorey, Improving Employment Standards Compliance: Institutional Learning and the Dual Regulatory Stream (21 March 2011), 3 and 5. Online: http://ssrn.com/abstract=1791815.

[272] Workers’ Action Centre, Working on the Edge, note 75, 69.

[273] 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.

[274] For example, Vosko, et al, note 4, 71; Workers’ Action Centre, Taking Action, note 273; New York State Department of Labour, 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.

[275] 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.

[276] 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.

[277] Arthurs, note 10, 81.

[278] Employment Standards Act, 2000, note 41 s 74.6 (1)

[279] Vosko, et al, note 4, 31.

[280] Arthurs, note 10, 80.

[281] Arthurs, see note 10, 53.

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

[283] Vosko, et al, note 4, 15.

[284] Doorey, note 271, 3 and 5.

[285] Consultation meeting with the Caregivers’ Action Centre (28 February 2011) Toronto, Ontario; Consultation meeting with Niagara Migrant Workers Interest Group (9 May 2011) Niagara-on-the-Lake, Ontario; Consultation meeting with the Labour Committee of the Chinese Interagency Network (6 May 2011) Toronto, Ontario.

[286] Consultation meeting with the Labour Committee of the Chinese Interagency Network, Toronto, Ontario.

[287] Consultation meeting with workers; Consultation meeting with the Labour Committee of the Chinese Interagency Network (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.

[288] Consultation meeting with workers.

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

[290] Vosko, et al, note 4, 30.

[291] Workers’ Action Centre, Working on the Edge, note 75, 46; Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission, 1 (on file with the LCO).

[292] Vosko, et al, note 4, 30.

[293] Vosko, et al, note 4, 31.

[294] Vosko ,et al, note 4, 31.

[295] Workers’ Action Centre, Working on the Edge, note 75, 70, citing Office of the Auditor General of Ontario, 2004 Annual Report (2004), 240 (Office of the Auditor General, 2004 Annual Report). Online: http://www.auditor.on.ca/en/reports_en/en04/309en04.pdf.

[296] Vosko, et al, note 4, 26.

[297] Arthurs, note 10, 212-213.

[298] Vosko, et al, note 4, 81.

[299] Vosko, et al, note 4, 55-56.

[300] Arthurs, note 10, 53-54.

[301] Arthurs, note 10, 213.

[302] 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, 4 (on file with the LCO).

[303] Vosko, et al, note 4, 15.

[304] Open for Business Act, note 241 Schedule 9 s 1(3).

[305] 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.

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

[307] Color of Poverty Campaign and Metro Chinese and Southeast Asian Legal Clinic, Joint Submission to the Law Commission of Ontario Concerning Vulnerable Workers and Vicarious Work (on file with the LCO).

[308] 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-open-for-business-act.html; Meaghan Ross & Alex Diceanu, “Bill 68: Open for Business or an Open Call for Action?” Mayday Magazine 67 (3 December 2010). Online: http://www.maydaymagazine.ca/donate/item/114-bill-68-open-for-business-or-an-open-call-for-action; Whitten & Lubin, Open for Business Act, Open for Criticism (20 January 2011). Online: http://blog.toronto-employmentlawyer.com/open-for-business-act-open-for-criticism; Candian HR Reporter, Ontario bill creates barriers to ESA complaints: Workers’ advocates (5 August 2010). Online: www.hrreporter.com/articleprint.aspx?articleid=8114.

[309] Drummond Report, note 276, 127 (Recommendations 3-9).

[310] Consultation meeting with service providers (13 April 2011) Belleville, Ontario; Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission, 6 (on file with the LCO).

[311] Vosko, et al, note 4, 18, 62 and 104.

[312]Workers’ Action Centre, Working on the Edge, note 75, 74; Vosko, et al, note 4, 106.

[313] Doorey, note 271, 8.

[314] Employment Standards Manual Vol 2, note 305, c 26-110.

[315] Vosko, et al, note 4, 33.

[316] Vosko, et al, note 4, 36.

[317] 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.

[318] Doorey, note 271, 3. Emphasis in original.

[319] Office of the Auditor General of Ontario, “Employment Rights and Responsibilities Program” in Office of the Auditor General 2004 Annual Report, note 295, 239.

[320] Vosko, et al, note 4, 106.

