Ontario’s Working for Workers Five Act

On May 6, Ontario’s government introduced Bill 190, Working for Workers Five Act, 2024 for first reading. As with previous “Working for Workers” legislation, Bill 190 amends several workplace law statutes in an omnibus format. 

The statutes amended by Bill 190 are:

• Employment Standards Act, 2000 (ESA)
• Occupational Health and Safety Act (OHSA)
• Workplace Safety and Insurance Act, 1997
• Building Opportunities in the Skilled Trades Act 2021
• Fair Access to Regulated Professions and Compulsory Trades Act, 2006
• Ontario Immigration Act, 2015

Relative to other recent “Working for Workers” legislation, this instalment contains numerous changes. Many of these are technical or focused on narrow applications. Only a few generally apply to all employers in the province – summarized in this update. 

New ESA provisions

If Bill 190 is passed, the following changes will occur on the date it receives royal assent:

• Prohibition on sick note requirements. Employers will be prohibited from requiring an employee to provide a certificate from a qualified health care practitioner (i.e. a sick note) as evidence of entitlement to ESA sick leave. The Ontario government has indicated in its news releases that employers will retain the discretion to require some other form of evidence of employee eligibility for sick leave.
• Increased fines. The maximum fine for individuals convicted of an offence for contravening the ESA or for failing to comply with an order, direction or other requirement under the ESA will increase from $50,000 to $100,000.  

If Bill 190 is passed, the following changes will occur on a date to be named by proclamation:

• Confirming vacancy in job postings. Publicly advertised job postings must include a statement disclosing whether the posting is for an existing vacancy or not, along with any additional information required by regulation. Exceptions to this requirement may be defined in regulation.

It worth noting this requirement is the fourth proposed rule for job postings made by the Ontario government this year, in addition to three proposed in the Working for Workers Four Act, 2024. Those relate to pay transparency, prohibiting “Canadian experience” requirements, and disclosing use of artificial intelligence in the recruiting process. For more information see our update Bill 149, Working for Workers Four Act, 2023 proposes further changes to Ontario workplace laws.

• Following up with interviewees. If an employer interviews an applicant for a publicly advertised job posting, the employer must, within a period to be defined in regulation, provide the applicant with certain information, which will be defined in regulation. This information must be retained for three years from the date it is provided to the applicant.

New OHSA provisions

If Bill 190 is passed, the following changes will come into effect on the later of July 1, 2024, and the date Bill 190 receives royal assent:

• Updating the definition of workplace harassment. The definitions of “workplace harassment” and “workplace sexual harassment” will be revised to expressly apply to virtual interactions through information and communications technology.
• Electronic posting. Posting requirements under the OHSA may be satisfied by providing workers with access to electronic copies, so long as workers are directed where to access that information and the information is in a format that can readily be accessed by workers in the workplace.
• Remote joint health and safety committee meetings. The requirement that joint health and safety committees meet at the workplace will be removed, permitting such meetings to take place remotely.
• OHSA application to telework. A clarification will be added to the OHSA indicating that the legislation applies to “telework” performed “in or about a private residence or the lands and appurtenances used in connection therewith.”

If Bill 190 is passed, the following changes will come into effect on a date to be named by proclamation:

• Washroom facilities. Employers and constructors under the OHSA will be required to ensure washroom facilities provided for workers are maintained in a sanitary condition, and that records of cleaning are maintained and available.

Bill 190 is still making its way through Ontario’s Legislative Assembly, so the above changes may be modified prior to the bill being passed. Stay tuned for further updates.