Ontario's Bill 190: Key Implications & Essential Insights for Employers in 2024
Introduction
On May 6, 2024, the Government of Ontario introduced Bill 190, the Working for Workers Five Act, 2024. This landmark bill proposes substantial changes to the province's labour laws, aiming to enhance worker protections and expand employment opportunities. As the latest in a series of legislative efforts, Bill 190 introduces several groundbreaking initiatives impacting employers across Ontario. This blog provides an in-depth analysis of the proposed changes and their implications for employers.
Overview of Bill 190
Bill 190 seeks to amend key legislation, including the Employment Standards Act, 2000 (ESA), the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPCTA), and the Occupational Health and Safety Act (OHSA). These changes reflect the government's commitment to improving workplace standards and adapting to modern work environments.
Proposed Changes to the ESA
Larger Penalties for Violations
The maximum fine for individuals found violating the ESA will double from $50,000 to $100,000, making it the highest of its kind in Canada. This significant increase underscores the government's commitment to enforcing workplace standards.
Tackling Candidate "Ghosting"
Employers will be required to provide specific post-interview information to candidates for publicly advertised roles. Although the exact requirements are yet to be determined, this move aims to increase transparency and accountability in the hiring process.
Transparency in Job Postings
Employers must disclose whether a position advertised is currently unfilled in public job advertisements. This requirement aims to reduce ambiguity for job seekers and promote honesty in recruitment.
Abolishing Mandatory Doctor's Notes
Employers will be prohibited from requiring employees to provide a healthcare professional's certificate for job-protected sick leave shorter than three days. This change aims to reduce the burden on employees and streamline the sick leave process.
Proposed Changes to OHSA
Application to Remote Work
The OHSA will now apply to teleworking in private residences, although such offices will be excluded from the "industrial establishment" definition. This change ensures remote workers are protected under health and safety regulations.
Expanded Definitions of Workplace and Sexual Harassment
The definitions of workplace harassment in the OHSA will be broadened to explicitly include virtual harassment via technology. This amendment addresses the growing concern of online harassment in remote work settings.
Electronic Posting of OHSA Information
Employers may post OHSA-required information online, provided it is in a readily accessible format and workers are informed of its location and access method. This flexibility aims to improve information dissemination.
Remote Joint Health and Safety Meetings
The requirement for joint health and safety committee meetings to be conducted solely in the workplace will be removed, allowing for remote meetings. This change accommodates the increasing prevalence of remote work.
Enhanced Washroom Regulations
Employers, including constructors, will be required to maintain clean washroom facilities, with prescribed cleaning records. Additional requirements may be set, although details are yet to be specified.
Other Initiatives Proposed by Bill 190
Amendments to the Workplace Safety and Insurance Act, 1997
The bill proposes reducing the minimum service duration for firefighters, fire investigators, and volunteers to qualify for primary-site skin cancer coverage from 15 years to 10 years. It also extends equivalent presumptive coverage for wildland firefighters and fire investigators.
Supporting Women on Construction Sites
The government has filed regulations requiring employers to supply menstrual products on construction sites with at least 20 workers for projects lasting three months or longer. This initiative supports gender equity in the construction industry.
Creating Opportunities in the Skilled Trades
Bill 190 amends the Building Opportunities in the Skilled Trades Act, 2021, to provide alternative criteria for apprenticeship training agreements. It also introduces the Focused Apprenticeship Skills Training (FAST) program, allowing high school students to pursue apprenticeship training while completing their studies.
Increased Minimum Wage
The minimum wage will increase from $16.55 to $17.20 per hour, making Ontario's minimum wage the second highest in Canada, behind the Yukon. This increase aims to improve the standard of living for low-wage workers.
Key Takeaways for Employers
Reviewing Job Posting Procedures
Employers must ensure their job posting procedures comply with the new transparency requirements, including disclosing whether positions are unfilled.
Reassessing Sick Leave Validation
Employers will need to reassess their procedures for validating sick leaves shorter than three days, relying on "evidence reasonable in the circumstances."
Training and Education
Employers should invest in training and education programs to ensure that managers and employees understand their rights and responsibilities under the new legislation, particularly regarding workplace harassment and discrimination.
Legal Compliance
Failure to comply with the new requirements could expose employers to legal risks, including increased fines and penalties for violations of worker rights or safety standards.
FAQs
1. When was Bill 190 introduced?
Bill 190 was introduced on May 6, 2024.
2. What is the new maximum fine for ESA violations?
The new maximum fine for ESA violations is $100,000.
3. How will Bill 190 impact remote workers?
Bill 190 will extend OHSA protections to remote workers, including provisions for virtual harassment and electronic posting of information.
4. What are the new requirements for job postings?
Employers must disclose whether a position advertised is currently unfilled in public job advertisements.
5. How will the minimum wage change under Bill 190?
The minimum wage will increase from $16.55 to $17.20 per hour.
By understanding and preparing for the implications of Bill 190, employers in Ontario can navigate these legislative changes effectively and continue to support a dynamic and inclusive workforce.
Conclusion
Bill 190 represents a significant advancement in worker protections and employment standards in Ontario. By understanding and preparing for these changes, employers can ensure compliance, support a fair and safe work environment, and contribute to a more dynamic and inclusive workforce.
