Ontario’s Working for Workers Six Act: Key Amendments and Implications

On December 19, 2024, Ontario enacted the Working for Workers Six Act, 2024 (Bill 229), introducing significant changes to the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and Workplace Safety and Insurance Act, 1997 (WSIA). These changes aim to enhance worker rights and safety. While some provisions are already in effect, others are set for implementation in 2025. Employers should prepare to comply with these updates to avoid penalties and legal risks.

Employment Standards Act (ESA) Changes

Two new unpaid leave entitlements were introduced under the Employment Standards Act (ESA).

1. Placement of a Child Leave

Employees with at least 13 weeks of service are eligible for up to 16 weeks of unpaid leave when a child is placed in their care through adoption or surrogacy.

• Start Date: The leave may begin up to six weeks before the expected placement date.
• Notice: Employees must provide two weeks’ written notice, stating the start and end dates of the leave.
• If Placement Fails: The leave may continue for up to 14 days after the employee is informed that the placement will not proceed.
• Parental Leave Impact: An employee’s parental leave ends 62 weeks after it began if the employee also took placement of a child leave.
• These amendments will come into force on a date to be proclaimed.

2. Long-Term Illness Leave

Employees unable to work due to a serious medical condition may take up to 27 weeks of unpaid leave.

• Eligibility: The employee must have worked for 13 consecutive weeks.
• Medical Certification: A certificate from a qualified health professional confirming the serious condition and duration of leave is required.
• Leave Duration: Up to 27 weeks within a 52-week period.
• Extensions: If the condition persists, the leave may be extended or renewed, provided the total leave does not exceed 27 weeks.
• This provision will come into force on June 19, 2025.

Occupational Health and Safety Act (OHSA) Changes

The Occupational Health and Safety Act (OHSA) amendments, designed to strengthen workplace safety, are already in effect.

1. Mandatory Minimum Fines for Repeat Offenders

Corporations found guilty of a second or subsequent offense under the OHSA, resulting in the death or serious injury of a worker within two years, will face a minimum fine of $500,000. The maximum fine remains $2 million.

• This provision came into effect on December 19, 2024.

2. Personal Protective Equipment (PPE) Requirements

Employers must ensure that PPE is properly fitted and appropriate for workplace conditions. This change promotes safety by accommodating diverse body types. Additional regulations may provide further guidance on PPE standards.

• This provision came into effect on December 19, 2024.

3. Expanded Authority of the Chief Prevention Officer (CPO)

The CPO can now develop policies, assess training equivalency, and collect data to improve provincial health and safety strategies.

• The CPO has the authority to:
  • Approve training programs completed outside Ontario for equivalency.
  • Establish and revise policies on general workplace safety training.
  • Collect reasonably necessary personal information to advise the Minister and monitor health and safety trends.
  • This provision came into effect on December 19, 2024.

4. Worker Trades Committees

Effective January 1, 2025, the Minister may order constructors to establish Worker Trades Committees for large projects. The Minister can also determine the composition, practices, and procedures of these committees.

• This provision came into effect on January 1, 2025.

Workplace Safety and Insurance Act (WSIA) Changes

Amendments to the Workplace Safety and Insurance Act (WSIA) include enhanced coverage for certain worker groups. These provisions will take effect on a date to be proclaimed.

• Presumptive Coverage: Firefighters and fire investigators with at least 10 years of service are now presumed to have occupational diseases if diagnosed with primary-site kidney or colorectal cancer.
• Surplus Distribution: The WSIB must distribute surplus funds to Schedule 2 municipal employers under prescribed conditions.

Compliance Measures for Employers

Employers should take the following actions to meet the new requirements:

1. Policy Updates: Revise leave policies to include child placement and long-term illness leave.
2. PPE Assessment: Ensure PPE meets fit and suitability standards.
3. Training Compliance: Adjust training programs to align with new CPO policies.
4. Committee Preparation: Be prepared to form Worker Trades Committees if required by the Minister.
5. Legal Compliance: Implement measures to prevent OHSA violations and substantial fines.

How We Can Assist

Adapting to these legislative changes can be complex. Our team of legal professionals is here to help by:

• Policy Development: Crafting and updating employment policies to comply with the new ESA and OHSA requirements.
• Training Support: Providing guidance on implementing effective health and safety training
• Compliance Audits: Conducting reviews to ensure your organization adheres to updated regulations, reducing legal risks.

Partner with us to confidently manage these changes and maintain a compliant, safe workplace. Contact us today to learn more.

The information provided in this article is for general informational purposes only and is not intended as legal advice. Readers should consult with a qualified legal professional to obtain Employment Legal Advice customized to their specific circumstances. The authors and publishers of this article disclaim any liability for actions taken based on its content.