The Working for Workers Five Act (Bill 190)

On October 28, 2024, Ontario’s Working for Workers Five Act (Bill 190) received Royal Assent, introducing significant amendments to several workplace-related statutes. This latest legislation continues the province’s efforts to improve working conditions in Ontario for both employers and employees.

Changes to the Employment Standards Act (the “ESA”)

• Sick Notes: Employers are prohibited from requesting a certificate from a qualified health care practitioner (i.e. a sick note) from an employee as evidence of entitlement to the ESA “sick leave.” This change aims to reduce the burden on employees and the healthcare system for minor illnesses.
• Increased Penalties: The maximum fine for individuals convicted of violating the ESA or failing to comply with an order has been doubled from $50,000 to $100,000. This significant increase reflects the government’s commitment to enforcing employment standards.

Future Changes to the ESA

Several amendments will come into force at a later date, including:

• Job Postings: Employers will be required to disclose whether a job vacancy exists in publicly advertised postings. This change will promote job transparency in the hiring process.
• Information Disclosure: Employers who interview applicants for publicly advertised positions must provide prescribed information within a specific time. This requirement is designed to improve communication and fairness in the hiring process.
• Recordkeeping: Employers will need to retain interview information for three years. This change will help ensure accountability and assist in potential dispute resolution.

Occupational Health and Safety Act (the “OHSA”)

Bill 190 includes four key amendments to the OHSA that impact employers’ policies and procedures. As of today, three amendments are currently in effect. Inspectors from the Ministry of Labour, Immigration, Training and Skills Development may visit the workplace and ask employers to show proof of compliance. This may be part of an inspection initiative or a worker’s complaint investigation.

Workplace Harassment

The definitions of workplace harassment and workplace sexual harassment have been expanded to include virtual activities, acknowledging the role of technology in modern workplaces. Virtual platforms include Teams, Zoom, or Google Meet, as well as social media platforms, including email, Facebook, LinkedIn, X (i.e., Twitter), etc.

All employees, managers, and supervisors should receive refresher training on handling virtual harassment so that everyone is aware of their responsibilities. As an extra precaution, everyone should be advised not to disclose personal information from social media to clients, vendors, students, etc.

Virtual Posting of Required Documents

Employers can now post various workplace health and safety documents electronically, including policies, committee member information, and the OHSA itself, for the workers’ benefit. If the employer decides to post these documents online, they must ensure that employees can easily access them through a computer and that the online platform is simple to locate and use.

Remote Joint Health and Safety Committee Meetings

Joint health and safety committee meetings can now be held remotely, providing greater flexibility. An inspector will ensure that all committee members have the opportunity to participate in the virtual meeting, have the tools and assistance necessary to attend, and document the meetings.

Future Changes to the OHSA

One significant OHSA amendment will come into effect at a later date:

• Washroom Facilities: Employers will be required to maintain clean and sanitary washroom facilities for workers and keep records of such cleanings. This change aims to improve workplace hygiene and worker well-being.

Takeaway

Since the new Bill 190 for Ontario’s Working for Workers Five Act, 2024, recently received assent and has now gone into effect, its impact on Canadian employment law will be significant as employers will need to review their policies and procedures to comply with these new regulations in place. While some changes are already in effect, others will be implemented in the future, giving employers time to prepare.

If you have questions or concerns regarding any of the updates mentioned above, we encourage you to contact employment lawyers, Sultan Lawyers, online or by telephone at 416-214-5111.