Ontario’s Working for Workers Six Act, 2024 (Bill 229): A Guide for Employers

On November 27, 2024, the Ontario government introduced Bill 229, titled the Working for Workers Six Act, 2024. This legislation represents the latest installment in a series of reforms aimed at modernizing Ontario's employment laws. If passed, Bill 229 will amend several key statutes, including: 

• Employment Standards Act, 2000 (ESA) 
• Occupational Health and Safety Act (OHSA) 
• Workplace Safety and Insurance Act, 1997 (WSIA) 
• Highway Traffic Act 
• Ontario Immigration Act 

This blog explores the key components, objectives, and constraints of Bill 229 while addressing ambiguities and missing information for Ontario employers. Please note that Bill 229 has not been given royal assent. It is not yet in effect.

Employment Standards Act (ESA) 

What are the changes to Ontario’s ESA? 

Placement of a Child Leave 

A new section 47.1, ESA, introduces Placement of a Child Leave: 

• Eligibility: Employees employed for at least 13 weeks 
• Duration: Up to 16 weeks of unpaid leave 
• Reason: Placement or arrival of a child into the employee's custody, care, and control through adoption or surrogacy 
• Notice: Employees must provide at least two weeks' written notice of leave dates 
• Evidence: Employers may request reasonable evidence of entitlement 

Employers will have to: 

• Update Statutory Leave of Absence Policy to include Placement of a Child Leave 
• Train HR personnel on the new leave provisions 
• Establish procedures for handling leave requests and maintaining confidentiality 

Long-term Illness Leave 

A new section 49.8, ESA, introduces Long-term Illness Leave: 

• Eligibility: Employees employed for at least 13 consecutive weeks 
• Duration: Up to 27 weeks of unpaid leave 
• Reason: Employee unable to perform duties due to a serious medical condition 
• Requirement: Qualified health practitioner must issue a certificate stating the condition and duration 

Employers will have to: 

• Update leave policies to include Long-term Illness Leave 
• Develop procedures for requesting and verifying medical certificates
• Train managers on accommodating employees returning from long-term illness leave 

What are the changes to the Occupational Health and Safety Act (OHSA)? 

Training Programs and Requirements 

New sections and amendments enhance training standards: 

• The Chief Prevention Officer can establish criteria for assessing out-of-province training programs 
• Equivalent out-of-province programs can be deemed approved 
• The Chief Prevention Officer can establish policies on general training requirements (employers can expect further regulations coming from this OHS Body) 

In a nutshell, Bill 229 is expanding the authority of the Chief Prevention Officer under OHSA to assess training programs delivered outside Ontario for equivalency and establish policies on general training requirements. 

Personal Protective Equipment (PPE) 

Section 25, OHSA will be amended to require employers to ensure: 

• Personal protective equipment is properly fitted 
• Equipment is appropriate for the circumstances, considering all relevant factors 

The Bill is expanding the obligations, at first only applicable to the Construction section, to all sectors in Ontario. Employers must provide properly fitting PPE for women and diverse body shapes. 

Employers will have to: 

• Conduct a comprehensive review of all personal protective equipment 
• Implement fit-testing procedures where necessary 
• Train supervisors on assessing the appropriateness of protective equipment 

Increased Fines for Corporations 

Maximum fines for corporations convicted of offenses are increased to $2,000,000. A minimum fine of $500,000 is introduced for second or subsequent offenses resulting in death or serious injury within a two-year period. 

What are the changes to the Workplace Safety and Insurance Act, 1997? 

Presumptive Coverage for Firefighters 

New presumptions are added for certain cancers in firefighters: 

• Primary-site kidney cancer and primary-site colorectal cancer are presumed to be occupational diseases for firefighters with at least 10 years of service 
• This applies to full-time, part-time, and volunteer firefighters 

Employers will have to: 

• For municipalities or organizations employing firefighters, review and update occupational disease policies 
• Ensure proper documentation of firefighters' service duration 
• Implement health monitoring programs for early detection of these cancers 

Highway Traffic Act 

Approaching Emergency and Work-related Vehicles 

Section 159 is amended to enhance safety measures: 

• Drivers must slow down and proceed with caution when approaching stopped emergency vehicles, tow trucks, or work-related vehicles with flashing lights (Health & Safety Protections for Road-Construction Workers) 
• On multi-lane highways, drivers must move into another lane when safe to do so 
• Fines for non-compliance range from $400 to $2,000 for first offenses, and $1,000 to $4,000 for subsequent offenses 

Employers will have to: 

• Update company vehicle policies and driver training programs 
• Inform employees who drive as part of their job about the new requirements 
• Consider implementing a system to track and report near-misses or incidents related to these situations (Applicable to all employers, especially those in Road Construction Work Zone) 

Ontario Immigration Act, 2015 

Representatives and Recruiters 

New provisions are introduced to regulate immigration representatives and recruiters: 

• Representatives must comply with prescribed standards and requirements 
• Misrepresentation in immigration applications is prohibited 
• The Minister can ban individuals from acting as representatives or recruiters for extended periods 

Constraints for employers 

Ontario employers must navigate several challenges under Bill 229: 

Compliance Costs: Ensuring PPE fits diverse body types may require additional investments in assessments and equipment procurement. 

Administrative Burden: Managing new leave entitlements requires adjustments to HR policies and processes. Especially, around the management of long-term serious illness/injury leave. 

Financial Risks: Higher penalties under OHSA increase exposure for non-compliance. 

Ambiguities and missing information 

While Bill 229 outlines significant changes, some details remain unclear: 

1. The exact criteria for assessing PPE appropriateness remain undefined pending regulatory guidance. 

2. Implementation timelines for certain provisions, such as Child Placement Leave, are not specified but will depend on royal assent. 

Do you have questions about Working for Workers Six Act, 2024 ?

The Working for Workers Six Act, 2024 represents a significant step forward in protecting workers' rights while imposing new responsibilities on employers.

Our  HR experts can clarify any concerns you may have, review company policies, and help you navigate any current situations with employees. To learn more about how our services can benefit your business, call an expert today at  1 (833) 247-3652.