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Ontario introduces new worker protections and employer penalties under sixth ‘Working for Workers’ act

by Todd Humber

Ontario’s government introduced the Working for Workers Six Act, 2024, on November 27, proposing a series of measures aimed at enhancing worker protections and imposing stricter penalties on employers who violate health and safety regulations.

Among the key provisions, the legislation would create new job-protected leaves, expand cancer coverage for firefighters, and implement mandatory minimum fines of $500,000 for corporations convicted of repeated offences under the Occupational Health and Safety Act (OHSA) within a two-year period.

“As our government continues to bring back better jobs and bigger paycheques to Ontario, we are keeping workers healthy and safe no matter where they work: on a highway, a job site, or the shop floor,” said David Piccini, Minister of Labour, Immigration, Training and Skills Development.

New leave entitlements

The proposed act introduces a new 16-week parental leave for parents through adoption and surrogacy, ensuring they have adequate time to bond with their new child without risking their employment. This aligns with upcoming federal changes to create employment insurance benefits for adoption.

“As a parent by surrogacy, supportive policies like these show me that the government cares about my experience,” said Baden Colt, CEO of Not My Tummy and mother by surrogacy. “The impact of this new leave is twofold: not only does it support families in accessing crucial time off to bond with their new child, it also signals to families like mine who have struggled with infertility that we are no different than anyone else.”

Additionally, a new 27-week long-term illness leave would provide job protection for employees with serious medical conditions such as cancer or multiple sclerosis. This would be one of the longest provincial leaves in Canada, allowing workers to focus on treatment and recovery.

“Nearly 40 per cent of people diagnosed with cancer are in their working years, ages 20 to 64,” said Andrea Seale, CEO of the Canadian Cancer Society. “There are already enough worries that come with a cancer diagnosis; wondering if you have a job to come back to shouldn’t be one of them.”

For employers, these extended leaves will necessitate adjustments to leave policies and workforce planning. Organizations may need to develop strategies to manage extended absences while maintaining productivity.

Enhanced health and safety measures

The act proposes mandatory minimum fines of $500,000 for corporations convicted of repeated OHSA offences resulting in death or serious injury within a two-year period. This significant increase in penalties underscores the government’s commitment to workplace safety.

Cracking down on bad actors is also a priority, with new standards, fines, and lifetime bans proposed for fraudulent immigration representatives who exploit newcomers.

“To enforce these standards, the government would have the authority to issue fines, multi-year bans and lifetime bans for those who violate the Ontario Immigration Act,” the government stated.

Employers are advised to revisit their health and safety practices and ensure compliance with all regulations to avoid substantial penalties and reputational damage.

Properly fitting PPE for women

Expanding on previous legislation, the act requires properly fitting personal protective equipment (PPE) for women in all sectors, aiming to encourage more women to join the trades. This move may require employers to reassess and update their PPE provisions to ensure inclusivity.

“The importance of properly fitting personal protective equipment can be easily overlooked when you can go to virtually any retailer and easily find PPE that fits your body and keeps you safe,” said Jennifer Khan, Vice President of Inclusive Diversity at EllisDon. “By prioritizing safety inclusively, we not only encourage more women to join the sector but also clearly communicate they are not merely present in construction—they are essential and embraced.”

WSIB changes and cost reductions

The Workplace Safety and Insurance Board (WSIB) changes include returning $2 billion in surplus funds to Ontario businesses and reducing the average premium rate from $1.30 to $1.25 per $100 of insurable payroll starting in 2025. This is the lowest rate in half a century and will save businesses about $150 million annually.

“For a small construction business with 50 employees, this could mean receiving $46,000 to reinvest in new jobs, enhanced health and safety programs and bigger paycheques,” the government noted.

Additionally, the fee for apprentices taking their first Certificate of Qualification exam will be removed, making it easier for more people to start careers in the skilled trades. Combined with other fee reductions since 2019, this saves each apprentice at least $330.

Investments in workforce development

The government plans to invest up to $1.4 billion through the Skills Development Fund to train over one million workers across the province. On November 29, it will launch the second round of the fund’s Capital Stream, with over $74 million available to build, expand, and retrofit training facilities for workers in sectors like construction, manufacturing, technology, and health care.

“Ontario’s prosperity depends on creating private sector jobs, ensuring a diverse, skilled talent pipeline and helping small businesses scale up,” said Daniel Tisch, President and CEO of the Ontario Chamber of Commerce. “We appreciate the commitment to collaboration with businesses and workers.”

Expanding immigration pathways

To address health system capacity, the act proposes expanding immigration pathways for qualified health care workers through the Ontario Immigrant Nominee Program (OINP). In 2023, Ontario nominated 2,045 health care workers, including physicians, nurses, and personal support workers.

“Foreign workers are essential to Canada’s economy, driving growth and filling critical labour shortages,” said Nick Simone, President and CEO of Pace LAW. “Safeguarding foreign workers and employers from unscrupulous immigration practices not only protects workers but also supports businesses and maintains the integrity of Ontario’s immigration system.”

For employers in the health care sector, these changes could ease recruitment challenges and help fill critical positions.

Enhanced safety for roadside workers

The act aims to enhance safety for roadside workers by expanding existing laws under the Highway Traffic Act. Motorists would be required to slow down and move over for road workers with flashing amber lights, similar to existing protections for emergency vehicles and tow trucks.

“By expanding slow down, move over rules to include construction vehicles with amber lights flashing, we’re protecting the men and women building a stronger province for all of us,” said Prabmeet Sarkaria, Minister of Transportation.

Penalties for a first offence could include fines up to $2,000, three demerit points, and a possible two-year driver’s licence suspension.

Expanded cancer coverage for firefighters

The act proposes removing the requirement that a firefighter’s primary-site colorectal cancer diagnosis must be made before the age of 61 and lowering the required duration of service for primary-site kidney cancer from 20 to 10 years.

“These important revisions are seminal and ensure that all firefighters who develop these occupational cancers while safeguarding Ontarians will have better access to the support and coverage they need,” said Greg Horton, President of the Ontario Professional Firefighters Association.

What this means for employers

HR professionals and employers should monitor the progress of the legislation and prepare for potential changes to employment standards and health and safety obligations. The introduction of new leaves, enhanced safety requirements, and stricter penalties could impact workforce management, operational costs, and compliance efforts.

Organizations may need to update policies, provide additional training, and invest in new equipment to meet the proposed requirements.

“The strength and future of Ontario relies on a skilled, safe and productive workforce,” said Joseph Mancinelli, Vice President and Canadian Director of LiUNA International. “We welcome the leadership to keep costs low for workers and business, continued empowerment for women in skilled trades, immigration accountability and a focus on improved worker safety.”

“As our government continues to bring back better jobs and bigger paycheques to Ontario, we are keeping workers healthy and safe,” said Minister Piccini. “Our government’s proposed sixth Working for Workers bill will introduce game-changing measures to grow Ontario’s workforce.”

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