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Appendix E - Federal Contracts for Building Services in the Province of Ontario

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Published September 7, 1997.

1. Federal contracting authorities are required to observe the intent and follow the provisions of the Ontario legislation concerning the protection of jobs and the level of benefits of workers who work primarily at one specific site to provide building cleaning, food and security services.

2. Upon request by the building owner or manager, an employer providing the specified services shall provide the following information as set out in Ontario Regulation 138/96:

1. the name, address and telephone number of each employee;
2. the classification, wage rate, benefits, average weekly hours and initial hire date of each employee;
3. the number of weeks worked in the preceding 26 weeks or a longer period if services were temporarily discounted or an employee was on pregnancy or parental leave; and
4. a statement indicating which employees were not primarily employed at the premises during the preceding 13 weeks or during and employee's most recent 13 weeks of active employment.

3. Building owners or managers are required to give this information, excluding the names, addresses and telephone numbers of employees, to prospective bidders upon request.

4. Building owners or managers must provide the full list, including names, addresses and telephone numbers, upon the request of the successful bidder.

5. Such information shall be used only for the purposes of complying with the Employment Standards Act (ESA) and shall not be disclosed except as authorized by the Act.

6. The following are standard clauses drafted in accordance with the amended Ontario Employment Standards Act and may be used by departments when contracting for the services affected by the legislation. However, due to the specialized needs of individual departments, the Treasury Board Secretariat advises that departments seek guidance from their legal advisors before incorporating any of these clauses into their contracts.

Additional Conditions to the General Conditions

1. The requirements of Part II "General Conditions", section 13.1 of the Employment Standards Act of the Province of Ontario, apply to employers who, on or after October 31, 1995, begin to provide building services such as cleaning, catering or security at the premises, replacing another employer who was providing those services.

1. Where a successor employer (contractors) hires an employee of the previous employer who provided these services at the premises, the employee will be deemed to have continuous service, and all employment with the previous employer shall be counted for purposes of ESA entitlements for public holidays, vacations, pregnancy and parental leave, and termination and severance pay.
2. If the successor employer (contractors) does not hire an employee of the previous employer who provided services at the premises, the successor employer must comply with Part XIV of the Act (termination and severance provisions), subject to the following exemption in Ontario Regulation 138/96:
   1. successor employers (contractors) do not have to provide termination and severance to employees who do not have a substantial connection to the site. This includes the following:
      • employees whose duties were not primarily at the premises during the 13 weeks before the new contractor arrived;
      • employees who are temporarily away and whose duties were not primarily at the premises during the last 13 weeks when they worked; and,
      • employees who have not worked at the premises for at least 13 of 26 weeks before the successor takes over the contract.
3. If an employee was temporarily suspended or on pregnancy or parental leave, the 26 week period is extend by the amount of the time the employee was away.
   1. successor employers (contractors) do not have to provide termination and severance pay to employees who refuse a reasonable offer of employment. An employee's terms and conditions of employment with the previous employer is considered when determining whether or not the offer is reasonable.
4. If the successor employer (contractors) hires an employee of the previous employer, the previous employer shall pay the employee any accrued vacation pay.