FTR Now
Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent
Date: October 29, 2024
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Employment Standards Act, 2000 (ESA)
The following amendments are now in force:
- An employer is prohibited from requiring an employee to provide a certificate from a qualified health practitioner as evidence of their entitlement to ESA sick leave.
- The maximum fine for an individual convicted of violating the ESA is increased from $50,000 to $100,000.
The following amendments come into force on a date to be proclaimed in the future:
- Every publicly advertised job posting must include a statement on whether the posting is for an existing vacancy. This requirement may be subject to prescribed exemptions.
- An employer who interviews an applicant for a publicly advertised job posting must provide the applicant with prescribed information within a prescribed time period.
Occupational Health and Safety Act (OHSA)
The following amendments are now in force:
- The OHSA applies to telework performed in or around a private residence. Additional amendments exclude any office in a private residence from the definition of an “industrial establishment.”
- The definition of workplace harassment and workplace sexual harassment is expanded to include harassment that occurs in a workplace “virtually through the use of information and communications technology.”
- A constructor or employer is permitted to post the names and work locations of joint health and safety committee members in a readily accessible electronic format, rather than in the physical workplace.
- Joint health and safety committee meetings can now occur in locations other than the workplace (i.e., they can be held remotely).
- An employer may post its workplace health and safety policy in a readily accessible electronic format, rather than in the physical workplace.
- An employer may post a copy of the OHSA and any explanatory material in a readily accessible electronic format, rather than in the physical workplace. As was previously the case, this material must be posted in both English and the majority language of the workplace.
The following amendment comes into force on a date to be proclaimed in the future:
- A constructor or employer is required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition. The constructor or employer is also required to maintain cleaning records, as prescribed. Additional regulations may modify or supplement the obligation to provide clean washroom facilities.
Workplace Safety and Insurance Act, 1997
The following amendment is now in force:
- Presumptive coverage for post-traumatic stress disorder is extended to wildland firefighters and wildland fire investigators.
The following amendment comes into force on a date to be proclaimed in the future:
- Presumptive coverage for primary-site skin cancer is extended to prescribed firefighters and fire investigators, provided the worker had at least 10 years of service before being diagnosed.
Additional Statutory Amendments
Bill 190 makes additional amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, the Ontario Immigration Act, 2015 and the Building Opportunities in the Skilled Trades Act, 2021 that are discussed in our FTR Now of May 7, 2024.
Should you have any questions about the amendments introduced by Bill 190 and how they may impact your workplace, please contact your regular Hicks Morley lawyer.
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. ©
