In May of 2024 the Ontario government introduced the Working for Workers Five Act, 2024 (the Act). The Cassels Employment & Labour Group provided an update and overview of the Act here. On October 28, 2024, the Act received royal assent and the following provisions are now in force:
- The Employment Standards Act, 2000 (the ESA) now prohibits employers from requiring an employee to provide a sick note to show evidence of the employee’s entitlement to ESA sick leave;
- The maximum fine for an individual convicted of an offence under the ESA has been increased to $100,000;
- The Occupational Health &Safety Act (OHSA) now applies to remote work performed in or around a private residence;
- OHSA’s definitions of workplace harassment and sexual harassment have been expanded to include harassment that occurs virtually;
- A constructor (as defined in OHSA) or employer can post the names and work locations of joint health and safety committee members electronically, provided that it is readily accessible;
- Employers may also post workplace health and safety policies, a copy of OHSA and any explanatory materials in readily accessible electronic formats rather than in the physical workplace.
As a result of these amendments to the ESA and OHSA, we recommend that all Ontario employers update their practices and policies regarding sick leave and workplace harassment and sexual harassment. Any employer needing assistance with these steps is encouraged to contact the Cassels Employment & Labour Group.