We published this a few weeks ago for the Thrive Community and wanted to share it here for all our fellow Ontario employers and HR professionals tackling the new changes.
The Working for Workers Five Act, 2024. Received royal assent on October 28, 2024.
Employment Standards Act Amendments:
In Force Now:
Employers are not permitted to require a medical certificate as evidence of entitlement to ESA Sick Leaves. You can still request a medical certificate to support extended absences, return to work, or accommodation requirements. Suggested Action: Review and update any policy that outlines a requirement to provide a medical certificate for entitlements listed under the ESA (Sick Leave – 3 days, Family Responsibility Leave – 3 days).
- The maximum fine for an individual violating the ESA has increased from $50,000 - $100,000.
Coming Soon (as a date to be proclaimed):
- Public job postings must include a statement on if the posting is for an existing vacancy.
- Employers who interview an applicant for a publicly posted job must provide the applicant with prescribed information within a set time period.
- Information must be retained for three year after the day the information was provided to the applicant.
Occupational Health & Safety Act Amendments:
In Force Now:
- The OHSA applied to telework performed in or around a private residence. Note: additional amendments exclude any office in a private residence from the definition of an “industrial establishment”. Suggested Action: Ensure that your hybrid and/or remote workers are trained in your Health & Safety policies and practices.
- The definition of workplace harassment and workplace sexual harassment is expanded to include harassment that occurs in a workplace “virtually through the use of information and communications technology.”
- Workplace harassment is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communication technology that is known or ought reasonably to be known to be unwelcome”.
- Workplace sexual harassment is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace including virtually through the use of information and communication technology because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. Suggested Action: Update your policies, programs, and associated training with the new definition.
- Employers are NOW permitted to post the names and work locations of joint health and safety committee members, workplace health and safety policy, and a copy of the OHSA and any explanatory material in a readily accessible electronic format rather than in the physical workplace. Note this information should be posted in both English and the majority language of the workplace. Suggested Action: Consider posting your Health and Safety information in an accessible location based on the nature of work.
Coming Soon (as a date to be proclaimed):
- Employers are required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition. This includes maintaining cleaning records.
Workplace Safety and Insurance Act, 1997
In Force Now:
- Presumptive coverage for post-traumatic stress disorder is extended to wildland firefighters and wildland fire investigators.
Coming Soon (as a date to be proclaimed):
- Presumptive coverage for primary-site skin cancer is extended to prescribed firefighters and fire investigators provided the worker had at least 10 years of service before being diagnosed.
Join the Thrive Community today for free access to Canadian legislative updates, resource-packed blogs, Thrive-in-5 training videos, downloaded tools, and more!
