Written By Brendan Weiler and Carl Cunningham
On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent on October 28, 2024 (for more information on the legislative changes implemented by Bill 190, please see our previous update, More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent).
If implemented as it is currently drafted, Bill 229 will introduce further changes to Ontario’s employment-related legislation, including the Employment Standards Act, 2000 (the ESA) and the Occupational Health and Safety Act (the OHSA).
In this post, we review some of the key changes being proposed by Bill 229, which provincially regulated employers in Ontario will need to be mindful of if (and when) Bill 229 is passed.
Certain Proposed Changes to Ontario’s ESA
Bill 229 includes the following proposed amendments to the ESA:
- Placement of a Child Leave—a new unpaid leave of absence of up to 16 weeks for employees who have had a child come into their custody, care and control for the first time either through adoption or surrogacy. To be eligible for this new leave, an employee must have at least 13 weeks of service. This leave would be in addition to the employee’s potential eligibility for a parental leave under the ESA.
- Long-Term Illness Leave—a new unpaid leave of absence of up to 27 weeks for employees who cannot perform their duties because of a serious medical condition (which includes chronic or episodic conditions). To be eligible for this new leave, an employee must have at least 13 weeks of service and a “qualified health practitioner” (which includes a physician, registered nurse, or psychologist) must issue a certificate confirming that the employee has a serious medical condition and setting out the period during which the employee will not be performing their duties. Employees will be required to provide a copy of this certificate to their employer, if requested.
Certain Proposed Changes to Ontario’s OHSA
Bill 229 includes the following proposed amendments to the OHSA:
- Monetary Penalties—corporations convicted of repeat offences under the OHSA within a two-year period which resulted in the death or serious injury of one or more workers will face a mandatory minimum fine of $500,000.
- Employer Duties Regarding Personal Protective Equipment—employers will have a duty to ensure that any personal protective clothing and equipment that is provided, worn or used by employees is a proper fit and is appropriate in the circumstances, having regard to “all relevant factors” (including factors which may be prescribed by regulation).
- Expanded Chief Prevention Officer (CPO) Powers—the CPO will be permitted to:
- set criteria to assess whether a training program delivered outside of Ontario is equivalent to a program approved under the OHSA;
- establish policies regarding general training requirements under the OHSA;
- seek advice from a person or advisory committee appointed by the Ministry of Labour; and
- collect and use personal information for certain specified purposes (including to develop, monitor and evaluate a provincial occupational health and safety strategy, and to report on occupational health and safety).
Key Takeaways for Ontario Employers
As of the date of posting, Bill 229 has already had its Second Reading debated (and adjourned) and it is possible that Bill 229 will move swiftly through the legislature, as we have seen with other proposed amendments to Ontario’s employment-related legislation in previous years (i.e., the prior five Working for Workers Acts).
We will continue to keep a close eye on the status of Bill 229 and will provide updates as they become available. In the meantime, if you have any questions about any of the requirements discussed in this blog, or any of the other requirements introduced as part of Bill 229, please do not hesitate to contact any of the authors listed above or any member of the Bennett Jones Employment Services group.