On November 27, 2024, the Government of Ontario announced the next installation of the Working for Workers Act, aptly titled the Working for Workers 6 Act (the “Act”). If passed, the Act proposes changes to the Occupational Health and Safety Act (the “OHSA”), the Employment Standards Act, 2000 (the “ESA”) and the Ontario Immigration Act, 2015 (the “OIA”). We have summarized those proposed changes below.
ESA Changes:
- Placement of a child leave: introduces a 16-week job-protected leave for adoptive parents and parents through surrogacy, aligning with upcoming federal changes that create Employment Insurance benefits for adoption.
- Long-term illness leave: introduces a 27-week job-protected leave for employees unable to work due to a “serious medical condition”, as defined by a medical practitioner.
- Job postings: puts forward new requirements related to job vacancy disclosure, responses to interviewees, Canadian experience as a pre-screening mechanism, disclosure of compensation range in job postings, disclosure of use of AI in recruitment, and information to be provided to new employees at the time of hiring.
OHSA Changes:
- Properly fitted personal protective equipment (“PPE”): requires that PPE for women and all workers with diverse body shapes are made available to all sectors.
- Washroom updates: implements changes to ensure access to clean washrooms through requirements for washroom cleaning records.
- Enhanced powers of the Chief Prevention Officer (“CPO”): The CPO has new powers related to training requirements.
- Mandatory minimum fines: introduces mandatory minimum fines for repeat offenders of offences that resulted in the death or serious injury of workers.
OIA Changes:
- Greater transparency between immigration representatives, employers and newcomers: requires representatives to have a written contract with Ontario Immigration Nominee Program (“OINP”) applicants, provide proof of their registration or license, to provide the status of OINP applications to applicants, and require that applicants have access to their own application or file.
- Tougher penalties: proposes potential bans and multi-year fines for those who violate the OIA.
PooranLaw will continue to update you with any developments on this story and the implications they may have on your workplace operations as they emerge. If you require legal assistance, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.