Bill 190, also known as the Working for Workers Five Act, 2024, was introduced by the Ontario government in May 2024. If enacted, Bill 190 will amend provisions in the Employment Standards Act, 2020 (“ESA”), the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997, among others. The goal of the bill is to reduce barriers to employment, open pathways into the skilled trades, to increase the safety measures and resources available to frontline workers such as firefighters, supporting women in the workplace, and increasing fairness for jobseekers and employees.
What Significant Changes Would We See?
One of the major changes we will see is a change in publicly advertised job postings. Employers would be required to disclose whether the posting is for a position that is currently vacant or not.
This builds on the public job posting requirements introduced in Working for Workers Four Act, 2023. The Working for Workers Four Act has been passed, however the section on public job postings is not yet in effect. On a day yet to be named, under this Act, employers with public job postings must disclose the expected compensation or compensation range, whether Artificial Intelligence is used to assess applicants, and a prohibition against requirements of specifically Canadian experience.
For existing employees, Bill 190 would change the Proof of Entitlement to ESA Sick Leave. Employers would still be able to require reasonable proof that the employee is entitled to Sick Leave. However, the Bill would prohibit employers from requiring a certificate from a qualified health practitioner as evidence.
In supporting women in the workplace, Bill 190 would require menstrual products on construction sites with 20 or more regularly employed workers where a project is expected to last at least 3 months. There will also be a modernization of the definition of ‘harassment’. This definition would include virtual harassment and virtual sexual harassment.
Changes to Workplace Health and Safety, and Workplace Safety Insurance
A large part of Working for Workers Five Act, 2024, is the protection of employees and protection for employees in certain industries in particular.
There would be a large review of the Health and Safety coverage given to firefighters, fire investigators, and wildland firefighters. The goal is improving presumptive coverage for occupational cancers, heart injuries, and Post-Traumatic Stress Disorder (“PTSD”) for the fire-response industry and lowering the qualifying duration of service from 15 years to 10 years.
We would also see the Ministry of Labour’s forthcoming Occupational Exposure Registry include asbestos-related data with the goal to reduce asbestos-related illnesses.
The construction industry would also see an increase in Workplace Health and Safety with an expansion of health and safety equipment which must be provided on construction projects.
Penalties for Employers
Under Bill 190, the maximum fine for violating the ESA would increase from $50,000 to $100,000. In addition, there is an increase in the penalty for a third or subsequent violation of the same provision of the ESA, rising from $1,000 to $5,000. This applies to situations where the contravention affects more than one employee, in which case the fine is multiplied by the number of affected employees.
Speak to Our Lawyers
If you are an employee and have questions about current rights in your workplace, contact our team. Get legal representation and know your rights!
If you are an employer with questions about how these changes affect you business, call our employment and human rights lawyers today!
Authors: Jonquille Pak and Ava Clarke
Date: June 26, 2024
