Module 7: Workplace Legislation

Question 1

The Employment Standards Act, 2000 (ESA)

Answer 1

The primary statute or legislation that governs the relationship between the employer and the employee in Ontario is The Employment Standards Act, 2000 (ESA). The ESA sets out the rights, responsibilities and obligations that employees and employers have within a workplace setting.

Question 2

List examples of what the ESA covers.

Answer 2

• Making Employment Standards Act information available to employees.
• Employment record keeping.
• Payment of wages, including minimum wage.
• Hours of work and overtime.
• Vacation time, vacation pay, and public (statutory) holidays.
• Employment exceptions for retail workers.
• Benefit plans.
• Different types of leave including pregnancy leave, parental leave, personal emergency
  leave, family medical leave, organ donor leave and reservist leave.
• Termination of employment including giving notice, termination pay and severance pay.
• Equal pay for equal work.
• The use of lie detector tests.
• Employment with exemptions or special rules.
• How to file a complaint or a claim under the Employment Standards Act.
• The role of the Ministry of Labour.

Question 3

The Labour Relations Act

Answer 3

the Labour Relations Act regulates the relationship between unions and employers. The Act deals with the process for the certification and decertification of unions, the collective bargaining process, mandatory grievance arbitration, and the process for strikes and lock-outs. The Act also delineates unfair labour practices.

Question 4

The Ontario Labour Relations Board

Answer 4

an independent tribunal whose mandate is to bring about fair and expedient resolutions to labour disputes. This is accomplished through the determination of the appropriate legislation that applies and the interpretation of that legislation to the particular dispute.

Question 5

The Ontario Human Rights Code

Answer 5

is in place to ensure that all Ontarians have equal rights and opportunities without discrimination in five key areas of daily life: Such as Employment. Housing. Contracts. Services, goods and facilities. Unions or occupational/professional associations.

Question 6

What is the goal of the human rights code?

Answer 6

The goal of the Ontario Human Rights Code is to prevent discrimination and harassment based on any of the following fifteen grounds.

Question 7

Discrimination

Answer 7

means unequal or different treatment, usually negative, of a person based upon one or more groups to which that person belongs rather than on that person’s individual merit. An example of discrimination is not hiring an individual for a job that he or she is capable of doing because he or she has a visible physical disability.

Question 8

Harassment

Answer 8

means repeated or consistent negative behaviour that is disturbing or troubling to the receiver of the behaviour, usually but not always done by one individual who has power over another individual.

Question 9

Sexual harassment

Answer 9

means repeated and consistent unwelcome behaviour with sexual connotations that is disturbing or troubling to the receiver of the behaviour, usually once again done by one individual who has power over another.

Question 10

What are the three agencies for administering the Ontario Human Rights Code?

Answer 10

1) Ontario Human Rights Commission.
2) Human Rights Legal Support Centre.
3) Human Rights Tribunal.

Question 11

The Ontario Human Rights Commission

Answer 11

an arm’s length agency of the provincial government, promotes, protects and advances human rights through research, education and policy development.

Question 12

The Human Rights Legal Support Centre

Answer 12

provides legal help to people who believe they
have experienced discrimination or harassment that falls under the Human Rights Code. The centre provides legal assistance in filing applications at the Human Rights Tribunal and legal representation at mediations and hearings.

Question 13

The Human Rights Tribunal

Answer 13

hears human rights cases and makes decisions about those cases.

Question 14

The Occupational Health and Safety Act

Answer 14

is legislation to govern how employees are to be kept safe in the workplace. The government has provided A Guide to the Occupational Health and Safety Act to help employers and employees implement the Act.

Question 15

What are The four sections to that Act that are of particular importance?

Answer 15

Section 25: Employer Responsibilities.
Section 27: Supervisor Responsibilities.
Section 28: Worker Responsibilities.
Section 43: Rights of Refusal.

Question 16

What is Bill 168 (2010) ?

Answer 16

Amendment to the Occupation Health and Safety Act Workplace Violence. This admendment was issued to address workplace violence. The amendment defined workplace violence and specified worker rights and responsibilities with respect to workplace violence and workplace harassment.

Question 17

workplace violence

Answer 17

The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. * An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker.

