On October 28th, 2024, Ontario Bill 190, the Working for Workers Five Act, 2024, received royal assent. This latest legislative move builds on the strong foundation laid by its four predecessors, aiming to create a more inclusive, supportive, and dynamic environment for workers across the province. In particular, the legislative changes have a prominent impact on remote workers.
Among other statutes, Bill 190 amends the Employment Standards Act, 2000, and the Occupational Health and Safety Act. This blog post explores the new legislative changes impacting employers and employees below. While many of the changes came into force as of October 28th, 2024, some will be brought into force in the future.
Schedule 2:
Amendments to the Employment Standards Act, 2000 (the “ESA”)
A. Job Posting: Every employer who publicly advertises a job posting will soon need to include a statement of whether the posting is for a vacancy or not and any such information as may be prescribed.
B. Duty to Inform Applicants Interviewed: When this part of the legislation comes into force, employers will have a duty to provide every applicant who was interviewed with prescribed information by a prescribed deadline. The exact information to be given and the deadlines are not currently outlined, and more information is expected to be released in the coming months.
C. Retention of Interview Information: Employers will also have to ensure that the information given to applicants as outlined above is retained for three years after the day the information was provided to the applicant.
D. Sick Leave: Employers are now prohibited from requiring a medical note from a qualified health practitioner for the first three days of sick leave as available under the ESA. Employers can still ask for reasonable evidence of illness, such as a brief explanation from the employee, but cannot require a formal medical note for the three days of unpaid sick leave provided by the ESA.
E. Increased Fines: Penalties for ESA infractions have increased from $50,000 to $100,000.
Schedule 4:
Occupational Health and Safety Act (the “OHSA”)
A. Increased Protections for Remote Workers: The OHSA now includes protections for teleworkers, ensuring safety standards under the OHSA now apply to work performed not only in the office, but also in private residences.
B. Harassment Protections Extended for Remote Workers: Workplace harassment, including sexual harassment, has been expanded to include conduct that occurs virtually.
C. Washroom Requirements: Employers will now be required to ensure washroom facilities are maintained in a “clean and sanitary condition” and that records are made available for the cleaning of washroom facilities.
D. Occupational Health and Safety Committees: Employers are now permitted to post the names and work locations of members of the workplace’s occupational health and safety committee in accessible electronic formats, and in places where this information is most likely to come to the attention of workers.
Conclusion
Ontario’s Working for Workers Five Act, 2024 enhances worker protections, in particular remote workers, by emphasizing inclusivity, flexibility, and support. Employers should take note to ensure that the conduct and procedures in their workplaces reflect the changes presented by Bill 190, and those which will come into force in the coming months.
This blog post was written by Colton Allen, Articling Student and Lori Philpott, a member of the Employment Law team. Lori can be reached at 613-369-0382 or at lori.philpott@mannlawyers.com.