[321] Workers’ Action Centre, Working on the Edge, note 75, 70.

[322] 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.

[323] Ontario Ministry of Labour, Enforcement Data (on file with LCO).

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

[325] Vosko, et al, note 4, 63.

[326] 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.

[327] Consultation meetings with TFW and other workers; Consultation meeting with Migrant Workers 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.

[328] Office of the Auditor General, 2004 Annual Report, note 295, 242.

[329] Office of the Auditor General, 2006 Annual Report, note 322, 309-310.

[330] Vosko, et al, note 4, 19-20; Employment Standards Act, 2000, note 41 ss 103(1), 104(10, 73.16, 74.17, 108(1), 113(1) and 132.

[331] Provincial Offences Act, RSO 1990, c P 33 (POA).

[332] 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).

[333] Workers’ Action Centre, Working on the Edge, note 75, 59.

[334] Arthurs, note 10, 196; Office of the Auditor General, 2004 Annual Report, note 295, 244-245.

[335] Vosko, et al, note 4, 104-105.

[336] Consultation meeting with service providers (13 April 2011) Belleville, Ontario; Colour of Poverty Campaign, Metro Toronto Chinese and the Southeast Asian Legal Clinic Submission, 8 (on file with the LCO).

[337] Data provided by Ontario Ministry of Labour, on file with LCO.

[338] Thomas, note 317, 130; Vosko, et al, note 4, 31, citing data derived from the Ontario Ministry of Labour, “Historical Funding-Operations, 1997-98 to 2006-07” (April 16, 2007), on file with authors; Ontario Ministry of Labour, “Annual report of 2007-08” (8 July 2008), on file with authors.

[339] Ontario Ministry of Finance, 2011 Ontario Budget (2011), 114. Online: http://www.fin.gov.on.ca/en/budget/ontariobudgets/2011/papers_all.pdf.

[340] Ontario Ministry of Labour, Backgrounder: Employment Standards: Education and Enforcement (29 July 2011). Online: http://www.labour.gov.on.ca/english/news/bg_esenforcement110729.php.

[341] 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.

[342] Occupational Health and Safety Act, note 111.

[343] 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.

[344] Adams, note 343, 390.

[345] Verma, note 341, 26.

[346] Adams, note 343, 390.

[347] Verma, note 341, 26.

[348] Verma, note 341, 27-29.

[349] 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.

[350] Weil, note 349, 16-17.

[351] See Hennebry, note 98, 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/Report-on-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.

[352] Hennebry, note 98, 14.

[353] Employment Standards Act, 2000, note 41 s 74.

[354] Dean Report, note 56, 46. Issues related to health and safety and WSIB were also reported. These will be discussed in the Part on OHSA.

[355] 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. In general, the numbers of returns are low. The highest number of returns are for domestic (worker’s personal) reasons. Information supplied by F.A.R.M.S.(on file with LCO)

[356] 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.

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

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

[359] Hennebry, note 98, 14 and 16.

[360] Dean Report, note 56, 50

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

[362] 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/UFCW-Status_of_MF_Workers_2010-2011_EN.pdf.

[363] 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.

[364] Dunmore, note 200, para 46.

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

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

[367] The LCO’s Background Paper provides a brief summary of the rise of industrial unionism in Canada during the post-war period and its marked decline over the past few years: Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 21-24 and 31-32.

[368] Lewchuk, Clarke & de Wolff, note 14, 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.

[369] Human Resources and Skills Development Canada, Work – Unionization Rates, note 363.

[370] Human Resources and Skills Development Canada, Work – Unionization Rates, note 363.

[371] Human Resources and Skills Development Canada, Union Coverage in Canada: Unionization Rate Stable Over Past Four Years (Human Resources and Skills Development Canada, Union Coverage in Canada). Online: http://www.hrsdc.gc.ca/eng/labour/labour_relations/info_analysis/overview/2010/section_6.shtml.

[372] Human Resources and Skills Development Canada, Union Coverage in Canada, note 371.

[373] See Chapter 1.

[374] Lewchuk, Clarke & de Wolff, note 14, 288.

[375] Labour Relations Act, SO 1950, c 34.

[376] Some union leaders have made the same point recently suggesting that unions must adapt to changing realities. Allemang, note 366.

