Ontario’s Working for Workers Act Five, 2024 (Bill 190) Receives Royal Assent

On October 28, 2024, Ontario’s Working for Workers Act Five, 2024 (Bill 190), received Royal Assent. It was introduced in the Ontario Legislature on May 6, 2024.

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The Ontario Government has once again taken a significant step in championing the rights and well-being of its workforce with the recent Royal Assent of the Working for Workers Act Five, 2024 (Bill 190). This landmark legislation builds upon the province’s ongoing commitment to create more balanced and equitable working conditions for Ontarians. In this article, we will delve into the key components of the Working for Workers Act Five, explore its implications for both employees and employers and discuss how it aims to reshape the labour landscape in Ontario for the better.

As the latest iteration of progressive labour reforms, the Working for Workers Act Five is a testament to Ontario’s dedication to fostering a fair and dynamic job market. With the Act now officially part of provincial law, workers across the province can look forward to enhanced protections and benefits that address the evolving demands of the modern workplace. Let’s take a closer look at what this means for the people of Ontario.

Bill 190 makes key changes to several existing statutes including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act, 1990 (OHSA), and the Workplace Safety and Insurance Act, 1997 (WSIA). The immediate and pending changes are highlighted below.

ESA

The following amendments to the ESA are now in effect:

• An employer is banned from requiring an employee to submit a certificate from a qualified health practitioner (e.g., family physician), as evidence of their entitlement to sick leave granted by the ESA.
• The maximum fine for violating the ESA has increased from $50,000 to $100,000.

The following amendments to the ESA will come into force at a date that will be proclaimed in the future:

• All publicly advertised job postings must include a statement declaring if the opportunity is for an existing vacancy (note that this requirement may be subject to certain exemptions that may be prescribed in the future).
• An employer who interviews an applicant for a publicly advertised job posting is required to provide that individual with prescribed information within a specified time period.

OHSA

The following changes to the OHSA are now in force. Note that these apply to both employers and construction companies (“constructors”):

• The OHSA now applies to remote work that is performed in or around a private residence. Additional amendments now exclude any office in a private residence from the definition of an “industrial establishment.”
• The definition of workplace harassment and workplace sexual harassment has been expanded to include any harassment that takes place in a workplace virtually through the use of information and communications technology.
• Joint health and safety committee meetings may now occur remotely, instead of exclusively in the physical workplace.
• Employers are permitted to post the names and work locations of joint health and safety committee members in a readily accessible electronic format, rather than exclusively in the physical workplace.
• Employers may post their workplace health and safety policy in a readily accessible electronic format, rather than exclusively in the physical workplace.
• Employers may post a copy of the OHSA (and any explanatory material) in a readily accessible electronic format, rather than exclusively in the physical workplace. All material must be posted in English, as well as the majority language of the workplace.

The following amendment to the OHSA will come into force on a date to be proclaimed in the future:

• Employers must ensure that washroom facilities provided for worker use are maintained in a clean and sanitary condition. Employers are also required to keep organized cleaning records. Additional regulations in the future may modify the obligation to provide clean washroom facilities.

WSIA

The following change to the WSIA is now in force:

• Presumptive coverage for post-traumatic stress disorder (PSTD) has been extended to wildland firefighters and wildland fire investigators.

The following amendment to the WSIA will come into force on a date to be proclaimed in the future:

• Presumptive coverage for primary-site skin cancer will be extended to prescribed firefighters and fire investigators provided the worker has at least 10 years of service before diagnosis.

Additional Changes

Bill 190 also 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:

• Professions must have a policy to address what alternatives they will accept if a job seeker does not have documentation of qualifications that they are required to provide with their application.
• Professions must have a plan in place to address how they will enable multiple registration processes to take place concurrently.
• An individual appointed to conduct an internal review of a decision or order made under Ontario Immigration Act, 2015, may delegate their powers or duties under that appointment.
• Regulations may prescribe alternative criteria in lieu of an individual having the prescribed academic criteria otherwise necessary for an apprenticeship training agreement.

Contact HR for any inquiries about the new legislation