Working For Workers Six Act, 2024 (Bill 229)

The Ontario government recently passed the sixth instalment of its Working for Workers legislation, Working for Workers Six Act, 2024 (Bill 229), with Royal Assent granted on December 19, 2024. This newest instalment implements further amendments to several Ontario statutes impacting workers, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), the Workplace Safety and Insurance Act (WSIA), the Highway Traffic Act (HTA) and the Ontario Immigration Act.

As discussed in our previous blog on the fifth bill in the series, linked here, the Working for Workers series of legislation aims to provide a suite of changes to existing laws to help protect the health and well-being of Ontario workers. This sixth set of changes also seeks to give more money to Ontario workers through proposed changes, including a new parental leave, long-term illness leave, and expanded cancer coverage for firefighters and fire investigators. Below is a brief overview of some of the significant amendments.

Amendments to the Employment Standards Act, 2000

• Leave for Parents through Adoption, and Surrogacy
  • Employees who have been employed for at least 13 weeks will be entitled to up to 16 weeks of leave in a single period without pay when a child arrives into their care through adoption or surrogacy.
• Leave for Long-Term Illness
  • Employees who have been employed for at least 13 consecutive weeks are entitled to up to 27 weeks without pay if they are not performing the duties of their position because of a serious medical condition.
  • To be eligible for the leave, employees must provide a certificate from a qualified health practitioner that states that the employee has a serious medical condition and sets out the period during which the employee will not be able to perform the duties of their position due to that medical condition.
  • Where the certificate issued by the medical practitioner specifies a period less than 27 weeks, the employee will be entitled to take leave for only that specified number of weeks.

Amendments to the Occupational Health and Safety Act

• Expanded authority for the Chief Prevention Officer
  • The Chief Prevention Officer now has the authority to establish policies for general training requirements and establish criteria to assess training programs that were delivered outside of Ontario.
  • The Chief Prevention Officer also now can collect and use personal information that is necessary to monitor or report on health and safety strategies and provide advice on the prevention of workplace injuries.
• Fitted PPE Protection
  • Employers are required to ensure that PPE and personal protective clothing provided is worn or used and is a proper fit and appropriate in the circumstances.
• Minimum Fines for Offences
  • Where a corporation has committed a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period, there is now a minimum fine imposed of $500,000.

Amendments to the Workplace Safety and Insurance Act, 1997

• Expanded Cancer Coverage for Firefighters
  • There is presumptive coverage for certain firefighters and fire investigators who develop primary-site kidney and colorectal cancer if the worker had at least 10 years of service prior to being diagnosed.
  • In certain circumstances, the Workplace Safety and Insurance Board (WSIB) must allocate surplus WSIB funds to municipal employers responsible for providing benefits to firefighters eligible for presumptive coverage for primary-site colorectal cancers.
• Immunity in Legal Proceedings
  • WSIB, its members, directors, officers, and employees now can claim immunity in legal proceedings commenced against them if they were exercising their authority in good faith.

Other Notable Amendments

• The Skilled Trades Week Act, 2024 will come into force upon proclamation. This Act creates an annual Skilled Trades Week, which will begin on the first Monday in November each year.
• The Highway Traffic Act now requires drivers to slow down and change lanes when approaching a work-related vehicle with flashing lights that is stopped on a highway to protect road workers and maintenance crews.
• Amendments to the Ontario Immigration Act prohibit any person from making oral or written misrepresentations in an application under the Act that falsely allege an applicant meets the prescribed criteria for approval.

Key Takeaways

The legal landscape governing employment law in Ontario has changed rapidly over the last several years. The Working for Workers Six Act, 2024 is just the latest iteration of legislation that affords greater rights for employees. Employers are cautioned to remain cognizant of their obligations to their employees. Employers should ensure they are compliant with the new requirements from these amendments, which may require updating policies and procedures, enhancing training for human resources staff on leave entitlements, and ensuring PPE can be properly fitted for all employees. By planning proactively, employers can ensure that they comply with the new requirements and avoid any repercussions of failing to do so.