Overview
Ontario Bill 190, the Working for Workers Five Act, 2024, received Royal Assent on October 28, 2024. This article reviews the resulting amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). For our prior summary of these amendments, please see our earlier post here.
Changes that came into force on October 28, 2024
Employment Standards Act, 2000
Under the ESA, the changes that are now in force are as follows:
No Note? No Problem. Employers are now prohibited from asking for a note from a qualified health practitioner when employees are taking sick leave. It is noteworthy (no pun intended) that this prohibition applies only to sick leave under the ESA.
Higher Fines. There are now increased maximum fines for convictions for an individual under the ESA. The limit has increased from $50,000 to $100,000.
Occupational Health and Safety Act
Under the OHSA, the main changes that are now in force are as follows:
Virtual Reality
- The definitions of “workplace harassment” and “workplace sexual harassment” are updated to include certain virtual activities.
- The OHSA now applies to “telework” (i.e. remote work) performed in or about a private residence.
- Employers may now satisfy their obligations under the OHSA to post certain required materials in the workplace, such as a copy of the OHSA, by posting these materials “in a readily accessible electronic format.”
Changes that will come into force later
Employment Standards Act, 2000
Under the ESA, the changes that will come into force later are as follows:
Anti-Ghosting Legislation. Employers who publicly advertise a job posting will be required to disclose whether there is a job vacancy. Employers will also be obligated to respond to all applicants who are interviewed for a publicly posted position. Ontario is the first province to enact this type of anti-ghosting legislation. These changes will come into force on proclamation by the Lieutenant Governor. The proclamation date is not yet known.
Occupational Health and Safety Act
Under the OHSA, the changes that will come into force later are as follows:
Construction Industry. New duties will be imposed upon constructors and employers with respect to the maintenance of workplace washroom facilities. These changes will come into force on proclamation by the Lieutenant Governor. The proclamation date is not yet known.
The article in this update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Legal LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Legal LLP.