MEMBER TALKS
UPCOMING AND PROPOSED CHANGES TO ONTARIO’S
Workplace Laws
JONATHAN BORRELLI AND JORDAN CANTOR Partners KMB Law
Once again, employers should brace themselves for important changes to employment laws in Ontario. The Ontario government has a series of legislative changes that came into effect on October 26, 2023, in addition to some potential changes that may be forthcoming.
Legislative Changes – Bill 79, Working for Workers Act, 2023
In 2021, the Ontario Government introduced the first Working for Workers Act. This legislation prohibited non-compete agreements and required larger employers to create a written policy concerning disconnecting from work. The Working for Workers Act 2022 required employers to have a written policy concerning the electronic monitoring of employees. The third iteration of the Working for Workers Act received royal assent on October 26, 2023, signaling its official adoption into law. The Bill’s provisions were enacted on the same day, significantly impacting businesses. These amendments encompass many areas within the Ontario employment framework, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006.
Amendments to the ESA
• Mass Terminations: The amendments include certain remote workers in the mass termination rules, expanding the scope of protection for employees. These rules now provide for extended notice periods when 50 or more employees are terminated at an “establishment.” The revised definition of “establishment” includes an employee’s private residence if the employee conducts work exclusively from that location, thereby affecting termination entitlements in mass termination scenarios.
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• Reservist Leave Expansion: The eligibility criteria for reservist leave are broadened to encompass situations where an employee requires treatment, recovery, or rehabilitation due to illness or injury resulting from their involvement in reservist activities. Furthermore, the service requirement for reservist leave eligibility has been reduced from three to two months. • Temporary Help Agencies: Bill 79 would also strengthen protections for foreign nationals. First, it would amend the ESA by enhancing the licensing requirements for recruiters and those who use third parties to assist with the recruitment and employment of foreign nationals. The licensing requirements will focus on persons who directly charge fees prohibited under section 7 of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). Bill 79 also amends the EPFNA to provide that the Ontario Labour Relations Board (Board) would be required to reduce penalties associated with notices of contravention related to a person taking possession of or retaining a foreign national’s passport or work permit where the Board determines that the penalty is “excessive in the circumstances or is, by its magnitude, punitive in nature….”
Occupational Health and Safety Act
Under the OHSA, the maximum fine for corporations violating occupational health and safety regulations increased from $1.5 million to $2 million. These heightened penalties underscore the government’s commitment to safeguarding workplace safety.
CONNECT | 2024 ISSUE 1
