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Using tickets in employment standards inspections: Deterrence as effective enforcement in Ontario, Canada?

Published online by Cambridge University Press:  01 January 2023

Rebecca Casey ,
Eric Tucker ,
Leah F Vosko  and
Andrea M Noack
Rebecca Casey
Affiliation:
York University, Canada
Eric Tucker
Affiliation:
Osgoode Hall Law School, Canada
Leah F Vosko*
Affiliation:
York University, Canada
Andrea M Noack
Affiliation:
Ryerson University, Canada
*
Leah F Vosko, Political Economy of Gender and Work, York University, 618 Kaneff Tower, 4700 Keele Street, Toronto, ON M3J 1P3, Canada. Email: lvosko@yorku.ca
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Abstract

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of CAD295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by looking at this development in the broader context of employment standards enforcement and its historical trajectory. Then, using administrative data from the Ministry of Labour, we examine when and why tickets are issued in the course of workplace inspections. After demonstrating that even when ticketable violations are detected, tickets are issued only rarely, we explore factors associated with an increased likelihood of an inspector issuing a ticket. Finally, we consider how the overall deterrent effect of workplace inspections is influenced by the use or non-use of deterrence tools.

Keywords

J88Canadacompliancedeterrenceemployment standardslabour standardsOntarioticketsviolations
Type
Symposium Articles
Information
The Economic and Labour Relations Review , Volume 29 , Issue 2: Symposium: Wage Theft and Minimum Labour Standards Enforcement Part 2 , June 2018 , pp. 228 - 249
Copyright
© The Author(s) 2018

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