New Working for Workers Six Act Introduced

On November 27, 2024, the Ontario government introduced the latest instalment of its Working for Workers Act legislation. The newly proposed Bill 229 – Working for Workers Six Act outlines further amendments to a number of Ontario's employment and workplace laws.

We have outlined below some of the key changes proposed by the new Working for Workers Six Act.


1. Employment Standards Act ("ESA")

New Child Placement Leave:

The legislation proposes new unpaid leave for adoptive parents and/or parents through surrogacy. The new leave will be available to employees who have been employed by their employer for at least 13 weeks. Employees will be able to take up to 16 weeks of leave without pay because of the placement or arrival of child into the employee's custody, care and control through adoption and/or surrogacy.

The Ontario government's press release cites that this change is intended to align with the upcoming federal changes to create employment insurance (EI) benefits for adoptive parents.

New Long-Term Illness Leave:

The legislation also proposes new unpaid leave for seriously ill employees. Employees who have been employed by their employer for at least 13 weeks will be entitled to take up to 27 weeks of leave without pay if they are unable to work due to a serious medical condition, as defined by a medical practitioner.


2. Occupational Health and Safety Act ("OHSA")

New Requirements regarding Protective Equipment:

Proposed amendments will require employers to ensure personal protective equipment and clothing that is provided, worn or used is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including to be prescribed factors.

Per the Ontario government, this is intended help ensure proper protective equipment is provided for women and individuals with diverse body shapes.

New Fines for Multiple Corporate Convictions:

Proposed amendments would also impose a mandatory, minimum fine of $500,000 for corporations convicted of a subsequent or second offence under OHSA within 2-years and which resulted in the death or serious injury of one or more workers.

New Powers to the Chief Prevention Officer (CPO):

The legislation contemplates enhanced powers being afforded to the CPO, including the authority to establish criteria to assess training programs delivered outside Ontario for equivalency, to establish policies regarding general training required under OHSA, to take advice from committees, and to collect reasonably necessary personal information for certain purposes, such as developing occupational health and safety strategy, reporting on occupational health and safety, and to provide advice to the Minster on the prevention of workplace injuries and occupational disease.

New Requirements regarding Worker Trades Committees:

New provisions would also be introduced allowing the Minister of Labour, Immigration, Training and Skills Development to order constructors to establish worker trades committees for a project. If so, the Minister may stipulate the composition, practice and procedure of the worker trades committee.

When determining whether to order a worker trades committee, the Minister may consider:

  • The nature of the work being done;
  • The frequency of illness or injury in the workplace or the industry in which the constructor or employer is a part;
  • The existence of health and safety programs and procedures in the workplace and their effectiveness; and
  • Such other matters as the Minister considers advisable.


3. Other Legislation Impacted

The Working for Workers Six Act also contemplates amendments to the following legislation:

  1. Highway Traffic Act: New requirements for drivers to slow down and move over for work-related vehicles with flashing amber lights.
  2. Ontario Immigration Act: New provisions requiring compliance with Ministry standards, banning misrepresentations regarding criteria for approval, and an enhanced ability to impose bans on acting as a representative or recruiter.
  3. Skilled Trades Week Act: The first full week in November each year will be the Skilled Trades Week.
  4. Workplace Safety and Insurance Act: Amendments to provide for enhanced cancer coverage for firefighters and fire investigators, distribution of excess funds to schedule 2 employers, and immunity for the Board in certain circumstances.


Conclusion:

As the latest in the Working for Workers Act series, this new legislation, if passed, will introduce a number of additional new requirements and obligations for employers. We encourage employers to stay tuned to this bill as it proceeds through Ontario's legislature.

If you have any questions, the team at Lee Workplace Law would be happy to help.