Ontario Introduces Sixth Set of Employment Changes: What Employers Should Know

Ontario introduced Bill 229, Working for Workers Six Act, 2024 on November 27, 2024, the latest in a series of legislation amending employment laws in Ontario. If Bill 229 is passed as is, here are some of the key changes that will affect Ontario businesses.

If passed, Bill 229 will add two new unpaid, job-protected leaves to the Ontario Employment Standards Act, 2000 (the “ESA”):

• Child Placement Leave. Employees with at least 13 weeks of service who have adopted a child or had a child through a surrogacy will be entitled to an unpaid 16-week leave of absence. The 16 weeks may be split between employee parents in respect of the same child. If more than one child arrives into the care of an employee on the same day, the leave entitlement remains 16 weeks. The leave can be commenced as early as six weeks prior to the expected placement date and must end no later than 17 weeks after the day the placement occurs. If an employee is informed an expected placement will not occur, the employee can remain on leave for the subsequent two weeks. Employers may require an employee seeking the leave to provide evidence reasonable in the circumstances. These provisions will be proclaimed into force at some point after Bill 229 receives Royal Assent.
  
• Long-Term Illness Leave. Employees with at least 13 weeks of service who cannot perform their duties because of a serious medical condition, whether chronic or episodic, will be entitled to an unpaid leave of absence of up to 27 weeks. Employees must have a certificate from a licensed physician, a registered nurse, or a psychologist confirming the employee has a serious medical condition and the period during which the employee will not be performing their duties. These provisions will come into force six months after Bill 229 receives Royal Assent.

If passed, Bill 229 will also make changes to the Ontario Occupational Health and Safety Act (“OHSA”):

• Personal Protective Equipment. Employers will have to ensure that any personal protective clothing and equipment (“PPE”) that is provided, worn, or used fits employees properly and is appropriate in the circumstances, having regard to all relevant factors, including factors as may be prescribed by regulation. This provision aims to ensure that employer-provided PPE fits women and workers with diverse body shapes. These provisions will come into force when Bill 229 receives Royal Assent.
  
• Minimum Penalties. If a corporation is convicted of a second or subsequent offence under OHSA that results in the death or serious injury of one or more employees in a two-year period, any resulting fine must be at least $500,000. These provisions will come into force when Bill 229 receives Royal Assent.

We will monitor Bill 229 as it proceeds through the Legislative Assembly of Ontario and will provide further updates.

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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