[377] John Anderson, James Beaton, & Kate Laxer, “The Union Dimension: Mitigating Precarious Employment?”, in Leah F Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s University Press, 2006), 301.

[378] Fraser SCC, note 210, 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.

[379] Agricultural Labour Relations Act, 1994, SO 1994, c 6 s 4.

[380] Dunmore, note 200; The s. 15 argument was not considered in Dunmore and it was unsuccessful in Fraser, the subsequent SCC case on the issue.

[381] Dunmore, note 200, para 41.

[382] Dunmore, note 200, para 54.

[383] Dunmore, note 200, para 52.

[384] Dunmore, note 200, para 54.

[385] Dunmore, note 200, para 53.

[386] Dunmore, note 200, para 53.

[387] Dunmore, note 200, para 55.

[388] Dunmore, note 200, para 2.

[389] Dunmore, note 200, para 42.

[390] Dunmore, note 200, paras 2 and para 67.

[391] Agricultural Employees Protection Act, 2002, SO 2002, c 16 ss 1(1) (AEPA).

[392] AEPA, note 391 ss 1(2).

[393] 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 SCC, note 210, paras 101-102.

[394] Fraser v. Ontario (Attorney General) (2006), 79 OR (3d) 219 (SCJ) (Fraser SCJ).

[395] Health Services, note 207.

[396] Fraser SCC, note 210, para 40. The Ontario Court of Appeal has recently considered Fraser in Mounted Police Association of Ontario v. Canada (Attorney General), 2012 ONCA 363.

[397] Fraser SCC, note 210, para 41.

[398] Fraser SCC, note 210, paras 101-102.

[399] Fraser SCC, note 210, para 107.

[400] Fraser SCC, note 210, para 117.

[401] Fraser SCC, note 210, para 99; Faraday, Fudge & Tucker, note 363, 49.

[402] Fraser SCC, note 210, para 40.

[403] Fraser SCC, note 210, para 41.

[404] Fraser SCJ, note 394, para 18.

[405] Fraser SCC, note 210, paras 109 and 110.

[406] Fraser SCC, note 210, para 112.

[407] Tucker, note 302.

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

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

[410] Cranford, et al, Self-Employed Workers, note 60, 187.

[411] DiCaro, Johnston & Stanford, note 368, 52.

[412] Cynthia J Cranford, et al, “Thinking Through Community Unionism” in Leah F Vosko, ed, Precarious Employment: Understanding Labour Market Insecurity in Canada (Montreal & Kingston: McGill-Queen’s UP, 2006), 359.

[413] 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.

[414] International Trade Union Confederation Constitution, note 413 art II(a).

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

[416] 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 351, 5 and 18-20.

[417] Occupational Health and Safety Act, note 111 s 21.

[418] Ontario, Legislative Assembly, Official Report of Debates (Hansard), 39th Parl, 2nd Sess, No 91 (8 March 2011), 4550 (Hon Charles Sousa). Online: http://www.ontla.on.ca/house-proceedings/transcripts/files_pdf/08-MAR-2011_L091.pdf.

[419] Dean Report, note 56, 47.

[420] “Regulatory Impact Analysis Statement” in Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 234.

[421] Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 234; 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.

[422] 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 employer’s expense.

[423] 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 234; For the federal government’s explanation, see Regulatory Impact Analysis Statement (2009) C Gaz, Vol 143, No 41. Online: http://canadagazette.gc.ca/rp-pr/p1/2009/2009-10-10/html/reg1-eng.html.

[424] Salimah Valiani, The Shift in Canadian Immigration Policy and Unheeded Lessons of the Live-in Caregiver Program (February 2009), 7 and 8. Online: http://www.ccsl.carleton.ca/~dana/TempPermLCPFINAL.pdf.

[425] Valiani, note 424, 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.

[426] Valiani, note 424, 14.

[427] Metropolitan Action Committee on Violence Against Women and Children, note 425, 4.

[428] Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009, note 227.

[429] 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.

[430] 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.

[431] “Regulatory Impact Analysis Statement” in Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers), note 234.

[432] 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.

[433] Consultation meeting with Caregivers’ Action Centre (28 February 2011) Toronto, Ontario; Consultation meeting with Chinese Interagency Network Labour Committee (6 May 2011) Toronto, Ontario.

