Bill 190 Becomes Law: New Requirements for Employers in Ontario under the Working for Workers Five Act

On October 28, 2024, the Government of Ontario passed the Working for Workers Five Act, 2024 (Bill 190), which makes a series of notable changes to the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997.

Employment Standards Act, 2000 (“ESA”)

Sick Leave:

• Employers are no longer permitted to require employees to produce a medical certificate from a qualified health practitioner (i.e. a “sick note”) as proof of their entitlement to a sick leave under the ESA.
  
  NOTE: Employers retain the right to require employees to produce documentation and/or information to support their entitlement to a sick leave, other than a “sick note.”

Fines for Violations:

• Maximum fines applicable for violations of the ESA are increased for individuals have doubled from $50,000 to $100,000.

Job Postings and Information Disclosure: 

• For publicly advertised job postings, employers will need to include a statement disclosing whether the posting is for an existing vacancy, and such other information as may be prescribed. [not yet in force].

• Employers will need to provide applicants with certain prescribed information, and must retain copies of the information provided to the applicants for three (3) years from the date it was provided. [not yet in force].

Occupational Health and Safety Act (“OHSA”)

Workplace Harassment:

• The definitions of “workplace harassment” and “workplace sexual harassment” are updated to include certain virtual communications.

Remote/Tele Work:

• The Act now applies to remote/tele work performed in or about a private residence.

E-Posting:

• Employers may now post a copy of the OHSA (and any explanatory material) and their workplace health and safety policies in a readily accessible electronic format, rather than in the physical workplace.

Joint Health and Safety Committees (“JHSC”):

• JHSC meetings may now take place remotely, rather than in the physical workplace.

Washroom Access:

• Constructors and employers under the Act will be required to provide and maintain washroom facilities that are in a clean and sanitary condition. [not yet in force].

Workplace Safety and Insurance Act, 1997 (“WSIA”)

Firefighters/fire investigators:

• Presumptive coverage for PTSD is extended to wildland firefighters and wildland fire investigators.

• Presumptive coverage for primary-site skin cancer is extended to wildland firefighters and wildland fire investigators, provided they have ten (10) years of pre-diagnosis service. [not yet in force].