Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024

By: Agatha Suszek

The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190).

We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act, 2024.

Amendments to the ESA ?

If passed, Bill 190 would make the following amendments to the ESA:

• require publicly advertised job postings to disclose whether the posting is for an existing vacancy, subject to prescribed exemptions
• require an employer who interviews an applicant for a publicly advertised job posting to provide the applicant with prescribed information within a prescribed time period and to retain copies of information for three years
• prohibit an employer from requiring an employee to provide a certificate from a qualified health practitioner as evidence of their entitlement to sick leave
• increase the maximum fine for an individual convicted of violating the ESA from $50,000 to $100,000

The government is inviting comments on these proposed changes by June 10, 2024.

Amendments to OHSA

If passed, Bill 190 would make the following amendments to the OHSA:

• extend the application of the OHSA to a private residence where telework is performed
• expand the definition of workplace harassment and workplace sexual harassment to include virtual harassment
• allow for the use of electronic copies of information to meet the posting requirements under the OHSA
• permit joint health and safety committee meetings to occur virtually ?
• require a constructor or employer to maintain washroom facilities for worker use in a clean and sanitary condition and to maintain cleaning records, as prescribed; additional regulations may modify or supplement the obligation to provide clean washroom facilities

The government is inviting comments on these proposed changes by June 10, 2024.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ?

Tags: Employment Standards Act