Note: More information to follow.
On October 28, 2024, the much-anticipated Bill 190, Working for Workers Five Act, 2024 received Royal Assent.
The statutes amended by Bill 190 include:
- Employment Standards Act, 2000 (ESA)
- Occupational Health and Safety Act (OHSA)
- Workplace Safety and Insurance Act, 1997 (WSIA)
- Building Opportunities in the Skilled Trades Act, 2021 (BOSTA)
- Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA)
- Ontario Immigration Act, 2015
The following are the key amendments employers need to be aware of and the dates on which these changes come into effect. Note: additional amendments made to the above Acts can be found here.
Employment Standards
Increased Fines
Into force at date of Royal Assent (October 28, 2024)
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- The maximum fine for individuals convicted of an offence for contravening the ESA or for failing to comply with an order, direction or other requirement under the ESA has increased from $50,000 to $100,000. This is the highest fine in Canada.
Sick Note Requirements
Into force at date of Royal Assent (October 28, 2024)
- Employers are prohibited from requiring an employee to provide a certificate from a qualified health care practitioner (i.e., sick note) as evidence of entitlement to ESA sick leave.
- Employers can still request another form of evidence that is reasonable in the circumstances, such as an attestation. Future ministry guidance will be developed to inform this.
Duty to Inform Applicants Interviewed
Into force at date to be named by proclamation
- If an employer interviews an applicant for a publicly advertised job posting, the employer must, within a period to be defined in regulation, provide the applicant with certain information, which will be defined in regulation.
- This information must be retained for three years from the date it is provided to the applicant.
- Publicly advertised job postings must include a statement disclosing whether the posting is for an existing vacancy or not, along with any additional information required by regulation.
- Exceptions to this requirement may be defined in regulation.
Confirming Vacancy in Job Postings
Into force at date to be named by proclamation
Occupational Health and Safety Act
Definition of Industrial Establishment
Into force at date of Royal Assent (October 28, 2024)
- The definition of Industrial Establishment has been revised to add, “other than an office located in a private residence” after the word “office”
- “Industrial establishment” means an office building, other than an office located in a private residence, factory, arena, shop or office, and any land, buildings and structures appertaining thereto;
- The definition of “workplace harassment” has been revised to expressly apply to virtual activities by adding, “including virtually through the use of information and communications technology” after “workplace”.
- “Engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome.”
- Posting requirements under the OHSA may be satisfied by providing workers with access to electronic copies.
- Information must be in a format that can readily be accessed by workers in the workplace.
- Employers are required to direct workers to where to access that information.
- Removed the requirement that joint health and safety committees meet at the workplace. Such meetings will be permitted to take place remotely.
- Postings of the names and work locations of committee members must be posted in a conspicuous place or places at the workplace where they are most likely to come to the attention of the workers or in a readily accessible electronic format.
- 3(1) “Except as is prescribed and subject to the conditions and limitations prescribed, this Act does not apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith.
- 3.1 (1) Despite subsection (1), this Act applies to telework performed in or about a private residence or the lands and appurtenances used in connection therewith.
- The definition of “washroom facility” is added to the Act.
- “washroom facility” includes a washroom, toilet facility, clean-up facility, urinal, shower or other similar facility, but does not include an eye wash station or emergency shower;
- Employers and constructors under the OHSA will be required to ensure washroom facilities provided for workers are maintained in a sanitary condition, and that records of cleaning are maintained and available.
Definition of Workplace Harassment
Into force at date of Royal Assent (October 28, 2024)
Electronic Posting Requirements
Into force at date of Royal Assent (October 28, 2024)
JHSC Meetings and Posting Requirements
Into force at date of Royal Assent (October 28, 2024)
Telework in Private Residences
Into force at date of Royal Assent (October 28, 2024)
The revised Act will apply to telework performed in or about a private residence.
We are in contact with the MLITSD to obtain further information on how this will apply. More information to follow.
Definition of Washroom Facility
Into force at date to be named by proclamation
Washroom Facilities
Into force at date to be named by proclamation
For further information or support, please reach out to a member of the HRPAR team.