Working for Workers Six Act, 2024 (Bill 229)

The Ontario government has introduced the Working for Workers Six Act, 2024 (Bil 229), which has now received Royal Assent and will build on the previous five Working for Workers acts. It will amend the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”), and the Workplace Safety and Insurance Act (“WSIA”) and other legislations that will be discussed below. These changes were implemented to empower employees with protection and entitlements while raising standards for employers on safety, compliance and workplace management.

Employment Standards Act, 2000 (“ESA”)

The following amendment will come into effect on June 19, 2025:

Long-term illness leave

• Employees with at least 13 weeks of service are entitled to an unpaid leave of up to 27 weeks if they cannot perform their position duties due to a serious medical condition. However, this leave is conditional upon a certificate or note from a qualified medical practitioner (e.g., a doctor, registered nurse, or psychologist) confirming that the employee has a serious medical condition.

The following amendment will come into effect upon proclamation:

Placement of a child leave

• An employee who has been employed for at least thirteen (13) weeks is entitled to unpaid leave of sixteen (16) weeks if a child is placed in their care, custody, or control through adoption or surrogacy.

Ontario Health and Safety Act (OHSA)

The following amendments for Bill 229 introduce many changes which are now in force:

Increased minimum fines

• Bill 299 imposes a $500,000 fine on a corporation found guilty of a second or subsequent offence under the OHSA that results in the death or serious injury of a worker in two years. The maximum fine of $2,000,000 for a corporation that contravenes OHSA for either a first offence or any subsequent offence remains the same.

Additionally, there is an added requirement to ensure Personal Protective Equipment (PPE) is appropriate

• Bill 229 requires an employer to ensure that personal protective equipment (“PPE”) is provided, worn or used in a proper fit and appropriate for all body types. Future regulations are expected to be passed to help employers determine what is appropriate PPE.

Expanded authority of the Chief Prevention Officer (CPO)

Bill 229 gives the Chief Prevention Officer authority to:

• Assess and approve training programs which have been delivered outside of Ontario.
• Establish policies regarding training requirements under OHSA.
• Collect and use personal information to monitor or report on health and safety strategies and provide advice on preventing workplace injuries and occupational disease.

Power to order Worker Trades Committee

• Bill 229 gives the Minister the power to order a constructor to establish a worker trades committee at a project and to determine the committee’s composition, practice, and procedure.

Workplace Safety and Insurance Act

Bill 229 will amend WSIA and come into force upon proclamation.

• Establish presumptive coverage for firefighters and fire investigators regarding primary-site kidney cancer and colorectal cancer if the worker had at least ten years of service before being diagnosed.
• Create a new section 97.3 of WSIA to redistribute specific surplus amounts in the insurance fund back to a Schedule 2 employer that is a municipality.
• Provide immunity to the WSIB, its members, directors, officers, or employees from legal proceedings against them if they exercised their authority in good faith.

Other Amendments

Ontario Immigration Act (OIA), 2015

Require representatives to comply with any standards or requirements the Minister may prescribe.

• A new section stipulates that no person or body shall make misrepresentations or advise others to do so, falsely claiming that an applicant meets any prescribed criteria for approval. Non-compliance with this section constitutes an offence.
• The Minister may also impose such bans; representatives’ new minimum and maximum ban periods are specified.

Highway Traffic Act (HTA)

Drivers must slow down and proceed with caution when a work-related vehicle with flashing amber lights is stopped on a highway. The amendments require drivers to move into another lane if it is safe to do so when such a vehicle is stopped on a road with two or more lanes. These requirements do not apply in certain construction zones.

Skilled Trades Week Act 2024

The amendment adds that each year’s first week of November will be designated as Skilled Trades Week.

Implications on Employers

Although the Working for Workers Six Act, 2024, advances employee rights, it will now force employers to revise and review their policies and practices to ensure compliance with the new amendments and regulations outlined for 2025. Additionally, employers will have to be proactive in updating, revising, and removing certain policies they have been accustomed ensuring compliance. Employers may need to adopt new management systems to navigate these changes.

Takeaway

These amendments represent Ontario’s ongoing efforts to modernize and improve employee workplace standards. As these changes occur throughout 2025, we will see safety, management and employee training adjustments. Should you want to discuss any of the above-mentioned details further, as an employer or employee, we strongly encourage you to contact employment lawyers in Toronto, Sultan Lawyers, online or by telephone at 416-214-5111.