[434] Consultation meeting with NOC C & D Temporary Foreign Workers.

[435] Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), note 227.

[436] The Worker Recruitment and Protection Act, SM 2008, c 23.

[437] 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 (HRSKDC, Manitoba’s “Worker Recruitment and Protection Act”). Online: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questions-answers/manitoba.shtml.

[438] HRSKDC, Manitoba’s “Worker Recruitment and Protection Act”, note 437, 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.

[439] 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.

[440] Citizenship and Immigration Canada, Backgrounders – Improvements, note 423.

[441] 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/research-news/research/publications/immigration-and-the-canadian-welfare-state-2011.pdf.

[442] 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.

[443] 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_self-employment_1997.pdf.

[444] 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.

[445] 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.

[446] LaRochelle- Côté, note 445, 6.

[447] Noack & Vosko, note 4, 8.

[448] Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 9.

[449] Cranford, et al, Self-Employed Workers, note 60, 177.

[450] Cranford, et al, Self-Employed, note 60, 9. Also see Vosko & Zukewich, note 61, 67.

[451] 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”).

[452] Kamhi & Leung, note 444, 4.

[453] 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 60, 5.

[454] LaRochelle- Côté, note 445, 7.

[455] 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 451, 582-583; LaRochelle-Côté, note 445, 5.

[456] 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 455, 621 (“Generally, the self-employed 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 self-employed.”).

[457] Fudge, “Fragmenting Work”, note 455, 621. See also: Rosemary A. Venne, “A Half Century of Work: Women in the Labour Force” (2004) 67 Sask L Rev 489.

[458] 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.

[459] Vosko & Zukewich, note 61, 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.

[460] Hughes, Gender and Self-Employment, note 458, 22.

[461] Hou & Wang, note 63, 4.

[462] Noack & Vosko, note 4, 8-9.

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

[464] Employment Standards Act, 2000, note 41, s 1(1).

[465] Parry & Ryan, note 465, 1-1.

[466] 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?”).

[467] Fudge, Tucker & Vosko, “Employee or Independent Contractor?”, note 466, 194.

[468] Employment Standards Manual Vol 1, note 265, 5-14.

[469] Parry & Ryan, note 465, 1-8; Employment Standards Manual Vol 1, note 265, 5-15 – 5-14.

[470] 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).

[471] Sagaz, note 470, para 47.

[472]Sagaz, note 470, paras 47-48.

[473] Employment Standards Manual Vol 1, note 265, 5-27.

[474] Employment Standards Manual Vol 1, note 265, 5-27.

[475] Labour Relations Act 1995, note 201 s 1(1).

[476] Workers’ Action Centre, Working on the Edge, note 75, 32.

[477] Consultation meeting with the Labour Committee of the Chinese Interagency Network (6 May 2011) Toronto, Ontario.

[478] Workers’ Action Centre, Working on the Edge, note 75, 16. Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 51.

[479] Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 51.

[480] Fudge, Tucker & Vosko, “Employee or Independent Contractor?”, note 466, 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 66, 94, 95, 105 and 119.

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

[482] Employment Standards Manual Vol 1, note 265, 5-23-and 5-39.

[483] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[484] Occupational Health and Safety Act, note 111; Workplace Safety and Insurance Act, SO 1997, c 16.

[485] Dean Report, note 56, 14; Vosko, et al, note 4, 45-47.

[486] Occupational Health and Safety Act, note 111 s 4.1(2).

[487] 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.

[488] 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.

[489] Occupational Health and Safety Act, note 111 s 9.

[490] Occupational Health and Safety Act, note 111 s 9(18)(a).

[491] Occupational Health and Safety Act, note 111 s 9(20).

[492] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[493] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[494] POA, note 331.

[495] 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.

[496] Farming Operations, O Reg 414/05.

[497] “‘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/jhsc/jhsc_1.php.

[498] Ontario Ministry of Labour, Health and Safety Act for Farming Operations (2006) (Ontario Ministry of Labour, Health and Safety Act for Farming). Online: http://www.labour.gov.on.ca/english/hs/pdf/farming_ohsag.pdf.

[499] Ontario Ministry of Labour, Health and Safety Act for Farming, note 498, 1.

[500] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[501] Dean Report, note 56, 6.

[502] Occupational Health and Safety Act, note 111; Workplace Safety and Insurance Act, note 484.

