* This article is general in nature: it is not an exhaustive summary of the topic and does not constitute legal or other professional advice. Readers are encouraged to consult the relevant legislation and legal counsel for further guidance.
Over the past several years, the provincial government has been highly focused on Ontario’s workplaces. From policies about disconnecting to job ads to sick notes, the provincial government has concentrated some of its legislative efforts on the very areas that HRPA’s members manage every day. The newest Bill, the Working for Workers Six Act, 2024 (Bill 229), contemplates changes to five pieces of legislation:
- Employment Standards Act, 2000
- Highway Traffic Act
- Occupational Health and Safety Act
- Ontario Immigration Act, 2015
- Workplace Safety and Insurance Act, 1997.
It also introduces the Skilled Trades Week Act, 2024 to proclaim the first full week in November each year as Skilled Trades Week.
Employment Standards Act, 2000
If passed, the Act would introduce 2 new leaves into the Employment Standards Act, 2000.
The first is a “placement of a child” leave, which would allow an employee who has been employed by an employer for at least 13 weeks to take up to 16 weeks of leave (without pay) because of the placement or arrival of a child through adoption, surrogacy, or any other event or circumstances set out in a regulation.
The section that sets out the new leave, section 47.1, contains detail regarding employee notice obligations, potential changes to the start and end date of the leave, and evidence that may be requested by the employer.
The second is a new “long-term illness” leave, which would allow an employee who has been employed by an employer for at least 13 consecutive weeks to take up to 27 weeks of leave (without pay) if
- the employee will not be performing the employee’s duties because of a serious medical condition; and
- a qualified health practitioner issues a certificate that (i) states that the employee has a serious medical condition and (ii) sets out the period during which the employee will not be performing the duties of the position because of the condition.
The section that sets out the new leave, section 49.8, contains details regarding the total period specified in the certificate during which leave may be taken and how that period may be extended, subject to the 27-week total.
Other Acts
Bill 229 also introduces changes to the Occupational Health and Safety Act (OHSA). An important change for employers to be aware of is that the OHSA would, in effect, expand on existing requirements regarding personal protective equipment and clothing (PPE) to provide that employers must ensure that PPE that is provided, worn, or used is a proper fit and appropriate in the circumstances, having regard to all relevant factors, including any prescribed factors. Employers should be mindful of different body types and sizes when ensuring that employees have, wear, and use appropriate PPE.
As noted above, Bill 229 also proposes amendments to the Ontario Immigration Act, 2015 (including by requiring representatives to comply with prescribed standards), the Workplace Safety and Insurance Act, 1997 (including by amending certain provisions related to certain firefighters and fire investigators and by requiring the Board to distribute excess insurance funds to certain Schedule 2 employers), and the Highway Traffic Act (including by expanding requirements on drivers that are intended to increase safety for roadside workers).
Additional Resources
Set out below are additional resources containing information on Bill 229.
Working For Workers Six Act, 2024
Ontario Announces Working for Workers Six Act, 2024
Ontario Introduces Bill 229: Working for Workers Six Act, 2024