On October 28, 2024, the Working for Workers Five Act received Royal Assent. The Act introduces several amendments to workplace legislation including the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA] and the Workplace Safety and Insurance Act, 1997 [WSIA]. This is the latest development in a series of statutes enacted by the Ontario government, including the Working for Workers Four Act, which received Royal Assent on March 21, 2024.

Amendments in force

ESA Amendments – Effective as of October 28, 2024:

• Employers are now prohibited from requiring workers to provide sick notes as evidence of their entitlement to three unpaid days of sick leave under the ESA. Despite this change, employers can still request other evidence of entitlement to statutory sick leave, such as a written attestation from an employee confirming they are absent due to illness. Employers are not prevented from requiring notes from medical professionals when an employee is absent and has used up their three unpaid sick days per calendar year, regardless of whether these three unpaid days are used consecutively or at different times throughout the year.
• The definition of “qualified health practitioner” under the ESA has been expanded to include psychologists.
• The maximum fine for individuals convicted of violating the ESA has increased from $50,000 to $100,000.

OHSA Amendments – Effective as of October 28, 2024:

• The definition of “workplace harassment” and “workplace sexual harassment” has been expanded to include virtual harassment that occurs “through the use of information and communications technology.”
• Employers may now satisfy the posting requirements under the OHSA by providing electronic copies. To remain compliant, employers must ensure workers are informed where to access information and that the information is readily accessible by all workers.
• The OHSA now applies to telework performed in or about a private residence, meaning that employees working remotely are now captured under the OHSA.
• Joint health and safety committee meetings can now be held remotely.

WSIA Amendments – Effective as of October 28, 2024:

• Wildland firefighters and fire investigators now have presumptive benefits coverage for post-traumatic stress disorder resulting from their employment.

Forthcoming amendments, effective on a date to be proclaimed

ESA:

• Employers posting publicly advertised job postings will have to disclose whether the position is vacant or not. Additional information required to be disclosed, and exceptions to this requirement will be defined in future regulation.
• Employers who interview applicants for publicly advertised job postings will be required to provide applicants with certain information within a specific timeframe, both of which are to be defined in future regulation. Additionally, employers will be required to retain this information for three years from the date it was provided to the applicant.

OHSA:

• Employers will be obligated to ensure that any washroom facilities provided for use by workers are kept in clean and sanitary condition. Employers will also be required to maintain and make available cleaning records for washrooms.

WSIA:

• Firefighters and fire investigators will have presumptive coverage for primary skin cancers occurring as a result of employment. To qualify for presumptive coverage, fire fighters and fire investigators must be employed full-time, part-time, or have served as a volunteer for at least 10 years prior to diagnosis.

Takeaways for Employers

The Working for Workers Five Act, 2024 is the fifth installment of statutory interventions by the provincial government to mandate additional protections for employees in the last three years. Employers would be well advised to follow these best practices to ensure that they are appropriately responding to changes:

• Stay Updated: Employers should be aware of amendments already in force and those that will come into force at a later date yet to proclaimed by the provincial government. Employers should keep track of when the various amendments come into effect and take note that further details that have yet to be announced. We will continue to monitor legal developments to help employers stay up to date.
• Review and Revise Policies and Agreements: Employers should assess workplace policies and employment agreements to ensure they align with recent legal changes.
• Provide Necessary Workplace Training: Employers should provide workplace training, where applicable, to inform all employees of relevant statutory amendments and explain any changes to workplace policies or practices.

For further insights on the amendments, read our previous blog on this topic.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.