Digital Platform Workers’ Rights Act of 11 April 2022 including amendments by Working for Workers Four Act 2024

Rights regarding dispute resolution 12. All digital platform work-related disputes between an operator and a worker shall be resolved in Ontario.

Rights regarding reprisal 13. 1. No operator, and no person acting on the operator’s behalf, shall intimidate or penalize or attempt or threaten to intimidate or penalize a worker, (a) because the worker, (i) asks any person to comply with this Act, (ii) makes inquiries about his or her rights under this Act, (iii) files a complaint with the Ministry under this Act, (iv) exercises or attempts to exercise a right under this Act, (v) gives information to a compliance officer, or (vi) testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act; or (b) because the operator is or may be required, because of a court order or garnishment, to pay to a third party an amount owing by the operator to the worker. 

2. Onus of proof: In a proceeding for the contravention of this section other than a proceeding described in subsection (3), the burden of proof that a person did not contravene this section lies on that person. 

3. Exception: Subsection (2) does not apply with respect to the burden of proof in a review under section 48 of a notice of contravention of this section or the burden of proof in a prosecution for a contravention of this section.

Definitions 1. 1. In this Act, (…) “tip or other gratuity” means, (a) a payment voluntarily made to or left for a worker by a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be kept by the worker, (b) a payment voluntarily made to an operator by a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be redistributed to a worker, (c) a payment of a service charge or similar charge imposed by an operator on a person in such circumstances that a reasonable person would be likely to infer that the person intended or assumed that the payment would be redistributed to a worker, (d) such other payments as may be prescribed, but does not include, (e) such payments as may be prescribed, and (f) such charges as may be prescribed relating to the method of payment used, or a prescribed portion of those charges; (“pourboire ou autre gratification”).

Right to recurring pay period and pay day 8. 1. An operator shall establish a recurring pay period and a recurring pay day and shall pay all amounts earned during each pay period and all tips or other gratuities collected by the operator during each pay period no later than the pay day for that period. 2022, c. 7, Sched. 1, s. 8 (1). 

2. For the purposes of subsection (1), (a) a recurring pay period shall not exceed the prescribed number of days, if any; and (b) a recurring pay day shall be no later than the prescribed number of days, if any, after the end of the pay period. 2024, c.3, Sched.1, s.1. 

Right to minimum wage 9. 1. An operator shall pay workers at least the minimum wage payable under section 23.1 of the Employment Standards Act, 2000 for the class of employees set out in subparagraph 1 iv of subsection 23.1 (1) of that Act. 2022, c.7, Sched.1, s.9 (1). 

2. Same, determination: For the purposes of determining compliance with subsection (1), the following rules apply: 1. Minimum wage shall be paid for each work assignment performed by a worker. 2. Tips and other gratuities paid in respect of a work assignment shall not be included in determining compliance with subsection (1) for that assignment. 

3. Such other rules as may be prescribed apply in determining compliance with subsection (1). 2022, c.7, Sched. 1, s. (2). 

Right to amounts earned and tips and other gratuities 10. 1. An operator shall not withhold amounts earned or tips or other gratuities from a worker, make a deduction from an amount earned by a worker or a worker’s tips or other gratuities or cause a worker to return or give the amount earned by the worker or the worker’s tips or other gratuities to the operator unless authorized to do so under this section or in such circumstances as may be prescribed. 

2. Same, statute or court order: An operator may withhold or make a deduction from amounts earned by a worker or a worker’s tips or other gratuities or cause a worker to return or give them to the operator if a statute of Ontario or Canada or a court order authorizes it. 

3. Exception: Subsection (2) does not apply if the statute or order requires the operator to remit the withheld, deducted, returned or given amounts earned or tips or other gratuities to a third party and the operator fails to do so.

Right to notice of removal 11. 1. No operator shall remove a worker’s access to the operator’s digital platform unless the operator, (a) has provided the worker with a written explanation of why the access to the digital platform was removed; and (b) if access is removed for a period of 24 hours or longer, has given the worker two weeks’ written notice of the removal. 

2. Exception: Clause (1) (b) does not apply if the worker has been guilty of wilful misconduct or in such other circumstances as may be prescribed.

Records 14. 1. An operator shall record the following information with respect to each worker who accesses the operator’s digital platform for the purpose of accepting or declining to perform digital platform work: 1. The worker’s name and address. 2. Any dates on which the worker was given access to the operator’s digital platform for the purpose of performing work. 3. Any dates on which the worker’s access to the operator’s digital platform was removed or reinstated. 4. The dates on which the worker performed work assignments and the times that each work assignment started and finished. 5. Any amounts paid to the worker in respect of a work assignment, the dates the amounts were paid and a description of the payments, including any tips or other gratuities or other amounts included in the payment. 6. Such other information as may be prescribed. 

2. Retention of records: The operator shall retain or arrange for some other person to retain the records of the information required under this section for three years after the worker’s access to the digital platform is terminated. 

3. Availability for inspection: The operator shall ensure that the records required by this section are readily available for inspection as required by a compliance officer, even if the operator has arranged for another person to retain them.