Ontario's Working for Worker's Four Act, 2023 Passed into Law
**Written by Zura Nakiwoga, Articling Student at Lee Workplace Law
Introduction:
Ontario's legislative landscape experienced a significant transformation with the passing of Bill 149, the Working for Workers Four Act, 2023. This legislation, receiving royal assent on March 21, 2024, introduces pivotal amendments to various employment statutes, reshaping the way employers operate and interact with workers.
Below we highlight some of the key changes arising from the passing of this legislation. For more information on this topic, we encourage you to check out our previous blog post: Overview of Ontario's Recent Employment Law Changes: Bill 79 and 149.
Key Amendments:
1. Employment Standards Act, 2000:
In Force Changes:
- Individuals undergoing training during trial periods are considered employees and entitled to compensation.
- Employers are prohibited from deducting wages for goods/services unpaid by customers.
Effective June 21, 2024:
- Vacation pay arrangements must be detailed in written agreements.
- Employers must adhere to prescribed methods when paying tips or gratuities.
- Tip-sharing policies must be visibly posted, with copies retained for three years post-policy cessation.
Future Proclamation:
- Job postings must include expected compensation details and disclose AI usage.
- Canadian work experience requirements are banned in job postings.
- Employers must retain copies of job postings for three years.
2. Workplace Safety and Insurance Act, 1997:
Future Proclamation:
- WSIB benefits can exceed annual inflation rate through "super indexing."
- Firefighters and fire investigators qualify for WSIB benefits for esophageal cancer after 15 years of service.
3. Digital Platform Workers' Rights Act, 2022:
Upon Minimum Wage Provisions Enforcement:
- Limits on recurring pay periods and paydays can be regulated.
- Compliance rules for minimum wage requirements may be prescribed.
4. Fair Access to Regulated Professions and Compulsory Trades Act, 2006:
Future Proclamation:
- Prescribed standards for fair assessment of qualifications in regulated professions and trades.
Implications for Employers and Job Seekers:
Employers:
- Must adjust practices to comply with new regulations, including transparent job postings and adherence to vacation pay agreements, once in force.
- Preparation is vital for upcoming changes, such as disclosing AI usage and retaining job postings.
Job Seekers:
- Expect increased transparency in job postings, including expected compensation and AI usage disclosure.
- Canadian work experience requirements are no longer permissible, promoting inclusivity in hiring practices.
Conclusion:
Bill 149 heralds a new era in Ontario's employment landscape, emphasizing transparency, fairness, and inclusivity.
Employers must promptly adapt to the legislative changes to maintain compliance and foster equitable workplaces. Job seekers, on the other hand, may witness a more transparent and informed job application process, empowering them to make well-informed career decisions. Employers and employees are advised to stay tuned for updates on the implementation of this legislation and should consider consulting with legal professionals for more tailored advice.