On May 6, 2024, the fifth Working for Workers Act, Bill 190, also known as Working for Workers Five Act, 2024, was introduced.
On October 28, 2024, the Bill received Royal Assent, marking the fifth iteration of the province’s Working for Workers initiative. This legislation introduces a range of amendments to various employment-related statutes, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Workplace Safety and Insurance Act, 1997 (WSIA).
Many of Bill 190’s provisions are now in effect, while others will take effect through future proclamations.
The amendments to the ESA include:
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Job Posting Information: Employers must now include specific details in job postings: (1) whether the position is for an existing vacancy and (2) any other information prescribed by future regulations. The effective date for this requirement will be set by proclamation.
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Duty to Inform Candidates: Employers interviewing applicants for publicly advertised positions are required to provide certain information to candidates within a specified timeframe and retain it for three years. Regulations detailing this requirement have yet to be published, and its effective date will also be announced later.
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Sick Leave: Employers can no longer mandate that employees provide a certificate from a qualified health care practitioner to validate their entitlement to sick leave under the ESA. While employers may request "reasonable" information, the need for a formal 'sick note' has been eliminated. This change will come into effect through proclamation. The definition of “qualified health practitioner” has been expanded to include psychologists, and this change is already in force.
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Increased Penalties for ESA Violations: The maximum fine for individuals found to have breached the ESA has doubled from $50,000 to $100,000. This change is currently in effect.
The amendments to the OHSA include:
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Virtual Workplace Harassment: The definitions of “workplace harassment” and “workplace sexual harassment” now encompass harassment occurring through digital communication platforms. This change is effective immediately.
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Application to Remote Workers: The OHSA now applies to telework performed in private residences, a departure from the previous exemption for such settings. This new applicability may be subject to regulations yet to be published. The definition of “industrial establishment” has also been refined to clarify that a home office does not constitute an “industrial establishment” under the Act. These changes are now in force.
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Electronic Posting Requirements: Employers can now meet OHSA posting requirements by providing electronic access to information, as long as they direct workers on how to access it and ensure it’s readily available. The effective date for this requirement will be proclaimed later.
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Virtual JHSC Meetings: Joint health and safety committee meetings may now be held remotely rather than in person. This change is currently in effect.
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Washroom Facilities: Employers must maintain clean and sanitary washroom facilities for workers and keep cleaning records. This requirement will take effect upon proclamation.
The amendments to the WSIA include:
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Medical Coverage for Firefighters: Bill 190 extends presumptive coverage for occupational cancers, heart injuries, and post-traumatic stress disorder (PTSD) to wildland firefighters and fire investigators. Additionally, the years of service required for primary-site skin cancer coverage have been set to 10 years. These changes are effective immediately, subject to transitional provisions regarding qualification timing.
Implications for Employers:
Employers should proactively review their policies and practices, considering these new obligations.
For instance, the prohibition against requiring sick notes will necessitate reassessing documentation practices when employees request sick leave. Furthermore, existing workplace harassment policies must be updated to address virtual conduct explicitly.
The most significant alteration is the OHSA's expansion to include telework conducted in private residences. Employers must navigate their obligations under the OHSA, ensuring they take all reasonable precautions to protect workers in settings they do not control. A thorough review of telework policies and practices is essential to align with these new responsibilities.