On October 28, 2024, Ontario’s Bill 190, Working for Workers Five Act, 2024 (Bill 190), received Royal Assent. Among other things, Bill 190 amends the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and Workplace Safety and Insurance Act, 1997 (WSIA). At this time, there have been no regulations published in connection with these amendments. 

ESA Amendments

The following amendments to the ESA are currently effective:

Sick Leave

An employer may not require an employee to provide a certificate from a “qualified health practitioner” as evidence that the employee is entitled to sick leave under the ESA; however, an employer will continue to be permitted to require an employee who takes sick leave to provide “evidence reasonable in the circumstances that the employee is entitled to the leave.”

The definition of “qualified health practitioner” under the ESA has also been expanded to include a psychologist.

Fines for Offences

Fines for individuals convicted of an offence under the ESA will be increased from a maximum of $50,000 to a maximum of $100,000.

The following amendments to the ESA will become effective on proclamation on a date in the future:

Advertised Job Postings

Employers that publicly advertise a job posting must include in the posting a statement disclosing whether the posting is for an existing vacancy or not, and such other information as may be prescribed. This requirement will not apply to a publicly advertised job posting that meets criteria that may be prescribed. Regulations establishing such prescribed information and criteria have not been published at this time.

Applicant Interviews

If an employer interviews an applicant for a publicly advertised job posting, the employer must, within the prescribed time period, provide the applicant with the prescribed information. At this time, there is no regulation outlining the prescribed time period and prescribed information.

An employer must retain, or arrange for some other person to retain, copies of all prescribed information for three years after the day the information was provided to the applicant.

Regulation-Making Authority

Regulation-making authority is added to:

• define what constitutes an interview for the purposes of Part III.1 of the ESA (Job Postings);
• define what constitutes compensation for the purposes of Part III.1 of the ESA (Job Postings); and
• prescribe the manner in which an employer must provide information to an applicant for a publicly advertised job posting.

OHSA Amendments

The following amendments to OHSA are currently effective:

Private Residences

OHSA applies to telework performed “in or around a private residence or the lands and appurtenances used in connection with” the private residence; and an “industrial establishment” excludes “an office located in a private residence.”

The application of OHSA to telework performed “in or around a private residence or the lands and appurtenances used in connection with” the private residence may be limited or made conditional by regulation; however, no such regulation has been published at this time. 

Workplace Harassment

The definition of “workplace harassment” and “workplace sexual harassment” is expanded to include harassment that occurs in a workplace “virtually through the use of information and communications technology.”

Joint Health and Safety Committees

The requirement that joint health and safety committees meet “at the workplace” is removed (i.e., to permit them to meet virtually).

A constructor or an employer may post committee information (e.g., names and work locations of joint health and safety committee members) in a readily accessible electronic format (i.e., instead of in the physical workplace).

Employee Information

The following information may be posted in electronic format (i.e., instead of in the physical workplace):

• a copy of OHSA and any explanatory material;¹ and
• a copy of the occupational health and safety policy.

Requirements for Information that May be Posted in Electronic Format

The employer must provide workers with direction on where and how to access the information.

The information must be posted in an electronic format that can be readily accessed by workers in the workplace.

The following amendments to OHSA will become effective on proclamation on a date in the future:

Washrooms

A constructor must ensure on a project, and an employer must ensure, that any washroom facilities they provide for the use of workers are maintained in a clean and sanitary condition, and keep, maintain and make available records of the cleaning of washroom facilities as prescribed. At this time, there are no regulations clarifying how constructors and employers should keep, maintain and make available records of the cleaning of washroom facilities.

Regulations may modify or supplement the obligation to maintain washrooms in a clean and sanitary condition and establish new or modified requirements with respect to washroom facilities; however, no such regulations have been published at this time.

WSIA Amendments

The following amendment to WSIA is currently effective:

Post-traumatic Stress Disorder (PTSD)

Wildland firefighters and wildland fire investigators are added to the list of workers presumed to be entitled to benefits under the insurance plan for PTSD arising out of and in the course of the worker’s employment.

The following amendment to WSIA will become effective on proclamation on a date in the future:

Firefighters

When firefighters and fire investigators suffer from and are impaired by primary skin cancer, the disease is presumed to be an occupational disease that occurs due to the nature of the worker’s employment as a firefighter or fire investigator, unless the contrary is shown, provided they were employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 10 years before being diagnosed.

Bottom Line for Employers

Despite the absence at this time of regulations that would clarify some of these amendments, employers are encouraged to review their workplace policies and procedures to determine how they can execute their new obligations under Bill 190. This is particularly urgent with respect to the amendments that are currently in force.