On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 received Royal Assent. In this article, we will break down the core components of the Act and explore how these changes will impact workers, businesses, and the broader economy.
Preamble: A Commitment to Workers
At the heart of the Working for Workers Five Act is a commitment to enhancing the well-being of workers while fostering a more robust and competitive economy. The Government of Ontario acknowledges that improving fairness in the workplace, supporting workers in the skilled trades, and ensuring access to safer work environments will benefit both individuals and businesses. The ultimate goal is to help Ontario workers earn better wages, find better opportunities, and thrive in a more equitable job market.
Key Amendments: What Does the Act Address?
1. Building Opportunities in the Skilled Trades
- One of the major provisions of the Act is the amendment to the Building Opportunities in the Skilled Trades Act, 2021. The amendments simplify the criteria for training in the skilled trades, allowing individuals to meet alternative standards if they cannot fulfill prescribed academic requirements. This change is expected to lower barriers for people entering skilled trades and enhance workforce participation.
2. Employment Standards
- The Act also introduces several updates to the Employment Standards Act, 2000, most notably in the areas of job postings and interviews. Employers are now required to provide clear information about whether a job is for an existing vacancy and disclose other prescribed details. Additionally, after conducting interviews, employers must share specific feedback with applicants.
- The Act strengthens the retention of interview data, requiring employers to keep records for three years, ensuring transparency and fairness in the hiring process.
3. Access to Regulated Professions
- Amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 focus on making it easier for individuals to enter regulated professions. The Act mandates that professions disclose alternative documentation requirements when an applicant cannot provide the standard documents. This ensures that individuals facing challenges in obtaining documentation can still pursue their desired career paths.
4. Occupational Health and Safety Improvements
- The Occupational Health and Safety Act has also been updated, especially regarding the virtual workplace. New definitions expand the scope of "workplace harassment" and "sexual harassment" to include instances that occur virtually, reflecting the evolving nature of work in the digital age.
- Moreover, the Act has introduced stricter guidelines for maintaining sanitary conditions in workplace washroom facilities, emphasizing the responsibility of employers and constructors to ensure a clean and safe environment for workers.
5. Workplace Safety and Insurance
- The Workplace Safety and Insurance Act now includes new provisions that extend coverage to wildland firefighters and wildland fire investigators. These workers, who provide vital fire protection services, will now be eligible for benefits under the Act. Furthermore, the Act establishes presumptions that certain conditions, such as posttraumatic stress disorder (PTSD), may be occupational diseases for these workers, offering them easier access to benefits.
Implementation and Timeline
The Working for Workers Five Act will come into force gradually. Some provisions, like those related to the Employment Standards and Occupational Health and Safety Acts, will be enforced immediately upon Royal Assent, while others, particularly those concerning amendments to the Workplace Safety and Insurance Act, will come into effect at a later date. This phased approach allows for the necessary adjustments to be made in line with the new regulations.
The Impact on Ontario’s Workforce
The Working for Workers Five Act marks a significant step forward in modernizing Ontario’s labour laws and improving the working conditions for thousands of workers across the province. By focusing on fairness, accessibility, and safety, the Act not only supports workers but also aims to boost the province’s economy by addressing the skills shortage in essential industries like the skilled trades and public safety.
For businesses, this legislation will require greater transparency and record-keeping, especially in hiring practices. Companies will need to adapt to new standards for job postings and interview processes, which may involve additional administrative work but will ultimately lead to a fairer and more inclusive job market.
Conclusion
The Working for Workers Five Act, 2024 is an ambitious and transformative piece of legislation designed to enhance the welfare of Ontario’s workforce. By making it easier for workers to enter regulated professions, ensuring fairness in hiring practices, and improving safety and working conditions, the government is paving the way for a more inclusive and prosperous future for all Ontarians. As the legislation continues to roll out, it will be crucial for both employers and workers to stay informed and adjust to these important changes.
Reference
Legislative Assembly of Ontario
Bill 190 Royal Assent (PDF)