On November 27, 2024, Ontario introduced its latest round of workplace law amendments – Bill 229, Working for Workers Six Act, 2024 (Bill 229). This legal update summarizes those proposed amendments.
Employment Standards Act, 2000
The following will come into force six months after the date that Bill 229 receives royal asset:
- Long-term illness leave. Employees that have been employed for at least 13 consecutive weeks will be entitled to an unpaid long-term illness leave of up to 27 weeks in which they are unable to work due to a serious medical condition. This leave corresponds to the 26-week EI sickness benefits period. Most provinces have already adopted, or are in the process of adopting, a similar long-term illness leave.
The following will come into force on a date to be named by proclamation:
- Adoption and surrogacy leave. Employees that have been employed for at least 13 consecutive weeks will be entitled to a 16-week unpaid leave when they become adoptive parents or parents through surrogacy (known as “placement of a child leave”).
Occupational Health and Safety Act (OHSA)
The following will come into force on the date Bill 229 receives royal assent:
- Fitted PPE. Employers will be required to ensure personal protective equipment (PPE) is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including such factors as prescribed. [NOTE: in news releases, the Ontario government has indicated that the intention of this new rule is to ensure PPE is properly fitted for women’s bodies and diverse bodies.]
- Mandatory minimum fine for multiple serious offences. Employers who are convicted of multiple serious offenses (resulting in a death or serious injury) under the OHSA in a two-year period will face a mandatory minimum fine of $500,000.
- Expanding CPO powers. Ontario’s Chief Prevention Officer (CPO) will have greater statutory powers, including establishment of standards for assessing training programs delivered outside Ontario, and establishment of policies regarding general training requirements under the OHSA. The CPO will be empowered to collect personal information reasonably necessary to fulfill its mandate.
The following will come into force on the later of January 1, 2025, and the day Bill 229 receives royal assent:
- Worker trades committees. The Minister of Labour will be empowered to order employers to create “worker trades committees,” to enable health and safety dialogue between tradespeople and employers on construction projects. The Minister of Labour may consider several factors when determining whether to require that a worker trades committee be established.
Highway Traffic Act
The following will come into force on a day to be named by proclamation:
- Road work safety. Rules requiring drivers to slow down and move over when passing emergency vehicles and tow trucks will be expanded to include “work-related vehicles” with flashing amber lights. Some of these new requirements will not apply to construction zones. Penalties for violation of these rules will be raised.
Workplace Safety and Insurance Act, 1997
The following will come into effect on a day to be named by proclamation:
- Expanded firefighter coverage. Requirements for presumptive benefits coverage for firefighters, fire investigators, volunteers and wildland firefighters will be reduced for primary-site kidney and primary-site colorectal cancers.
Under some circumstances, the Board will be required to distribute surplus Workplace Safety and Insurance Board funds to municipal employers who are liable to pay benefits for firefighters entitled to presumptive benefits coverage for primary-site colorectal cancers.
Ontario Immigration Act, 2015
The following will come into force on the day Bill 229 receives royal assent:
- Offence for misrepresentations. It will be an offence for any person to make or to counsel the making of a misrepresentation that an applicant meets any prescribed criteria for approval.
- Minister may ban applications. The minister may ban any person or body from:
- making an application for approval or acting as a recruiter for up to five years; or
- acting as a representative permanently if they have been convicted of a prescribed offence, or for a period of 3 to 10 years in any other case;
when the minister is satisfied on reasonable grounds that the person or body has contravened the Act or its regulations.
Skilled Trades Week Act, 2024
The following will come into effect on the day Bill 229 receives royal assent:
- Skilled Trades Week. The Skilled Trades Week Act, 2024 is created and proclaims the week beginning on the first Monday of November as the Skilled Trades Week.
Bill 229 is still making its way through Ontario’s Legislative Assembly. It is possible the above workplace law changes may be amended prior to the bill being passed. The Norton Rose Fulbright employment and labour team will monitor this legislation and provide further updates.
The author would like to thank Isabelle Deschênes, articling student, for her contribution to preparing this legal update.
