On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (“Bill 229”). Bill 229 builds on the government’s five prior Working for Workers acts by introducing further amendments to several workplace and employment-related statutes, including the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”).

Below is a summary of some of the key legislative changes proposed by Bill 229.[1]

Proposed Amendments to the ESA

Placement of a Child Leave

If passed, Bill 229 would introduce a new parental leave for employees who become parents through adoption or surrogacy. Employees with at least 13 weeks of service would be entitled to an unpaid leave of up to 16 weeks on account of the placement or arrival of a child into the employee’s custody, care, and control by way of adoption or surrogacy.

The total amount of leave that could be taken by one or more employees in respect of the same child would be 16 weeks, which an employee would be required to take in a single period. Leave could begin six weeks before the expected placement date or on the day the placement occurs, whichever comes first. Employees would be required to provide at least two weeks’ written notice prior to commencing the leave. Employers would be permitted to require employees to provide reasonable evidence in the circumstances to support their entitlement to a leave.

These proposed amendments would come into force on a day to be named by proclamation of the Lieutenant Governor.

Long-Term Illness Leave

If passed, Bill 229 would also introduce a new long-term illness leave, entitling an employee with at least 13 consecutive weeks of service to an unpaid leave of up to 27 weeks if the employee is unable to work due to a serious medical condition (which may include conditions that are chronic or episodic). Employees will be required to notify their employer in writing that they intend to take such a leave as soon as possible, and provide a supporting certificate issued by a “qualified health practitioner” that (i) states that the employee has a serious medical condition, and (ii) sets out the period during which the employee will be unable to perform the duties of their position as a result of their condition.[2] The leave entitlement would be 27 weeks or the period set out in the certificate, whichever is less.  

If the employee's serious medical condition persists after returning to work, within 52 weeks of the certificate's issuance or the employee stopping work (whichever comes first), they may be able to extend the leave or take a new leave. If the serious medical condition persists after 52 weeks, the employee may be eligible to take another leave, provided they meet the legislative requirements for doing so.

These proposed amendments would come into force on the day that is six months after the day the Working for Workers Six Act, 2024 receives Royal Assent.

Proposed Amendments to the OHSA

Mandatory Minimum Fine for Repeat Offenders of Qualifying Offences

If passed, Bill 229 would introduce a mandatory minimum fine of $500,000 for corporations convicted of a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period.

If passed as proposed, these amendments would come into force on the day the Working for Workers Six Act, 2024 receives Royal Assent.

Properly Fitted Personal Protective Equipment

Bill 229 also proposes to amend the OHSA to require employers to ensure that personal protective clothing and equipment (“PPE”) is properly fitted and appropriate in the circumstances. The government would also be empowered to make regulations related to the assessment of personal protective clothing and equipment. These proposed amendments are intended to ensure that women and workers with diverse body shapes have access to properly-fitting PPE. This expands from similar requirements imposed on the construction sector in the Working for Workers Act, 2023, to all workplaces.

These proposed amendments would come into force on the day the Working for Workers Six Act, 2024 receives Royal Assent.

Enhanced Powers of the Chief Prevention Officer

If passed, Bill 229 would authorize the Chief Prevention Officer (“CPO”), or an approved training officer, to establish criteria to assess training programs delivered outside of Ontario for equivalency to training programs approved under the OHSA. If the program is determined to be equivalent to a program under the OHSA, it will be deemed to have been approved for the purposes of the OHSA.

The CPO would also be authorized to establish, amend, and revoke policies regarding general training requirements established under the OHSA and provide advice to the Minister on any proposed changes in respect of the same.

The proposed amendments would also authorize the CPO to directly or indirectly collect personal information for purposes related to:

• developing, monitoring, and evaluating occupational health and safety and strategy;
• reporting on occupational health and safety; and
• providing advice to the Minister on the prevention of workplace injuries and occupational diseases, including planning or delivering programs and services related to the prevention of workplace injuries.

However, the proposed amendments to the OHSA contemplate that the CPO may only collect or use personal information that is reasonably necessary and must not collect or use the personal information referred to above if other information would reasonably serve such purposes.

These proposed amendments would come into force on the day the Working for Workers Six Act, 2024 receives Royal Assent.

Worker Trades Committee

If passed, Bill 229 would empower the Minister of Labour, Immigration, Training, and Skills Development (the “Minister”) to make orders in respect of worker trades committees. Specifically, the amendments would allow the Minister to require a constructor to establish a worker trades committee for a project and in doing so, may provide for the composition, practice, and procedure of the worker trades committee.

In exercising the powers conferred, the Minister may consider the nature of the work being done, the frequency of illness or injury in the workplace or the industry of which the constructor or employer is a part, the existence of a health and safety program and procedures in the workplace and their effectiveness, and such other matters as the Minister considers advisable.

These proposed amendments would come into force on the later of January 1, 2025 and the day the Working for Workers Six Act, 2024 receives Royal Assent.

Takeaways for Employers

As with previous iterations of Ontario’s Working for Workers acts, the changes proposed by Bill 229 are significant, and would impose increased obligations and duties on employers.

Our team will continue to track the progress of Bill 229 and provide updates as they become available. Should you have any questions regarding the impact of the proposed changes on your workplace, please contact a member of our Labour & Employment team.

[1] Bill 229 also makes amendments to the Highway Traffic Act, the Ontario Immigration Act, 2015, and the Workplace Safety and Insurance Act, 1997, and enacts the Skilled Trades Week Act, 2024.

[2] Bill 229 defines a “qualified health practitioner” as a person who is qualified to practice as a physician, registered nurse, or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee, or in the prescribed circumstances, a member of a prescribed class of health practitioners.