On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (“Bill 229”). If passed, Bill 229 would amend several employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997.
Employment Standards Act, 2000 (“ESA”)
The proposed changes to the ESA may be found at Schedule 1 of Bill 229.
If passed, Bill 229 would amend the ESA to add a new section 47.1 (Placement of a child leave) providing that an employee who has been employed by an employer for at least 13 weeks is entitled to up to 16 weeks of leave without pay because of the placement or arrival of a child into the employee’s custody, care and control through adoption or surrogacy.
The ESA would also be amended to add a new section 49.8 (Long-term illness leave) providing that an employee who has been employed by an employer for at least 13 consecutive weeks is entitled to up to 27 weeks of leave without pay if the employee will not be performing the duties of the employee’s position because of a serious medical condition. A qualified health practitioner (as defined in Bill 229) would need to issue a certificate that states that the employee has a serious medical condition, and set out the period during which the employee will not be performing the duties of the employee’s position because of the serious medical condition (a serious medical condition may include a condition that is chronic or episodic).
Occupational Health and Safety Act (“OHSA”)
The proposed changes to the OHSA may be found at Schedule 3 of Bill 229.
Bill 229 proposes several amendments to the OHSA, as follows:
- A new section 7.2.1 that would authorize the Chief Prevention Officer to establish criteria to be used to assess training programs delivered outside Ontario for equivalency. An approved training provider may be approved to assess the training programs. If a training program is determined to be equivalent to a training program approved under the OHSA, the training program would be deemed to have been approved for the purposes of the OHSA.
- A new section 7.8 that would authorize the Chief Prevention Officer to establish policies regarding general training requirements established under the OHSA.
- Section 10 of the OHSA would be amended to provide the Minister of Labour with the power to make orders with respect to worker trades committees.
- Section 22.3 of the OHSA would be amended to provide that the Chief Prevention Officer may seek advice from a committee or person appointed under subsection 21(1) of the OHSA. In addition, copies of any assistance, advice or report provided to the Minister of Labour by a committee would need to be provided to the Chief Prevention Officer.
- A new section 22.3.1 of the OHSA that would provide for the collection of personal information by the Chief Prevention Officer for certain purposes.
- Section 25 of the OHSA would be amended to require employers to ensure that personal protective clothing and equipment that is provided, worn or used is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including such factors as may be prescribed.
- Subsection 66(2) of the OHSA, which sets out the fines applicable to corporations for convictions under the OHSA would be re-enacted (i.e., the maximum fine that may be imposed upon the corporation is $2,000,000). However, in addition to setting out the maximum fine, the new provision would also set a minimum fine for second or subsequent offences that result in the death or serious injury of one or more workers (i.e., $500,000).
- Section 70 of the OHSA would be amended to give the Lieutenant Governor in Council authority to make regulations requiring the assessment of personal protective clothing and equipment and prescribing requirements related to the conduct of those assessments.
Workplace Safety and Insurance Act, 1997 (“WSIA”)
The proposed changes to the WSIA may be found at Schedule 6 of Bill 229.
If passed, Bill 229 would amend section 15.1 of the WSIA – which creates presumptions that apply to certain firefighters and fire investigators – to establish presumptions with respect to primary-site kidney cancer and primary-site colorectal cancer. Related amendments would also be made to provisions of that section and to section 15.2 of the WSIA.
Bill 229 would create a new section 97.3 of the WSIA (Distribution of surplus, Schedule 2 municipal employers) that would provide that, in certain circumstances, the Workplace Safety and Insurance Board (“WSIB”) would be required to distribute amounts in the insurance fund in excess of the prescribed amount among Schedule 2 municipal employers.
Bill 229 would also create a new section 97.4 of the WSIA (Immunity) that would provide for the immunity of the WSIB, members of the board of directors, officers and employees of the WSIB and the Crown in specified circumstances.
In Our View
Bill 229 underwent First Reading on November 27, 2024. We will continue to monitor the progress of Bill 229 and will report on important developments when they occur.
For more information about the changes proposed in Bill 229, please contact Paul Lalonde at 613-795-1752 or Fabienne Lajoie at 613-301-9612.
