Rapid Changes Continuing into 2025 – the Working for Workers Acts Ongoing Impact
In recent blog posts, we wrote about the passing of the Working for Workers Five Act and the introduction of the Working for Workers Six Act – see here and here. However, as many began easing into the holiday season, the Ontario government was busy. On December 3, 2024, the Ontario government proclaimed into force many provisions of past Working for Workers Acts and introduced clarifying regulations. Merely two weeks later, on December 19, 2024, the Working for Workers Six Act was passed.
With the rapid changes over the last few months, it can be challenging to keep track of which changes were passed when, which provisions are in force, and what employers need to do to comply. To help, we have included below a summary of the recent key changes current to January 2025. We encourage employers and employees alike to review carefully and reach out to the team at Lee Workplace Law with any questions.
Change | Legislation Impacted | Explanation |
Changes effective on October 28, 2024 (already in force) | ||
Prohibition on Doctor's Notes | ESA | Employers are prohibited from asking employees to provide doctor's notes as evidence for their entitlement for sick leave under the ESA. This change does not impact the ability of employers to ask for doctor's notes for other health-related leaves under the ESA, for example, family responsibility or family medical leave. |
Maximum Fines Increased | ESA | The maximum fines for violations of the ESA are increased from $50,000 to $100,000. |
Telework | OHSA | OHSA will explicitly extend to private residences where telework is performed |
Virtual Harassment | OHSA | The definition of workplace and sexual harassment is expanded to include harassment done "virtually through the use of information and communications technology". |
Electronic Posting of Information | OHSA | Employers will be allowed to electronically post OHSA information, provided that workers are adequately informed. |
Changes effective on December 19, 2024 (already in force) | ||
Personal Protective Equipment | OHSA | Employers are required 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. |
Minimum Fines Increased | OHSA | 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. |
Chief Prevention Officer (CPO) | OHSA | Enhanced powers are 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. |
Changes effective on January 1, 2025 (already in force) | ||
Worker Trade Committees | OHSA | New provisions are 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. |
Changes effective on June 19, 2025 | ||
Long-Term Illness Leave | ESA | 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. |
Changes effective on July 1, 2025 | ||
Employee Information | ESA | Ontario employers with 25 or more employees will be required to provide new hire employees with certain employment information in writing before their first day of work or as soon as reasonably possible thereafter. |
Washroom Cleanliness | OHSA | Employers and constructors will be required to ensure washroom facilities are maintained in clean and sanitary conditions and keep records of the cleaning. |
Gig Worker Rights | Digital Platform Workers' Rights Act | The Digital Platform Workers' Rights Act comes into force, affording certain rights and entitlements to Digital Platform Workers. |
Changes effective on January 1, 2026 | ||
Job Posting Requirements | ESA | Ontario employers with 25 or more employees will be required to comply with new requirements for publicly advertised job postings:
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Washroom Records | OHSA | Employers must post records of washroom cleanings either (1) in a conspicuous place by the washroom facility; or (2) electronically, where it can be accessed by workers, so long as workers are directed on where and how to access it. The records must include the date and time of the two most recent cleanings. |
Changes to be effective on a to be proclaimed date | ||
Child Placement Leave | ESA | Employees who have been employed by their employer for at least 13 weeks will be able to take up to 16 weeks of leave without pay because of the placement or arrival of a child into the employee's custody, care and control through adoption and/or surrogacy. |