More Ontario Employment Changes: What Employers Need to Know

Ontario recently passed Bill 190, Working for Workers Five Act, 2024, on October 28, 2024, building on earlier legislation of the same series and making further changes to employment rules in Ontario. Below are some of the key developments that employers with personnel in Ontario should be aware of.

Many changes under Bill 190 apply to the Ontario Employment Standards Act, 2000 (the “ESA”):

• Doctor’s Notes. Ontario employers are now prohibited from requiring employees to provide a medical certificate for an unpaid sick leave taken under Section 50 of the ESA. Employers may still require an employee who takes sick leave to provide evidence reasonable in the circumstances that the employee is entitled to the leave, but this must not include a medical certificate provided by, for example, a physician, a registered nurse, or a psychologist. For reference, the sick leave entitlement under the ESA is three unpaid days per year for employees who have two or more consecutive weeks of service. 
  
  
• Disclosing Vacancies in Job Postings. On a date to be proclaimed, employers who post a public job advertisement for a position in Ontario will have to include a statement disclosing whether the posting is for an existing vacancy or not. These changes are part of a string of upcoming requirements for job postings in Ontario following the pay transparency rules set out in Bill 149, which also have yet to be proclaimed into force. You can read about Bill 149 here.
  
  
• Job Interviews. Employers will have to provide certain information, yet to be prescribed, to applicants who are interviewed and must retain this information for three years. Pending regulations are expected to define what constitutes an interview, what information must be provided, and how the information must be provided to applicants.
  
  
• Increased Penalties. The maximum fine for individuals who violate the ESA or who fail to comply with a related order or direction has increased from $50,000 to $100,000.

Bill 190 also makes changes to the Ontario Occupational Health and Safety Act (“OHSA”):

• Remote Worker Safety. OHSA now explicitly applies to remote employees working from their home office, but home offices are not considered “industrial establishments” (which have heightened building and safety standards).
  
  
• Online Workplace Harassment. The definitions of “workplace harassment” and “workplace sexual harassment” in OHSA now explicitly capture harassment conducted “virtually through the use of information and communications technology,” such as email, phone, or video chat.  
  
  
• Online Health and Safety Committee Meetings. Health and safety committees are no longer required to meet “at the workplace,” therefore permitting virtual committee meetings.
  
  
• Online Safety Postings. Information required to be posted in the workplace under OHSA may now be posted electronically provided that (i) the employer provides workers with direction on where and how to access the information, and (ii) the information can be readily accessed electronically by workers in the workplace. Examples of such information include a copy of OHSA, health and safety committee contact information, regulatory material explaining workers’ rights, responsibilities, and duties, and the employer’s health and safety policy and workplace harassment and violence policies.
  
  
• Washrooms. On a date to be proclaimed, employers and constructors who provide washrooms for the use of workers will have to ensure the washrooms are maintained in a clean and sanitary condition. They will also be required to keep, maintain and make available records of the cleaning of washroom facilities. Pending regulations are expected to clarify these requirements.
  
  

Contact Mintz’s Canadian Employment Practice if you require any guidance or assistance in complying with Ontario’s Employment Standards Act, 2000, Occupational Health and Safety Act, or any other employment-related laws in Canada.

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