[503] Dean Report, note 56, 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.

[504] Dean Report, note 56, 46.

[505] Dean Report, note 56, 46.

[506] Dean Report, note 56, 46.

[507] Dean Report, note 56, 46-47.

[508] Dean Report, note 56, 47.

[509] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[510] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[511] Dean Report, note 56, 46.

[512] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[513] 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.

[514] Vosko, et al, note 4, 50.

[515] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[516] 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).

[517] Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011) St. Catharine’s, Ontario; Consultation meeting with workers; Consultation meeting with the Workers’ Compensation Network (29 April 2011) Toronto, Ontario; Consultation meeting with Windsor Legal Assistance (14 June 2011) Windsor, Ontario; Consultation meeting with the Agriculture Workers Alliance (AWA).

[518] Dean Report, note 56, 27-28.

[519] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario.

[520] Dean Report, note 56, 47-48.

[521] Consultation meeting with the Labour Committee of the Chinese Interagency Network (6 May 2011) Toronto, Ontario; Consultation meeting UFCW Canada (7 April 2011) Toronto, Ontario.

[522] Consultation meeting with the Labour Committee of the Chinese Interagency Network (6 May 2011) Toronto, Ontario.

[523] Consultation meeting with workers; Consultation meeting with the Agriculture Workers Alliance (AWA); Consultation meeting UFCW Canada (7 April 2011) Toronto, Ontario.

[524] Dean Report, note 56, 48; See also: Ontario Ministry of Labour, Industrial Sector Plan 2011-2012, note 516, 20 (where farming has been the industrial subsector with the second highest number of fatalities in Ontario between 2008-2010).

[525] Consultation meeting with Dignidad Obrera Agricola Migrante (DOAM) (8 May 2011) St. Catharines, Ontario; Consultation meeting with SAWP Workers.

[526] In the temporary foreign worker context see: Consultation meeting with workers and SAWP workers; 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 Windsor Legal Assistance (13 June 2011) Windsor, Ontario; Consultation meeting with the Agriculture Workers Alliance (AWA); DOAM Submission, 2 (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.

[527] Ontario Labour Relations Board Rules of Procedure, r 41; Occupational Health and Safety Act, note 111 s 50. See also: Ontario Ministry of Labour, Information for Workers and Employers About Reprisals, note 487.

[528] Occupational Health and Safety Act, note 111 s 50.1; O Reg 33/12 s 1.

[529] Dean Report, note 56, 47.

[530] Consultation with Ontario Ministry of Labour (10 May 2012) Toronto, Ontario; Safe at Work, No 10 (Ontario Ministry of Labour, March 2012). Online: http://www.labour.gov.on.ca/english/hs/sawo/pubs/issue10.php.

[531] Lippel, et al, note 47, 81.

[532] It should be noted that client employers could, nevertheless, be subject to penalties under the OHSA, in appropriate cases.

[533] Lippel, et al, note 47, 81.

[534] Ontario, WSIB Funding Review, Funding Fairness: A Report on Ontario’s Workplace Safety and Insurance System (2012), 77-90, Online: http://www.wsibfundingreview.ca/finalreport.php.

[535] Funding Fairness, note 535, 114.

[536] Vosko, et al, note 4, 88.

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

[538] James, et al, note 536, 166-167.

[539] James, et al, note 536, 166-170.

[540] James, et al, note 536, 186.

[541] James, et al, note 536, 187.

[542] 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.

[543] Dean Report, note 56, 55.

[544] Dean Report, note 56, 41 and 51-52.

[545] 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 employer-provided 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.

[546] 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.

[547] McLaughlin, “Falling Through the Cracks”, note 351, 5.

[548] McLaughlin, “Falling Through the Cracks”, note 351, 9.

[549] Consultation meeting with SAWP Workers; Consultation meeting with Agriculture Workers Alliance (AWA).

[550] Consultation meeting with SAWP Workers; Consultation meeting with Agriculture Workers Alliance (AWA).

[551] Law Commission of Ontario, Vulnerable Workers and Precarious Work Background Paper, note 10, 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.

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

[553] 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.

[554] Consultation meeting with Agriculture Workers Alliance (AWA) staff, Toronto, Ontario.

