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4.6. Annex: Ontario Labour Legislation

  1. Overview
    1. On November 5, 1992, Ontario Bill 40 received royal assent. Included in the legislation were certain amendments to the Employment Standards Act (ESA) intended to protect the jobs and the level of benefits of workers who work primarily at one specific site to provide building cleaning, food and security services.
    2. Although the federal government is not bound by provincial legislation, contractors bidding on federal government work are subject to the Act and any amendments. Canada, as building owner, has an information-handling role under this legislation.
    3. Treasury Board Contracting Policy requires departmental contracting authorities to observe the intent of the Ontario labour legislation, and, in practice, to follow its provisions.
    4. On November 1995, Ontario Bill 7 received royal assent. It amended Ontario Bill 40 by repealing Part XIII.2, "Successor Employers", of the ESA and adding section 13.1 'Successor Employers'. The Ontario Regulation 138/96 sets out successor employer exemptions from compliance with Part XIV of the ESA(termination and severance provisions) and the type of information that building owners or managers may obtain from incumbent contractors and provide to prospective bidders or successor employers. The Employment Standards Act (R.S.O. 1990, c. E14) was repealed and replaced by the Employment Standards Act, 2000 (ESA 2000) and the Ontario Regulation 138/96 was superseded by Ontario Regulation 287/01. ESA 2000 came into force on September 4, 2001, and governs employment standards entitlements arising out on or after that date.
    5. Employment Standards Act, 2000 Section 77(1) applies to contracts for building cleaning, food catering and security services which are provided at a specific premise directly or indirectly by or to a building owner manager in the province of Ontario, and which commenced on or after 31 October 1995. Not included are construction, maintenance, such as snow removal, lawn care, window cleaning, and the production of goods, other than goods related to the provision of food services at the premises for consumption on the premises.
  2. Expiry of Existing Contract
    1. Contracting officers must obtain from the outgoing contractor the following information as set out in Ontario Regulation287/01 for each employee providing services at the premises, preferably four months before the completion date of the existing contract:
      1. the employee's name, residential address, and telephone number;
      2. the employee's job classification or job description, wage rate, benefits, average weekly hours and initial hire date;
      3. the number of weeks worked in the preceding 26 weeks (or a longer period if services were temporarily discontinued or an employee was on pregnancy or parental leave);
      4. a statement indicating whether the employee was not primarily employed at the premises during the 13 weeks before the request date or during the most recent 13 weeks of active employment.
      In addition to the above information, the contractor must provide, within seven days following a request from the contracting officer, an up-to-date copy of the collective agreement, or a copy of the union certificate or a copy of any pending union application if it exists.
    2. The information should be obtained by filling out form PWGSC- TPSGC 5116, Information on Incumbent Employees. Copies of the form could be attached to the letter proposed for obtaining information from the outgoing contractor. When contracts contain a provision for obtaining information, a suggested letter is provided for this purpose at Exhibit A 4.6.1: Proposed Letter - Requesting Information from Outgoing Contractor (with a clause). If contracts do not contain a provision for obtaining this information, the suggested letter at Exhibit B 4.6.2: Proposed Letter - Requesting Information from Outgoing Contractor (no clause)should be used.
  3. Bid Solicitation
    1. In accordance with the Ontario labour legislation, information concerning each employee of the previous supplier, with the exception of his/her name, residential address and telephone number, must be provided to potential bidders in the bid solicitation for building cleaning, food catering and security services.
    2. Contracting officers must include Standard Acquisition Clauses and Conditions (SACC) Manual clause A0075T in their bid solicitation. The clause informs the bidder of the requirements of Bill 7 and the purpose to which information required under Bill 7 should be used.
  4. Contract Award
    1. After contract award, the name, residential address and telephone number of each employee as they appear in the previous employer's records must be provided to the successful bidder.
    2. Contracting officers must include SACC Manual clause A0075C in their contract. The clause informs the contractor of its obligation to keep employee's records up to date and to provide the information, upon request, to the contracting officer, in accordance with the Ontario labour legislation.
    3. It is important to remember that there is no onus on the PWGSC to mediate between the outgoing and incoming contractors in the event that the information provided is incomplete or erroneous. If there are any difficulties, enquiries should be referred to the local Ontario Ministry of Labour offices for resolution.
    4. Performance problems require prompt follow up action and reporting, preferably in writing, to the contractor. Written reports should identify the location, date, situation or circumstances surrounding the performance difficulties. The contractor is responsible for remedying the situation or improving the performance as required.

