Employers Take Action: Ontario’s Working for Workers Five Act, 2024 Now in Force and What to Expect in 2025

December 23, 2024

Rudy Ticzon

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (“Bill 190”) came into effect. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this article, we discuss the key amendments that will require employers to take action.

The passage of Bill 190 represents an historic shift in Ontario’s workplace safety and employee rights landscape. Some amendments took immediate effect, while others will come into force on a day to be named by proclamation, emphasizing the need for employers to stay alert and plan for change.

What Employers Need to Know

Following its royal assent, Bill 190 has ushered in significant changes that impact workplaces, amending key laws that impact all businesses across Ontario. Here’s what employers and employees need to know about these critical updates and how they may affect workplace practices:

The Employment Standards Act, 2000 (ESA)

Bill 190 introduces several new provisions to enhance worker rights and increase transparency in recruitment and leave policies.

• A key addition is the requirement for all publicly advertised job postings to disclose whether they are for an existing vacancy or simply creating a pool of candidates for future roles. This requirement, awaiting proclamation, is intended to increase transparency and fairness for job applicants.
• Another significant change is the introduction of a “duty to inform” for employers, which requires employers to provide job applicants with certain prescribed information after an interview to prevent “ghosting.”
• Also, effective immediately, employers are now prohibited from requiring a doctor’s note for ESA sick leave, although they may still request “reasonable” evidence of entitlement.
• The amendments also double the maximum fines for individuals violating the ESA, increasing the penalty from $50,000 to $100,000.

The Occupational Health and Safety Act (OHSA)

Bill 190 expands the scope of OHSA to better protect workers in both physical and virtual workplaces.

• The OHSA now applies to telework performed in or about a private residence, ensuring remote workers receive the same health and safety protections as those on-site.
• Employers are also allowed to conduct joint health and safety committee meetings remotely, which offers greater flexibility.
• The definition of “workplace harassment” has been broadened to include harassment that occurs virtually, covering incidents perpetrated through digital platforms.
• Also, employers can now fulfill posting requirements (such as posting copies of OHSA and health and safety policies) electronically, as long as the information is easily accessible to workers.
• An upcoming amendment, yet to be proclaimed, will mandate that employers maintain clean and sanitary washroom facilities, with potential additional regulations around washroom conditions.

Workplace Safety and Insurance Act (WSIA)

Bill 190 includes important changes to the WSIA, particularly concerning presumptive coverage for certain illnesses.

• Effective immediately, wildland firefighters and fire investigators are now covered under presumptive provisions for post-traumatic stress disorder (PTSD), acknowledging the mental health risks associated with their roles.
• Also, once proclaimed, the Act will extend presumptive coverage for primary-site skin cancer to designated firefighters and fire investigators with at least 10 years of service, further supporting these high-risk workers.

Key Takeaways

Employers should review their current policies, procedures and practices and revise accordingly so that they are in compliance with Bill 190’s requirements. This includes updating their sick leave, remote work, and health and safety policies to reflect the new ESA and OHSA rules.

In 2025, there will be a requirement for all publicly advertised job postings to disclose whether they are for an existing vacancy or to create a pool of candidates for future roles. Employers need to adapt their recruitment practices by increasing transparency around vacancies and providing job applicants with certain prescribed information after an interview.

Both employers and employees need to stay informed about these phased rollouts to ensure ongoing compliance. Organizations should keep an eye on official announcements by the Ontario government regarding the activation of remaining provisions.

The latest amendments underscore Ontario’s commitment to enhancing worker protections in a remote set up and ensuring employer transparency. Employers who proactively implement these changes will not only avoid penalties but can also foster a more supportive work environment.

 

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