Ontario’s Working for Workers Five Act, 2024—More Rules for Employers?

Quick Hits

• The Working for Workers Five Act, 2024 amended the Occupational Health and Safety Act’s definition of “industrial establishment” to exclude any office in a private residence, and the definitions of “workplace harassment” and “workplace sexual harassment” to include virtual activities.
• Under the Employment Standards Act, 2000, as amended, employers can require evidence for sick leave, but cannot demand a certificate from a qualified health practitioner.
• Key provisions of the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 include requiring regulated professions to have policies for acceptable alternatives to standard qualification documentation, plans for concurrent registration processes to avoid delays, and that these policies and plans must be reviewed and approved by the Fairness Commissioner.

Changes to the Occupational Health and Safety Act (OHSA)

• Under the Occupational Health and Safety Act (OHSA), the definition of “industrial establishment” excludes any office in a private residence.
• The definitions of “workplace harassment” and “workplace sexual harassment” now include virtual activities.
• The OHSA now applies to telework “performed in or about a private residence.”
• Employers can post electronically their workplace health and safety policy, a copy of the OHSA, the names and work locations of joint health and safety committee members, and any explanatory material, if it is in a readily accessible format for workers. Previously these items had to be posted in the physical workplace.

Additional amendments impose duties on constructors and employers to maintain clean washroom facilities meant to be used by workers, with records of cleaning. (This amendment comes into force on a date to be proclaimed in the future.)

Unless otherwise stated, the changes are now in force.

Changes to the Employment Standards Act, 2000 (ESA)

Employers can require evidence for sick leave but cannot demand a certificate from a qualified health practitioner.

The maximum fine for individual violations of the ESA is increased to $100,000 (previously $50,000).

Recordkeeping requirements are updated to include retention of interview information for three years. (This amendment comes into force on a date to be proclaimed in the future.)

New section 8.5 requires employers to disclose whether a job vacancy exists in publicly advertised postings. New section 8.6 requires employers to inform interviewees, within a specified time, if they are interviewing for an existing vacancy. (This amendment comes into force on a date to be proclaimed in the future.)

Changes to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006

Although the effective dates for the changes to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, have not been proclaimed, employers may want to prepare now for these changes. The three key provisions include the following:

• Regulated professions must have policies for acceptable alternatives to standard qualification documentation.
• Plans must be made to allow concurrent registration processes to take place in order to avoid delays.
• Policies and plans must be reviewed and approved by the Fairness Commissioner.

Ogletree Deakins’ Toronto office will continue to monitor developments and provide updates on the Cross-Border, Employment Law, Leaves of Absence, and Workplace Safety and Health blogs as additional information becomes available.

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