Ontario Employment Law Updates: Working for Workers Six Act, 2024 Receives Royal Assent

The end of 2024 and beginning of 2025 are bringing a series of changes and additions to workplace legislation in Ontario.

On December 19, 2024, Bill 229, Working for Workers Six Act, 2024 (“Bill 229”) received royal assent. Bill 229 is the most recent addition to the “Working for Workers” legislative regime, a series of legislative amendments that seek to address various issues faced by Ontario workers. You can find our overview of the most recent Working for Workers amendments here.

Bill 229 notably made amendments to the Ontario Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”).

The changes implemented by the Working for Workers legislation will come into effect on different dates, as prescribed in the legislation itself. Employers should pay close attention to the specific dates on which these provisions come into force to ensure compliance with relevant obligations.

Changes to the ESA

(a) Placement of a Child Leave

Bill 229 introduces new unpaid parental leave for employees who become parents through adoption or surrogacy, referred to as “placement of a child” leave.

Employees who have been employed by an employer for at least 13 weeks will be entitled to an unpaid leave of absence for up to 16 weeks. The leave can begin no earlier than six weeks before the expected date of the placement. If placement does not occur, the employee’s leave will continue for 14 days after the day on which the employee is informed.

Employees must give employers written notice of their intention to take leave at least two weeks before the leave is to begin. Notice must set out the specific dates the employee intends to be away from work.

Bill 229 also amends the provisions surrounding the end of parental leave to provide that an employee’s parental leave ends 62 weeks after it began if the employee also took placement of a child leave.

These amendments will come into force on a day to be proclaimed by the Lieutenant Governor.

(b) Long-Term Illness Leave

When this provision comes into force, employees who have been employed for at least 13 weeks will be entitled to an unpaid leave of absence if the employee will not be performing the duties of their position because of a serious medical condition. An employee will be required to provide a certificate from a qualified health professional stating the existence of a serious medical condition and setting out the period in which the employee will be unable to perform their duties.

An employee is entitled to a total leave of 27 weeks unless a shorter period is specified in the health professional’s certificate.

The employee may be able to extend the leave or take a new leave within 52 weeks of the commencement of their previous leave if they continue to have a serious medical condition after returning to work.

The provisions related to long-term illness leave will come into force on June 19, 2025.

Changes to the OHSA

(a) Enhanced Powers of the Chief Prevention Officer

Bill 229 amended the OHSA, which now authorizes the Chief Prevention Officer (“CPO”) to establish, amend or revoke policies for general training requirements under the Act. The CPO shall consider, among other things, specific workplace hazards to be addressed, learning outcomes of the training programs and the priorities identified in the provincial occupational health and safety strategy.

The CPO may also collect reasonably necessary personal information and use it to develop and evaluate a provincial health and safety strategy, report on the strategy and provide advice to the Minister of Labour, Immigration, Training and Skills Development (the “Minister”) on the prevention of workplace injuries.

This provision came into effect on December 19, 2024.

(b) Worker Trades Committee

The OHSA has further been amended to grant the Minister the authority to make orders to a constructor to establish a Worker Trades Committee for a project and may make orders to alter the composition, practice and procedure of the Worker Trades Committee.

In determining whether to make such an order, the Minister may consider the nature of the work being done, the frequency of workplace illness or injury, and the existence of health and safety programs and procedures in the workplace and their effectiveness.

This provision came into effect on January 1, 2025.

(c) Personal Protective Clothing

Any protective clothing and equipment (“PPE”) that is provided, worn or used must be the proper fit and appropriate in the circumstances. Employers will be required to assess PPE and prescribe requirements to conduct the assessments.

This provision came into effect on December 19, 2024.

(d) Mandatory Minimum Fine for Repeat Offenders

Bill 229 has now imposed a minimum fine for repeat offences resulting in death or serious injury under the OHSA.

Bill 79, Working for Workers Act, 2023 initially increased the maximum fine for a corporation convicted of an offence under the OHSA to $2 million. Now, Bill 229 has amended the OHSA once again so that if the corporation commits a subsequent offence that results in the death or serious injury in a two-year period, they will be subject to a minimum fine of up to $500,000.

This provision came into effect on December 19, 2024.

Other Changes on the Horizon

The following is a summary of the amendments from previous Working for Workers legislation that will come into force this year.

Changes Coming Into Force July 1, 2025

As of July 1, 2025, the amendments to the ESA under Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 will require employers with 25 or more employees to provide employees with certain information prior to their first day of work. Review our previous article on these amendments here.

Specifically, employers will be required to provide:

• The legal name of the employer;
• Contact information for the employer;
• A description of where the employee will perform work;
• The employee’s starting wage or commission;
• The applicable pay period and payday; and
• A general description of the employee’s initial anticipated hours of work.
  

As well, effective July 1, 2025, employers and constructors will be required to ensure that washroom facilities provided for workers are kept in a sanitary condition and maintain records of cleaning under O. Reg. 480/24.

The Digital Platform Workers’ Rights Act, 2022, as introduced by Working for Workers Act, 2022, will also come into force on July 1, 2025. Review our previous article on this legislation here. The Act will introduce significant changes to the regulatory framework for digital platform work in Ontario.

• Right to Information: Workers must be given information, such as how they will be evaluated, how their pay will be calculated – including coverage of expenses and tips – and a timeline for the work assignment.
• Minimum Wage Requirements: Workers will be entitled to minimum wage payments consistent with the provincial minimum wage at the relevant payment period.
• Recurring Payday: Workers are entitled to be paid on a pay period basis with a regular payday for each pay period. Workers are entitled to be paid for all earnings, including wages, tips and other expenses on this payday.
• Dispute Resolution: Any disputes between digital platform operators and workers must be resolved in Ontario.

Conclusion

Ontario workplace legislation is ever-evolving and complex. We will continue to monitor developments under the Working for Workers legislative scheme. If you require assistance or guidance on the rules for compliance, please do not hesitate to reach out to a member of our Workplace Law Group.