April 12th, 2022

Bill 88, Working for Workers Act, 2022, passed into law

On April 11, 2022, Bill 88, Working for Workers Act, 2022 ("Bill 88") was passed into law. Bill 88 makes a number of important changes to Ontario's employment laws, including establishing new rights and entitlements for digital platform workers, and requiring employers to implement electronic monitoring policies, amongst others.


Revisions to Bill 88

In our previous blog post, More Changes Ahead for Ontario Employment Law, we outlined in more detail the sweeping changes arising from Bill 88. Between then and receiving Royal Assent, Bill 88 was revised as follows:

  • Digital Platform Workers' Rights Act, 2022 - The obligation on digital platform operators to provide workers with information about performance ratings was expanded. Operators will be obliged to provide workers with average performance ratings within a day of the worker receiving five or more performance ratings, as well as provide the worker with aggregate details of their ratings, whether there are any consequences based on the rating, and a description of the consequences.
  • Traditional Chinese Medicine Act Repeal Act, 2022 - This proposed legislation was removed from Bill 88. As a result, Bill 88 does not result in the repeal of the Traditional Chinese Medicine Act, 2006. The Traditional Chinese Medicine Act, 2006 regulates the practice of traditional Chinese medicine in Ontario, including by setting out who may practice traditional Chinese medicine and the scope of practice and titles that may be used by certain professionals.

Otherwise, Bill 88 was passed without major change.


Implementation of Bill 88

Now that Bill 88 has been passed, it is critical that businesses and workers alike are alert to when the new requirements will come into effect. Not all the changes contemplated by Bill 88 are immediately effective. Rather some are being phased in, as follows:

  • Digital Platform Workers' Right Act, 2022 - This legislation will come into force on a day to be named by proclamation of the Lieutenant Governor. It is not yet known what date will be proclaimed.
  • Amendments to the Employment Standards Act, 2022 (the "ESA"):
    • Bill 88 exempts certain business consultants and information technology consultants from the ESA. These changes will come into effect on January 1, 2023.
    • Employers with 25 or more employees must prepare a written policy on electronic monitoring. This must be completed by October 11, 2022, being 6 months from the date Bill 88 received Royal Assent.
    • All other changes came into force on Bill 88 receiving Royal Assent.
  • Amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006:
    • This legislation will be amended to establish timelines for which professional regulatory bodies must respond to applications from "domestic labour mobility applicants". These changes will come into force on a day to be named by proclamation of the Lieutenant Governor. It is not yet known what date will be proclaimed.
    • All other changes came into force on Bill 88 receiving Royal Assent
  • Amendments to the Occupational Health and Safety Act ("OHSA"):
    • Bill 88 increases fines for offences under the OHSA and extends the limitation period to two years. These changes come into effect on July 1, 2022.
    • Bill 88 also requires employers to provide naloxone kits where the employer knows or is aware there may a risk of a worker having an opioid overdose. This requirement will come into force on a day to be named by proclamation of the Lieutenant Governor. It is not yet known what date will be proclaimed.
    • All other changes came into force on Bill 88 receiving Royal Assent.


Takeaways

Employment and work relationships are evolving within Ontario and so too are its laws. Bill 88 makes a number of significant changes to the employment law landscape, which will affect businesses and workers in a wide range of industries and workplaces. Business owners and workers alike are encouraged to take the time to learn about these changes and understand how they may impact their workplace.

Importantly, businesses with more than 25 employees should be turning their attention to preparing a written policy on electronic monitoring in time for the October 11, 2022 deadline.

Lee Workplace Law would be happy to answer any questions you may have on the implications of Bill 88 for your workplace.