Question 18

workplace harassment

Answer 18

Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

Question 19

Workplace Safety and Insurance Act

Answer 19

in addition to promoting health and safety in the workplace, it is to mitigate the effects of workplace accidents and illnesses on employees and their families. This is done through providing compensation to employees who are injured in the workplace or to the families of employees killed in the workplace. The Act also covers employees affected by an occupational disease, a chronic and/or terminal condition that results from the employee’s occupation.

Question 20

How is Workplace Safety Insurance Board (WSIB) Funded?

Answer 20

WSIB is funded through premiums paid by employers.

Question 21

The Workplace Hazardous Materials Information System (WHMIS)

Answer 21

a national system for labelling controlled products that can be unsafe if not handled, stored, transported and disposed of properly.

Question 22

What are the three Components of WHMIS ?

Answer 22

1) The labelling system itself.
2) Material safety data sheets on the controlled products.
3) A system for ensuring employees are educated and trained on both the labelling system and product handling.

Question 23

What are the The two pieces of legislation that WHMIS addresses?

Answer 23

1) The Hazardous Products Act.
2) The Controlled Products Regulations.

Question 24

The Hazardous Products Act

Answer 24

which restricts the advertising, sale and importation of hazardous products.

Question 25

The Controlled Products Regulations

Answer 25

which set national standards for how hazardous workplace materials are classified.

Question 26

What body coordinates WHMIS?

Answer 26

WHMIS is coordinated by The National Office of the Workplace Hazardous Materials Information System which falls under the jurisdiction of Health Canada.

Question 27

Intellectual property rights

Answer 27

are similar to land or property ownership rights. Ownership is vested in a recognized person, persons, or corporation, and these ownership rights and/or use may be bought and sold, leased or rented, or provided free of charge.

Question 28

Copyright

Answer 28

means the right to make copies of something, for either personal or profit purposes. Copyright applies to creative work such as written texts like books and articles, photographs, video, other multimedia products and software. The legislation that governs copyright is The Copyright Act and Copyright Regulations.

Question 29

A trade-mark

Answer 29

Is a name, symbol, letter, shape or word, or a combination of any of these, used by an organization to distinguish that organization and its products from other organizations. Other things that can be trademarked include distinctive packaging and unique product shapes.

Question 30

Patents

Answer 30

are the exclusive right granted under federal legislation to the developer of something to exclusively manufacture, use or sell it for a certain number of years before competitors are allowed to do the same. The legislation that governs patents is The Patent Act and Patent Rules.

Question 31

An industrial design

Answer 31

is the shape, pattern or decoration used for a product or article that is manufactured. The legislation that governs industrial designs is The Industrial Design Act and Industrial Design Regulations.

Question 32

An integrated circuit topography

Answer 32

is layout and design of an integrated circuit product, which is a manufactured device made up of a series of layers of semiconductors, metals, insulators and other materials. The legislation that governs integrated circuit topography is The Integrated Circuit Topography Act and the Integrated Circuit Topography Regulations.

Question 33

Canadian Intellectual Property Office (CIPO)

Answer 33

Intellectual property issues are governed and administered at the federal level by Industry Canada, and more specifically, by the Canadian Intellectual Property Office (CIPO). This special agency completes all of the registration processes, if applicable, for each of the different types of intellectual property.

Question 34

The Copyright Office

Answer 34

part of the Canadian Intellectual Property Office, specifically handles the registration process for copyright applications and maintains records of all copyright registrations for public use.

Question 35

Copyright Symbol

Answer 35

The most widely used symbol with which ownership of a work is indicated is the small ‘c’ in a circle. This is then followed by the name of the person or organization claiming ownership and the year in which the work was produced.

Question 36

Public Domain

Answer 36

Work that is not copyrighted is considered to be in the public domain. anyone can use and reproduce work that is in the public domain.

Question 37

List the five copyright catergories

Answer 37

1) Literary works: books, articles, poems, lectures, computer software
2) Dramatic works: films, videos, plays, screenplays, scripts
3) Musical works: music only, music and lyrics
4) Artistic works: paintings, drawings, maps, photographs, sculptures, building designs, product designs
5) Recordings: records, cassette tapes, CDs, DVDs

Question 38

length of copyright

Answer 38

Copyright does not last forever. In Canada, the length of copyright is determined as: The Life of the Author + The remainder of the calendar year in which the author dies + 50 years.

Question 39

Infringement of copyright

Answer 39

occurs when a work is used or reproduced without the permission of the owner of the copyright. A specific type of copyright infringement is plagiarism, claiming that someone else’s work is your own.

