Working for Workers Six Act Brings More Changes for Employers
December 13, 2024
| By
Lucas Mapplebeck
and
Emily Elder
Employment Standards
|
Occupational Health & Safety
|
Workplace Safety & Insurance
Bottom Line
As we previously wrote here, on November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (“Bill 229”) as the most recent installment in the “working for workers” legislation series. On December 12, 2024, Bill 229 passed in the legislature, leaving only the granting of Royal Assent before it passes into law. We expect that Assent to be given in the coming days.
Like the previous “working for workers” Acts, Bill 229 amends several employment-related statutes including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance Act, 1997 (“WSIA”). This article summarizes the changes that are most relevant for employers.
Amendments to the Employment Standards Act, 2000
Bill 229 amends the ESA by introducing two new long-term, job-protected leaves of absence, to align with federal employment insurance (EI) benefits:
- Placement of a Child Leave: Bill 229 establishes a new leave of absence that grants employees with at least 13 weeks of service up to 16 weeks of unpaid leave following the arrival or placement of a child into the employee’s care through adoption or surrogacy. The leave may begin no earlier than either six weeks before the date of the expected placement or the day that the placement occurs. The new unpaid leave must be taken as a single period and employees must provide two weeks’ notice before the leave begins, informing the employer as to the start and end dates of the leave. Employees have the right to modify the dates by delivering an amended notice. The employer may require evidence from the employee that is “reasonable in the circumstances” in support of the leave. The Placement of a Child Leave amendments reflect a new upcoming federal EI benefit. These provisions will come into force on a date to be named by the Lieutenant Governor.
- Long-Term Illness Leave: Bill 229 also creates a new Long-Term Illness Leave for employees with at least 13 weeks of service. This leave entitles eligible workers to take up to 27 weeks of unpaid leave if they are unable to perform their job duties due to a “serious medical condition”, which includes chronic or episodic health conditions. The employee must notify the employer of the leave in writing and as soon as possible. Employees must provide a certificate from a “qualified health practitioner” confirming the period during which the employee will be unable to perform their duties. The maximum leave period is the greater of 27 weeks or the period specified in the medical certificate. If the serious medical condition continues after the employee returns to work, within 52 weeks of the certificate’s issuance or the cessation of work due to the serious medical restriction, the employee may request an extension or a new leave provided that the total time off (within the 52 week period) does not exceed 27 weeks in total. Once the 52 weeks expire, the employee may request an additional Long-Term Illness Leave in accordance with the legislated eligibility requirements. The Long-Term Illness Leave provisions will come into force six months after Bill 229 receives Royal Assent.
Amendments to the Occupational Health and Safety Act
Bill 229 also amends the OHSA as follows:
- Authority for the Chief Prevention Officer: The Bill expands the authority of the Chief Prevention Officer by allowing them to:
- Establish criteria to assess and approve training programs delivered outside of Ontario for equivalency to those delivered within Ontario. Such approved programs are deemed an approved training program under the OHSA.
- Establish, amend or revoke policies related to general training requirements established under the OHSA.
- Collect and use personal information as reasonably necessary to help develop, monitor, or report on health and safety strategies aimed at preventing workplace injuries and occupational diseases. The Chief Prevention Officer is also now permitted to collect and use personal information as reasonably necessary to report on occupational health and safety generally and to provide advice to the Minister on the prevention of workplace injuries and occupational diseases.
- Worker Trades Committee: Bill 229 allows the Minister to order a constructor to establish a Worker Trades Committee for a project. The Bill also permits the Minister to provide for the composition, practice and procedure of any Worker Trades Committee established, and sets out specific factors that the Minister may consider in exercising this power.
- PPE: Bill 229 requires employers to ensure that any personal protective clothing and equipment (“PPE”) is properly fitted and suitable for the specific circumstances of each worker's role. Press releases suggest that this is aimed at ensuring that women and people with diverse body shapes are able to access PPE that fits them properly. In addition, the government now has the authority to make regulations regarding the assessment of PPE.
- Increased Corporate Fines for Subsequent Workplace Injuries: Under Bill 229, any corporation convicted of a second or subsequent offence under the OHSA, which results in the death or “serious injury” of one or more workers, now faces a minimum fine of $500,000. Neither the OHSA nor Bill 229 define “serious injury”.
Bill 229’s amendments to the OHSA related to Worker Trades Committee come into force on the later of January 1, 2025 or the day Bill 229 receives Royal Assent. The other OHSA amendments in Bill 229 will come into force on the day Bill 229 receives Royal Assent.
Amendments to the Workplace Safety and Insurance Act, 1997
Bill 229 amends the WSIA as follows:
- Presumptive Coverage for Firefighters and Fire Investigators: Bill 229 extends presumptive WSIB coverage for certain cancers affecting firefighters and fire investigators. The Bill recognizes primary-site kidney cancer and primary-site colorectal cancer as presumptively job-related diseases for firefighters and fire investigators who have at least 10 years of service before diagnosis.
- Municipal Employer Benefits: The Bill also includes provisions for the distribution of surplus amounts from the insurance fund to municipal employers under Schedule 2 of the WSIA, provided that certain requirements are met.
- Legal Immunity: Bill 229 provides immunity for WSIB or members of the Board of Directors, officers and employees of the WSIB and the Crown in the distribution of surplus.
Bill 229’s amendments to WSIA will come into force on a date named by proclamation of the Lieutenant Governor.
Other Statutory Amendments
In addition to the amendments outlined above, Bill 229 includes other legislative changes, such as:
- Highway Traffic Act: The Bill adds a requirement under the Highway Traffic Act for drivers to slow down and proceed with caution when a work-related vehicle with flashing lights is stopped on a highway. Drivers will need to move into another lane if possible where a work-related vehicle is stopped on a highway with two or more lanes.
- Ontario Immigration Act: Bill 229 amends the Ontario Immigration Act, 2015 to require representatives to comply with any standards or requirements that may be prescribed by the Minister. The Bill makes it an offence to make misrepresentations or submit a false document in an application under the Act. The Bill also grants the Minister power to impose a ban on an applicant for approval or acting as a representative or recruiter for up to five years in certain circumstances.
- Skilled Trades Week: The Ontario government will proclaim the first week of November each year as a “Skilled Trades Week”.
Takeaways
Now that it has passed through the legislative process, we expect Bill 229 to received Royal Assent and become law in the coming days.
Employers will want to carefully consider and prepare for the above changes, especially the new long-term leaves. Employers may also wish to review the PPE they have available, as well as their occupational safety protocols, in light of Bill 229’s changes to the OHSA. Counsel can advise on the implications of these amendments for your organization, as well as the effective implementation of any changes required to your workplace policies or protocols.
Need More Information?
For more information regarding the Working for Workers Six Act, 2024, contact Lucas Mapplebeck at lmapplebeck@filion.on.ca or your regular lawyer at the firm.
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