On October 28, 2024, the Ontario government’s latest new omnibus employment legislation, the Working for Workers Five Act (the “Act“) received Royal Assent and became law. As we wrote about in a previous update, the Act includes amendments to a number of Ontario employment laws, including the Employment Standards Act, 2000 (the “ESA“) and the Occupational Health and Safety Act (the “OHSA“). Some of these changes came into effect immediately on October 28, 2024, while others will come into effect on a date to be proclaimed in the future. We have outlined the key changes below.
Changes to the ESA
As of October 28, 2024, the following changes are now in effect:
- No Doctor’s Notes for Unpaid Sick Leave – Employers are now prohibited from requiring that an employee provide a certificate from a certified health practitioner as evidence to support an employee’s request to utilize the three days of unpaid Sick Leave available pursuant to Section 50 of the ESA;
- Increased Fine for Violation of ESA – The maximum fine for an individual convicted of violating the ESA has been increased from $50,000.00 to $100,000.00.
The following changes are not yet in effect, but will come into force on a date to be proclaimed in the future:
- Requirements for Publicly Advertised Job Postings – Employers will be required to include a statement in every publicly advertised job posting regarding whether the posting is for an existing vacancy and such other information as may be prescribed;
- Providing Information to Applicants for Publicly Advertised Job Postings – Employers who interview an applicant for a publicly advertised job posting will also be required to provide the applicant with prescribed information within a prescribed time period (at this time, we do not have additional information about what this might entail).
Changes to the OHSA
As of October 28, 2024, the following changes are now in effect:
- OHSA Applies to Telework Performed in Private Residence – The previous exception in Section 3 of the OHSA, which confirmed that work done by the owner, occupant or servant of the owner in or about a private residence is not covered by the OHSA, has now been amended to specifically confirm that the OHSA applies to telework performed in a private residence;
- Industrial Establishment Does Not Include a Home Office – Conversely, the definition of “industrial establishment” has been amended to indicate that this does not include any office in a private residence;
- Expansion of Harassment Definitions to Include Virtual Conduct – The definitions of “workplace harassment” and “workplace sexual harassment” have been expanded to make it clear that these terms include conduct which occurs virtually through the use of information and communications technology;
- OHSA, Health and Safety Policy and JHSC Member Details Can Be Posted Electronically: An employer is now permitted to post the names and work locations of joint health and safety committee members, its workplace health and safety policy, and a copy of the OHSA in a readily accessible electronic format instead of a physical posting;
- Location of JHSC Meetings: Joint health and safety committee meetings can now occur in locations other than the workplace, including remotely.
The following changes are not yet in effect, but will come into force on a date to be proclaimed in the future:
- Provision of Clean and Sanitary Washroom Facilities: An employer is required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition, and to maintain cleaning records as prescribed.
Key Takeaways
Employment laws are regularly changing and evolving, and it is crucial that employers stay on top of these changes to ensure they are in compliance with their legal obligations, and for employees to be aware of the rights and protections available to them. To help you achieve this goal, we will continue to monitor and provide updates on this Act and any other relevant legislation.
At Rudner Law, we have experience advising both employees and employers in the interpretation and application of statutes. If you have any questions about your situation or if you would like to get legal advice, please feel free to contact us.