Question 40

Moral rights

Answer 40

mean that no one is allowed to alter the work in a way that dishonours the creator, damages the creator’s reputation or goes against the intent of the work.

Question 41

Assignment

Answer 41

is the transfer of part or all of the copyright to another party for the whole term of the copyright or part of it. An assignment can also have territorial limitations on it; the person with the assignment can use the copyrighted work in a certain geographical area.

Question 42

A licence

Answer 42

gives another party permission to use the copyrighted work for certain purposes and under certain conditions.

Question 43

A royalty

Answer 43

is an amount paid to a copyright owner as a commission for use of the work.

Question 44

A tariff

Answer 44

is a fee that a user pays for using copyrighted material. Tariffs mostly apply to the transmission of television programming.

Question 45

The Copyright Board of Canada

Answer 45

is the government regulatory body empowered to regulate the use of copyrighted material.

Question 46

A collective

Answer 46

is an organization that collects royalties on behalf of the owners of creative works which belong to that collective.

Question 47

Freedom of Information

Answer 47

is defined as the right to access both personal and non-personal information, in any recorded format, that is held by a public or government organization.

Question 48

The Freedom of Information and Protection of Privacy Act

Answer 48

specifies which information held by provincial public and government organizations is accessible to the public as well as the procedure for securing this information.

Question 49

The Municipal Freedom of Information and Protection of Privacy Act

Answer 49

specifies which information held by the municipial government organization is accessible to the public as well as the procedure for securing this information.

Question 50

Whistleblowing

Answer 50

is used to describe an act in which an employee reveals confidential company information to authorities, or to the public, for the sake of public good. The following pieces of legislation have whistleblower considerations: The Criminal Code of Canada, The Environmental Protection Act, The Environmental Bill of Rights, The Occupational Health and Safety Act; and The Employment Standards Act.

Question 51

The Public Servants Disclosure Protection Act (PSDPA)

Answer 51

protects federal civil servants who reveal government wrongdoing. The legislation mandates two organizations to oversee and implement the legislation: the Office of the Public Sector Integrity Commissioner (PSIC) and the Public Servants Disclosure Protection Tribunal.

Question 52

Conflict of interest

Answer 52

is a situation in which an individual or organization in a position of trust, in either a public or private company, exploits that position of trust for personal benefit, usually financial.

Question 53

Bribery

Answer 53

is the giving of money or a favour to a person in a position of trust or power in order to influence that person’s views, decisions or behaviour in favour of the giver. Bribery is a crime covered by the Criminal Code of Canada.

Question 54

What type of law is the majority of legislation pertaining to engineering?

Answer 54

The majority of the legislation pertaining to how engineering work is to be completed is statute law. This statute law can be at the federal, provincial or municipal level. This statute law consists of Acts and then sets of codes and standards to put those Acts into action.

Question 55

List some Act’s that you must know the name of for the PPE.

Answer 55

The Canadian Environmental Protection Act.
The Ontario Environmental Protection Act.
The Ontario Environmental Bill of Rights.
The Ontario Green Belt Act.
The Ontario Building Code Act.
The Ontario Building Code.
The Ontario Heritage Act.
Ontario Municipal Affairs and Housing.
The Ontario Planning Act.
The National Fire Code of Canada.
The Ontario Electrical Safety Code.

Question 56

What are the Three basic approaches to managing the environmental aspects of any engineering work.

Answer 56

Crisis-oriented Environmental Management.
cost-oriented environmental Management.
Enlightened Environmental Management.

Question 57

Crisis-oriented Environmental Management

Answer 57

No full-time personnel in the company assigned to environmental concerns. Few resources are devoted to environmental concerns except when necessitated by a crisis or getting cited for breaking environmental standards or legislation.

Question 58

Cost-oriented Environmental Management

Answer 58

Adhering to environmental regulations is considered a cost of doing business by the company. Those costs are kept as low as possible within the constraints of the legislation.

Question 59

Enlightened Environmental Management

Answer 59

Environmental concerns are front and centre of what the company does.

Question 60

Cost Oblivious Approach

Answer 60

The act or legislation is essentially oblivious to cost considerations.

Question 61

Cost-Benefit Analysis (CBA)

Answer 61

Approach We divert resources to environmental causes only up to that point at which the resources can produce more overall human well-being if used elsewhere.