ONTARIO ONLY:

Having (playfully) mocked the Ontario government for its profound lack of creativity in naming the statutes by which it has been amending employment related legislation in past e-alerts; they have responded, deadpan, with the Working For Workers Five Act, 2024.

Yes, folks, it has received Royal Assent.

Here are some of the key changes:

  • Sick notes: Employers are now prohibited from requesting a medical certificate in relation to the sick leave provisions under the ESA (the entitlement still being three unpaid days. Note: Organization like the Canadian Medical Association are lobbying for changes that would put even greater restrictions on an employer’s right to request medical validation of absences due to illness.
  • Fines go up: The maximum fine for an individual who violates the ESA has gone from $50,000 to $100,000.
  • Telework/Remote Work Location in private residence: This is a significant one, as there was some debate on this, but it is now clear that the Occupational Health and Safety Act (OHSA) applies to telework/remote work performed in a private residence. However, such locations will not be deemed an ‘industrial’ establishment.
  • Enhanced definition of Workplace Harassment and Sexual Harassment: The definition now captures harassing behaviours that occur virtually through the use of information/communication technology.
  • Electronic Posting under OHSA: Employers may now satisfy the ‘posting’ requirements related to the joint health and safety committee, the workplace health and safety policy and a copy of the OHSA (and explanatory materials) itself in a readily accessible electronic format (we are uncertain how this will impact the bulletin board industry!). The obligation to post this in English and the majority language of your workplace continues.

Coming soon:

Clean Washrooms for Workers: Employers/constructors will be required to ensure that washroom facilities provided for worker use are maintained in a clean and sanitary state and they will be required to keep a cleaning log/records in this regard.

There are also amendments to the Workplace Safety and Insurance Act, 1997 with regard to wildland firefighters/investigators coverage for PTSD and provisions coming soon on coverage for primary -site skin cancer for firefighters/investigators with at least 10 years of pre-diagnosis service.

If you would like to discuss any of the above with regard to your business in greater detail, we recommend reaching out to speak to an e2r™ Advisor. We are here to help.