In May 2011, the Ontario Government passed Bill 160, An Act to amend the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997 with respect to occupational health and safety and other matters (the "Amendment Act"). Although the Bill received royal assent in June 2011, it was not fully proclaimed at that time.

On April 1, 2012, several sections of the Amendment Act came into force, including the following:

  • Section 13 of the Amendment Act amended section 50 of the OHSA, which now provides an inspector the power to refer matters regarding reprisals to the Ontario Labour Relations Board if certain conditions are met.
  • Section 14 of the Amendment Act amended Part VI of the OHSA by adding a section regarding the functions and costs of the Offices of the Worker and Employer Advisors. 
  • Section 16 of the Amendment Act amended section 63 of the OHSA regarding the compellability of witnesses and production of documents.
  • Section 17(1) of the Amendment Act amended section 65(1) of the OHSA, which now provides immunity from civil proceedings to employees of the Offices of the Worker and Employer Advisors, in addition to employees of the Ministry of Labour acting in good faith.
  • Section 18(4) of the Amendment Act amended section 70(2) of the OHSA providing the Lieutenant Governor the power to make regulations respecting the functions of the Offices of the Worker and Employer Advisors.

These Amendments were introduced in response to the Tony Dean Report, which among other things recommended:

  • Shifting the prevention mandate to the Ministry of Labour from the WSIB;
  • Mandatory training for workers and health and safety representatives;
  • Expansion of powers for JHSC co-chairs to make direct recommendations to employer/constructor where committee fails to reach a consensus;
  • Establishment of a Prevention Council and Chief Prevention Officer;
  • Development of Codes of Practice for Accident Prevention; and
  • Powers to Inspectors to refer reprisals to the Ontario Labour Relations Board.

Bill 160 also gave the Ministry of Labour power to implement additional changes recommended by the Tony Dean Panel. For example, although Bill 160 amendments set out requirements for mandatory training for new workers and health and safety representatives, the training standards and approved trainers will be established by the Prevention Council once it is fully operational. We expect that the Prevention Counsel will also be responsible for the development of the Codes of Practice that will assist employers and constructors with meeting the specific health and safety requirements set out in the regulations.

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