If you’re finding it hard to keep track of changes in employment legislation lately, you’re not alone! Just one month after Ontario’s Working for Workers Five Act, 2024 received Royal Assent on October 28, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (“Bill 229”) on November 27, 2024.
If passed in its current form, Bill 229 will introduce further amendments to the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, with new leave entitlements, enhanced workplace safety standards, and other protections for workers. Here are the key changes being proposed.
1. Employment Standards Act, 2000: New leave entitlements
- Placement of a Child Leave
Employees who have been with their employer for at least 13 weeks will be entitled to up to 16 weeks of unpaid leave for the placement or arrival of a child into their custody, care, and control, whether through adoption or surrogacy. This would come into force on a day to be named by proclamation of the Lieutenant Governor and is in addition to the employee’s potential eligibility for parental leave under the ESA. - Long-term Illness Leave
Employees who have been employed for at least 13 consecutive weeks will be eligible for up to 27 weeks of unpaid leave if they are unable to perform their job duties due to a serious medical condition. To be entitled to this leave, a qualified health practitioner must issue a certificate confirming that the employee has a serious medical condition and setting out the period during which the employee will not be performing their duties. 1 Employees will be required to provide a copy of this certificate to their employer, if requested. This new provision will come into force six months after Bill 229 receives Royal Assent.
2. Occupational Health and Safety Act: Strengthening workplace safety
- Expanding CPO Powers
The province’s Chief Prevention Officer will have the authority to: assess and approve training programs delivered outside Ontario that are equivalent to already approved programs; establish new policies on general training requirements; and collect and use personal information to develop, monitor and evaluate a provincial occupational health and safety strategy and report on occupational health and safety. - Worker Trades Committees
Amendments will grant the Minister of Labour the power to require a constructor to establish a “worker trades committee” to provide for the composition, practice, and procedure of the worker trades committee These amendments will come into force on the later of January 1, 2025 and the day Bill 229 receives Royal Assent. - Personal Protective Equipment
Employers will be required to ensure that personal protective clothing and equipment are not only provided but are also a proper fit for the worker and suitable for the task at hand on the day that Bill 229 receives Royal Assent. - Stricter Fines for Corporate Offenders
Bill 229 will introduce a mandatory minimum fine for corporations convicted of offenses that lead to the death or serious injury of workers of $500,000 if convicted of repeat offences under the OHSA within a two-year period. This will come into effect six months after Bill 229 receives Royal Assent
3. Workplace Safety and Insurance Act: Enhanced protection for workers
- Cancer Presumptions for Firefighters
The changes will expand presumptions related to workplace injuries for certain firefighters and fire investigators and will include primary-site kidney cancer and primary-site colorectal cancer as conditions presumed to be caused by workplace exposure. - Insurance Fund Distribution
New provisions will allow the Workplace Safety and Insurance Board to distribute excess funds from the insurance pool to certain employers under Schedule 2. Additionally, immunity will be granted to the Board, its officers, employees, and the Crown in specific circumstances, protecting them from legal liability in certain situations.
What does this mean for employers and employees?
Bill 229 marks a further shift in the landscape of employment law in Ontario. With new leave entitlements, stricter safety standards, and improved workers’ compensation protections, both employers and employees must stay informed and adapt to these changes.
As we move into 2025, businesses and workers alike must take the time to understand the upcoming legal changes and ensure they are ready for them. Siskinds will continue to monitor the progress of Bill 229 and will report on important developments as they occur.
If you have any questions related to this blog post, contact myself, Izak Hersch at [email protected] or a lawyer in the Siskinds Labour & Employment department.
1 Bill 229 defines a “qualified health practitioner” as a person who is qualified to practice as a physician, registered nurse, or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee, or in the prescribed circumstances, a member of a prescribed class of health practitioners.