Ontario Introduces Working for Workers Five Act, 2024

On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of April 24, 2024 and Human Resources Legislative Updates of April 29, 2024 and May 3, 2024.

Key proposed amendments are addressed below.

Employment Standards Act, 2000 (ESA)

If passed, Bill 190 would:

Require every publicly advertised job posting to include a statement on whether the posting is for an existing vacancy. This requirement may be subject to prescribed exemptions.
Require an employer who interviews an applicant for a publicly advertised job posting to provide the applicant with prescribed information within a prescribed time period. The earlier information provided by the government suggests this would include requiring a larger employer to respond to any applicant interviewed for a publicly advertised job posting. Related amendments would require an employer to retain copies of all prescribed information for three years after it was provided to the applicant.
Prohibit an employer from requiring an employee to provide a certificate from a qualified health practitioner as evidence of their entitlement to sick leave. The government has stated that “to maintain accountability in the office without creating unnecessary paperwork for healthcare professionals, employers can still request another form of evidence that is reasonable in the circumstances, such as an attestation. Future ministry guidance would be developed to inform this.”
Increase the maximum fine for an individual convicted of violating the ESA from $50,000 to $100,000.

Occupational Health and Safety Act (OHSA)

If passed, Bill 190 would:

Make amendments to expressly extend the application of the OHSA to a private residence where telework is performed. Additional amendments would exclude any office in a private residence from the definition of an “industrial establishment.”
Expand the definition of workplace harassment and workplace sexual harassment to include harassment that occurs in a workplace “virtually through the use of information and communications technology.”
Permit an employer to post information required to be posted under the OHSA in electronic format provided that workers are informed of where and how to access the information and it is posted in a format that is readily accessible to all workers.
Remove the requirement that any joint health and safety committee meeting occur in the workplace (i.e., such that it can occur remotely).
Require a constructor or employer to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition. The constructor or employer would also be required to maintain cleaning records, as prescribed. Additional regulations may modify or supplement the obligation to provide clean washroom facilities.

On the same day Bill 190 was introduced, the government filed O. Reg. 194/24 amending O. Reg. 213/91 (Construction Projects) made under OHSA. The amendment will require a constructor to ensure that menstrual products are provided at any project where work is expected to last three months or more and where 20 or more workers are regularly employed.

The menstrual products must include tampons and pads, must be clean and hygienic and must be provided at one or more locations, such that each worker will have reasonable access to a location that offers a reasonable amount of privacy. This regulatory amendment will come into force January 1, 2025.

Workplace Safety and Insurance Act, 1997

If passed, Bill 190 would:

Extend presumptive coverage for post-traumatic stress disorder to wildland firefighters and wildland fire investigators. Bill 190 would also introduce related transitional amendments.
Extend presumptive coverage to prescribed firefighters and fire investigators for primary-site skin cancer provided the worker had at least 10 years of service before being diagnosed.

Additional Statutory Amendments

If passed, Bill 190 would:

Amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to require a profession to have a policy to address what alternatives it will accept if an applicant does not have the documents of qualifications they would otherwise be required to provide to accompany an application. There are additional amendments that relate to the contents of the policy and the requirement that any policy or amended policy be approved by the Fairness Commissioner.
Amend the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 to require a profession to have a plan in place to address how it will enable multiple registration processes to take place concurrently. There are additional amendments that relate to the contents of the plan and the requirement that any plan or amended plan be approved by the Fairness Commissioner.
Amend the Ontario Immigration Act to provide that an individual appointed to conduct an internal review of a decision or order made under this legislation may delegate their powers or duties under that appointment.
Amend the Building Opportunities in the Skilled Trades Act, 2021 to provide that regulations may prescribe alternative criteria in lieu of an individual having the prescribed academic criteria otherwise necessary for an apprenticeship training agreement.

We will continue to monitor the progress of Bill 190 through the legislative process. In the meantime, please feel free to reach out to your regular Hicks Morley lawyer should you have questions about the changes proposed by Bill 190.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©

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