[555] Consultation meeting with the Workers’ Compensation Network (29 April 2012), Toronto, Ontario.

[556] 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).

[557] Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011) St. Catharines, Ontario.

[558] Consultation meeting with the Niagara Migrant Workers Interest Group (30 March 2011) St. Catharines, Ontario.

[559] Niagara Migrant Workers Interest Group Blog. Online: http://nmwig.blogspot.com.

[560] Hennebry, note 98, 23-25.

[561] An innovative model of providing support for migrant workers utilized by the UFCW is discussed in the section prior to Recommendation 27.

[562] 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.

[563] Zizys, note 17, 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 blue-collar 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 wage in most North American jurisdictions, a trend that is being reversed.

[564] OECD, Growing Income Inequality, note 26, 12.

[565] OECD, Growing Income Inequality , note 26, 12.

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

[567] LCO Consultation with Canadian Manufacturers and Exporters (11 May 2011) Mississauga, Ontario.

[568] LCO Consultation with Canadian Manufacturers and Exporters (11 May 2011) Mississauga, Ontario.

[569] 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.

[570] Centre for Workplace Skills, What We Do, note 568.

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

[572] 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-related-learning-profiles-of-effective-practices.html.

[573] Ontario Federation of Labour (OFL) Submission, 5-6 (on file with the LCO).

[574] 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.

[575] Cooke, Chowhan & Brown, note 573, 275.

[576] LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario.

[577] LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario.

[578] Lewchuk, Clarke & de Wolfe, note 14.

[579] Drummond Report, note 276, 277.

[580] Drummond Report, note 276, 278.

[581] Drummond Report, note 276, 285.

[582] Lewchuk, Clarke & de Wolfe, note 14, 285; An Act to Promote Workforce Skills Development and Recognition, RSQ, c D-8.3 s 3.

[583] 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.

[584] 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.

[585] Lewchuk, Clarke & de Wolfe, note 14, 286.

[586] Lewchuk, Clarke & de Wolfe, note 14, 286.

[587] Human Resources and Skills Development Canada, Sector Council Program Information. Online: http://www.hrsdc.gc.ca/eng/workplaceskills/sector_councils/information.shtml.

[588] 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.

[589] Drummond Report, note 276, 286.

[590] Lewchuk, Clarke & de Wolfe, note 14, 285.

[591] Drummond Report, note 276, 285.

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

[593] Drummond Report, note 276, 279.

[594] 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.

[595] Information provided by Ontario Ministry of Colleges, Training and Universities to the LCO.

[596] 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.

[597] Ontario Ministry of Colleges, Training and Universities, Second Career, note 595.

[598] Information provided to LCO by the Ontario Ministry of Training Colleges and Universities.

[599] LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario.

[600] LCO Consultation with the Ontario Federation of Labour (OFL) and Canadian Auto Workers (CAW) (5 April 2011) Toronto, Ontario.

[601] Information provided to LCO by the Ontario Ministry of Training Colleges and Universities.

[602] Drummond Report, note 276, 283.

[603] Drummond Report, note 276, 283.

[604] Drummond Report, note 276, 285.

[605] Drummond Report, note 276, 282.

[606] Drummond Report, note 276, 283.

[607] 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.

[608] 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) Toronto, Ontario.

[609] Ontario Women’s Directorate, Key Programs, note 607.

[610] 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 607.

[611] Ontario Women’s Directorate, Key Programs, note 607; Information provided by Ontario Women’s Directorate.

[612] Luin Goldring & PatriciaI 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.

[613] Luin Goldring & PatriciaI Landolt, Immigrants and Precarious Employment in the New Economy: Brief 3 York University Immigrants and Precarious Employment Project, 2009), 4. Online: http://www.arts.yorku.ca/research/ine/public_outreach/materials.html.

[614] LCO Consultation with Toronto Region Immigrant Employment Council (TRIEC) (18 May 2011).

[615] 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).

[616] LCO Consultation with Toronto Region Immigrant Employment Council (TRIEC) (18 May 2011).

[617] 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”).

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

[619] Ontario Ministry of Citizenship and Immigration, “Immigration Overview”, note 616, 6.

[620] Alexander, Burleton & Fong, note 100, 15-16.

[621] Drummond Report, note 276, 294.

[622] Froy & Giguère, note 561, 63.

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