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Ontario’s Working for Workers Five Act, 2024

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent.

The below changes are noteworthy for employers.

Changes to the Employment Standards Act, 2000 (ESA)

Now in Force

• Employers are prohibited from requiring employees to provide a certificate from a qualified health practitioner as evidence of their entitlement to a sick leave under the ESA.
• The maximum fine for an individual convicted under the ESA has been increased from $50,000.00 to $100,000.00.

To Come Into Force on a Date to be Proclaimed in the Future

• Every publicly advertised job posting will be required to include a statement disclosing whether the posting is for an existing vacancy, as opposed to creating a pool of applicants for a future vacancy. 
• An employer who interviews an applicant for a publicly advertised job posting will be required to provide the applicant with prescribed information within a prescribed time period.

Changes to the Occupational Health and Safety Act (OHSA)

Now in Force

• The OHSA now applies to telework performed in or about a private residence.
• 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.
• A joint health and safety committee meeting may occur remotely as opposed to physically in the workplace.
• 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.

To Come Into Force on a Date to be Proclaimed in the Future

• An employer is required to ensure that washroom facilities provided for workers are maintained in a clean and sanitary condition. The employer is also required to maintain cleaning records, as prescribed.

Changes to Workplace Safety and Insurance Act, 1997

Now in Force

• The presumption for post-traumatic stress disorder (PTSD) is extended to wildland firefighters and wildland fire investigators.

To Come Into Force on a Date to be Proclaimed in the Future

• The presumption for primary-site skin cancer is extended to prescribed firefighters and fire investigators, provided that the worker had at least ten (10) years of service before being diagnosed.

Reach out to our team at CCPartners for any questions and advice on implementing these amendments!

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