Exhibit A 4.6.1: Proposed Letter - Requesting Information from Outgoing Contractor (with a clause)

()

Dear _______________(insert name of contractor),

As you are aware, contract ___________(insert contract no .) for the provision of ____________(insert type of building-related services) will expire on ____________(insert date).

Pursuant to the clause included in the above-noted contract, you are hereby required to provide, within seven days of the date of this letter, the following information with respect to your current employees at these premises and providing the services performed under this contract:

  1. the employee's name, residential address and telephone number;
  2. the employee's job classification or job description;
  3. the wage rate actually paid to the employee;
  4. a description of the benefits, if any, provided to the employee including the cost of each benefit and the benefit period to which the cost relates;
  5. the number of hours that the employee works in a regular work day and in a regular work week; or if the employee's hours of work vary from week to week, the number of the employee's non-overtime hours for each week that the employee worked during the thirteen (13) weeks before the date of the request for information;
  6. the date on which the employer hired the employee;
  7. any period of employment attributed to the employer under section 10 of the Act;
  8. the number of weeks that the employee worked at the premises during the twenty-six (26) weeks before the request date. The 26-week period must be calculated without including any period during which the provision of services at the premises was temporarily discontinued, or during which the employee was on leave of absence under Part XIV of the Act;
  9. a statement indicating whether:
    1. the employee's work, before the request date, included the provision of services at the premises, but the employee did not perform his or her job duties primarily at those premises during the 13 weeks before the request date; or
    2. the employee's work included the provision of services at the premises, but the employee was not actively at work immediately before the request date, and did not perform his or her job duties primarily at the premises during the most recent 13 weeks of active employment.

In addition to the above information, you are required to provide an up-to-date copy of the collective agreement regarding the employees at the premises, or, if no collective agreement exists for these premises, a copy of the union certificate regarding these employees or, if no union certificate was issued, a copy of any pending union application, if it exists.

You are also required to provide to the Contracting Authority with updated information if changes occur between the date the requested information to the Contracting Authority is provided and the expiry date of the contract.

All information must be provided using form PWGSC- TPSGC 5116 or any other form as directed by the contracting authority. With the exception of (a), this information will be provided to potential bidders for a future contract for these services relating to the premises. The name, residential address and telephone number of each employee must only be given to the successful bidder.

Signed by:

________________________
Contracting Authority

Exhibit B 4.6.2: Proposed Letter - Requesting Information from Outgoing Contractor (no clause)

()

Dear _______________(insert name of contractor),

As you are aware, contract ___________(insert contract no.) for the provision of ____________(insert type of building-related services) will expire on ____________(insert date).

Pursuant to the laws of the province of Ontario, you are hereby requested to provide the following information with respect to your current employees at these premises and providing the services performed under this contract:

  1. the employee's name, residential address and telephone number;
  2. the employee's job classification or job description;
  3. the wage rate actually paid to the employee;
  4. a description of the benefits, if any, provided to the employee including the cost of each benefit and the benefit period to which the cost relates;
  5. the number of hours that the employee works in a regular work day and in a regular work week, or if the employee's hours of work vary from week to week, the number of the employee's non-overtime hours for each week that the employee worked during the thirteen (13) weeks before the date of the request for information;
  6. the date on which the employer hired the employee;
  7. any period of employment attributed to the employer under section 10 of the Act;
  8. the number of weeks that the employee worked at the premises during the twenty-six (26) weeks before the request date. The 26-week period must be calculated without including any period during which the provision of services at the premises was temporarily discontinued, or during which the employee was on leave of absence under Part XIV of the Act;
  9. a statement indicating whether:
    1. the employee's work, before the request date, included the provision of services at the premises, but the employee did not perform his or her job duties primarily at those premises during the thirteen (13) weeks before the request date; or
    2. the employee's work included the provision of services at the premises, but the employee was not actively at work immediately before the request date, and did not perform his or her job duties primarily at the premises during the most recent thirteen (13) weeks of active employment.

In addition to the above information, you are required to provide an up-to-date copy of the collective agreement regarding the employees at the premises or, if no collective agreement exits for these premises, a copy of the union certificate regarding these employees or, if no union certificate was issued, a copy of any pending union application, if it exists.

With the exception of (a), this information will be provided to potential bidders for a future contract for these services relating to the premises. The name, residential address and telephone number of each employee must only be given to the successful bidder.

Your reply is requested no later than _____________(insert date).

Signed by:

________________________
Contracting Authority

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