Legislative Update

On November 27, 2024, the Ontario government introduced Bill 229: Working for Workers Six Act, 2024. If passed, this legislation will bring significant amendments to the Employment Standards Act, 2000 (the “ESA”), the Occupational Health and Safety Act (the “OHSA”), and the Workplace Safety and Insurance Act, 1997 (the “WSIA”), among others. Below are the key changes employers should note:
The ESA:

• New 16-week job-protected leave for employees with at least 13 weeks of service to support the placement or arrival of a child through adoption or surrogacy.
• New 27-week job-protected leave for employees with at least 13 weeks of service who are unable to work due to serious medical conditions, such as cancer or multiple sclerosis.

The OHSA

• Minimum $500,000 fine for corporations convicted of repeat offences under the OHSA resulting in a worker’s death or serious injury within two years.
• Requirement for employers to ensure all personal protective equipment (PPE) properly fits workers of all genders and diverse body types, expanding beyond the construction sector.
• Expanded powers for the Chief Prevention Officer (CPO) to:
  • Approve out-of-province training programs.
  • Establish and oversee training requirements under the OHSA.
  • Use workplace injury and disease data to inform prevention strategies.
• Authority for the Minister of Labour to require constructors to create worker trades committees for transparency and collaboration on construction projects.

The WSIA

• Reduced service requirement for presumptive coverage for primary-site kidney cancer in firefighters and fire investigators from 20 to 10 years.
• Elimination of the age limit for primary-site colorectal cancer diagnosis in firefighters for presumptive WSIB coverage.
• Potential distribution of WSIB insurance fund surpluses to Schedule 2 municipal employers, subject to specific conditions.

Additional Amendments
Bill 229 also includes proposed changes to the Highway Traffic Act and Ontario Immigration Act, 2015, along with the introduction of Skilled Trades Week.
While Bill 229 has yet to be finalized and passed, employers operating in Ontario should prepare for more changes to the legal landscape governing workplaces. We will monitor Bill 229 as it proceeds through the legislature and provide further updates. If you have questions about how these proposed changes could affect your workplace, please contact your lawyer at Appiah Law.