On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading.1 If passed in its current form, Bill 88 would enact the new Digital Platform Workers’ Rights Act, 2022 (DPWRA), and make amendments to the Employment Standards Act, 2000 (ESA), the Fair Access to Regulation Professions and Compulsory Trades Act, 2006 (FARPCTA), and the Occupational Health and Safety Act (OHSA). Bill 88 would come into force on the day it receives Royal Assent.
We discuss the developments proposed in Bill 88 below.
The DPWRA is set out at Schedule 1 Working for Workers Act 2. It would come into force on a day to be named by proclamation of the Lieutenant Governor. The DPWRA would establish foundational rights and protections for gig workers, which the bill describes as workers who provide “digital platform work,” i.e., ride share, delivery, courier or other prescribed services based on work assignments offered by an operator through a “digital platform,” defined as “an online platform that allows workers to choose to accept or decline digital platform work.”
Worker Rights
Right to Information
Within 24 hours after an individual is given access to a digital platform for the purpose of accepting or declining to perform digital platform work, they would have the right to be provided the following information in writing:
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