Ontario’s Working for Workers Six Act, 2024 [WFW6A] received royal assent on December 19, 2024. The WFW6A amends several key workplace statutes, including the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA] and the Workplace Safety and Insurance Act, 1997 [WSIA]. The WFW6A follows previous updates under the “Working for Workers” initiative, including the Working for Workers Five Act, 2024, which received royal assent October 28, 2024 and the Working for Workers Four Act, 2024, which received royal assent on March 21, 2024.

A summary of key amendments under the WFW6A that are of interest to employers is outlined below:

ESA Amendments

• Long-Term Illness Leave: Effective June 19, 2025, employees unable to perform the duties of their position due to a serious medical condition will be entitled to an unpaid long-term illness leave of up to 27 weeks. To qualify, employees must have at least 13 weeks of service and provide written notice as soon as possible. Employers may require a certificate from a qualified health practitioner to confirm eligibility.
• Parental Leave Expansion: On a date to be proclaimed, employees who become parents via surrogacy or adoption will be entitled to an unpaid parental leave of up to 16 weeks for employees who become parents via surrogacy or adoption. Employees must have at least 13 weeks of service with the employer and provide two weeks’ written notice. Employers may also request reasonable evidence to verify eligibility.

OHSA Amendments

The following health and safety legislation amendments are now in effect:

• Personal Protective Equipment: Employers are required to ensure that personal protective clothing and equipment is properly fitted for all employees.
• Increased Penalties: Corporations convicted of second or subsequent OHSA offences that result in worker deaths or serious injuries within a two-year period will face a mandatory minimum fine of $500,000.
• Chief Prevention Officer’s (“CPO”) Expanded Powers: The CPO now has authority to:
  • establish criteria to assess training programs from outside Ontario for equivalency with OHSA-approved training programs;
  • establish, amend, and revoke policies related to general OHSA training requirements; and
  • collect and use personal information to develop, monitor, or report on provincial health and safety strategies, or to provide guidance on preventing workplace injuries and occupational diseases.

WSIA Amendments

The following amendments will come into force on a date yet to be proclaimed:

• Presumptive Coverage Expansion for Firefighters: Firefighters and fire investigators will be presumptively covered for primary-site kidney cancer and primary-site colorectal cancer. Employees must have ten years of service prior to their diagnosis to be eligible.
• Surplus Fund Distribution: In certain circumstances, the Workplace Safety and Insurance Board will be required to distribute any surplus funds in the insurance fund among Schedule 2 municipal employers.

Takeaways

The WFW6A is yet another installment of statutory protections for employees. Employers should engage in the following best practices to ensure they are appropriately and proactively responding to these changes:

• Provide Necessary Workplace Training: Employers should provide workplace training, where applicable, to ensure all employees are informed of relevant statutory amendments. Employers should ensure their managers can explain any changes to workplace policies or practices.
• Stay Updated: Employers should be aware of important timelines relating to amendments already in force and those that will eventually come into force. 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 and upcoming statutory changes.

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

This information is not intended as legal advice.