Ontario Working for Workers Five Act, 2024, Receives Royal Assent – What Impact Will It Have
on Employers and Employees?
On October 28, 2024, the Ontario Working for Workers Five Act, 2024, S.O. 2024, c. 19 – Bill 190
(the “Act”), received royal assent. This Act amends several pieces of legislation, including the
Employment Standards Act and the Occupational Health and Safety Act, among others. These
amendments aim to address the changing landscape of the working world, such as the rise of
remote working environments and new hiring practices.
Employment Standards Act
There are several amendments to the Employment Standards Act (the “ESA”) in the new Act.
These changes include:
1) A requirement that employers who publicly advertise job postings must state whether
there is an existing vacancy for the position. This new requirement may be subject to
some exceptions in the future. (This amendment shall come into force at a later date, to
be proclaimed by the Lieutenant Governor.)
a. This new requirement is aimed at doing away with the practice of employers using
job postings as market research, where there is no vacancy, but the employer
would like to gauge worker sentiment and interest.
2) A requirement that, after interviewing a candidate for a publicly advertised job posting,
employers provide certain information to the interviewee. The legislation does not
prescribe the specific information to be provided. (This amendment shall come into force
at a later date, to be proclaimed by the Lieutenant Governor.)
3) A requirement that employers retain copies of the prescribed information noted above
at item (2). (This amendment shall come into force at a later date, to be proclaimed by the
Lieutenant Governor.)
4) Employers are prohibited from requiring employees to provide them with a certificate
from a qualified health practitioner when the employee takes ESA sick leave. However,
employers can require that the employee who takes such leave give evidence to the
employer that is “reasonable in the circumstances”, in order to show that they are
entitled to take the sick leave.
5) The maximum fine for a conviction under the ESA has been increased from $50,000 to
$100,000.
Occupational Health and Safety Act
There are several amendments to the Occupational Health and Safety Act (the “OHSA”) in the
new Act. These changes include:
1) Employers can provide workers with electronic versions of workplace health and safety
information, including the names and work locations of members of their joint health and
safety committee, instead of being required to post them in the physical workplace.
2) Joint health and safety committee meetings can be held in places other than the physical
workplace, including remotely.
3) The OHSA now applies to remote work, including in a private residence and connected
areas, such as in a backyard or other areas around the private residence.
4) Provisions of the OHSA regarding workplace harassment and workplace sexual
harassment apply to communications that occur virtually.
5) Employers can post copies of the OHSA and related documents or information in a readily
accessible electronic format, instead of just in the physical workplace. As was the case
prior to the new Act, this information must be posted in English and in the language of
majority for the workplace.
6) Washroom facilities that are provided by the employer for use by employees must be
kept clean and sanitary. There may be further regulations that change or add to this
obligation. (This amendment shall come into force at a later date, to be proclaimed by the
Lieutenant Governor.)
Other Amendments
There are several other amendments included in this Act, including changes to the Fair Access to
Regulated Professions and Compulsory Trades Act, 2006 (the “FARPCTA”), the Ontario
Immigration Act, 2015, the Workplace Safety and Insurance Act, 1997 (the “WSIA”), and the
Building Opportunities in the Skilled Trades Act, 2021 (the “BOSTA”).
The changes to the FARPCTA relate to the documentation of qualifications that the regulated
profession requires an applicant to provide in their application to the profession. (These
amendments shall come into force at a later date, to be proclaimed by the Lieutenant Governor.)
The change to the Ontario Immigration Act relates to the delegation powers of appointees of the
Minister regarding internal reviews.
The changes to the WSIA relate to healthcare coverage for wildland firefighters and fire
investigators.
The changes to the BOSTA relate to academic standards requirements and the possibility of
satisfying alternative criteria for said standards.
Conclusion
The main goals of the amendments in the Act are to make Ontario’s employment and workplace
laws and regulations flexibly adapt to the changing landscape of work in the province, especially
with the rise of remote / virtual work. Several of the amendments aim to make the hiring process
more transparent for prospective employees, while changes attempt to improve the workplace
environment for workers, such as the prohibition on requiring doctors’ notes, the sanitation
requirements and the expansion of workplace harassment / sexual harassment regulations to
include remote workers.
Should you have any questions relating to the new piece of legislation, or other questions relating
to Employment Law, Employer Liability, or other legal questions, please feel free to reach out to
Walker Law. We are a downtown Toronto civil and commercial litigation firm, and we are
available to provide you with advice and advocate for you.