THE EMPLOYERS' EDGE
The Working for Workers Act, 2023 - Coming Soon to a Workplace Near You
On March 20, 2023, the Ontario government announced the expansion of the Working for Workers Acts, 2021 and 2022 through Bill 79 which aims to provide enhanced protection to vulnerable workers in Ontario through the amendment of various employment–related statutes. While the Bill has been referred to Standing Committee after Second Reading, all signs point to it receiving Royal Assent in the near term. Below we outline those amendments most pertinent to employers.
Employment Standards Act (ESA):
Enhanced Leave Protection for Military Reservists
Amendments to the military reservists leave provisions will allow reservists to have their job protected when they are deployed to emergency operations inside Canada even if it’s their first day at a new job, reduce the length of employment required for all other reasons from three (3) months to two (2) months, and expand the reasons for taking reservist leave to include where the employee may need additional time off to recover from physical or mental injuries.
Clarifying Remote/Home Worker Entitlement to Mass Termination Notice
The ESA currently provides enhanced procedural rights and longer statutory notice periods when 50 or more employees in the employer’s “establishment” are being terminated within the same 4-week period. The passing of Bill 79 would amend the term ‘establishment’ to include both employees working from home and employees working from the office/workplace location.
Enhanced Licensing Requirements for Agencies that Place Foreign Nationals
Bill 79 will amend the ESA by strengthening the licensing requirements for recruiters and third parties that assist in the recruitment of foreign nationals. The amendments focus on license applicants who have charged or collected a fee for placing a foreign national in violation of the EPFNA.
Occupational Health and Safety Act (OHSA):
Maximum Fine Limit Increased
The passing of Bill 79 would increase the maximum fine for a corporation convicted of an offence under the OHSA from $1.5 million to $2 million (the highest in Canada) so employers who undervalue or neglect workplace health and safety or view workplace injuries as a “cost of doing business” will face stiffer penalties upon conviction.
Employment Protection for Foreign Nationals Act (EPFNA):
Protecting Foreign Workers
Under the EPFNA, amendments will be made relating to the contravention of subsection 9 (1) or (2). Specifically, there will higher fines for employers who retain a foreign national’s passport or work permit. There will also be amendments to the ESA, which will create stricter measures for recruiters who recruit foreign nationals for work and charge fees, violating section 7 of the EPFNA.
Fair Access to Regulated Professions and Compulsory Trades Act (FARPACT): International Credential Recognition
Bill 79 will amend the FARPACT to advance international credential recognition and aim to remove barriers faced by internationally trained professionals. This means, clarifying whether a regulated profession in Ontario only accepts Canadian experience or whether alternative criteria is acceptable.
While these amendments are yet to receive Royal Assent, stay tuned for further updates on how Bill 79 may affect your workplace. Click here if you wish to read more about the proposed changes in the Working for Workers Act, 2023 from the Ontario Newsroom.
If you have any questions on how the passing on Bill 79 will affect your workplace, please reach out to the lawyers for employers at CCPartners for expert legal guidance and support.
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