On November 27, 2024, the Government of Ontario announced that it will be introducing the Working for Workers Six Act, 2024 (the “Act”) building on a number of previous announcements, as well as five previous Working for Workers Acts.

The Act, if passed, would introduce further proposed amendments to several workplace-related statutes, including but not limited to the Occupational Health and Safety Act (the “OHSA”), the Employment Standards Act, 2000 (the “ESA”) and the Ontario Immigration Act, 2015 (the “OIA”) including the following changes:

• Introducing mandatory minimum fines of $500,000 for corporations convicted of repeated offences within a two-year period under the OHSA, which resulted in the death or serious injury of one or more workers.
• Introducing a 16-week job-protected leave to the ESA for adopted parents and parents through surrogacy, aligning with upcoming federal changes to create employment insurance (EI) benefits for adoption.
• Introducing a 27-week job-protected leave to the ESA for employees unable to work due to a serious medical condition as defined by a medical practitioner, such as cancer, multiple sclerosis, or Crohn’s.
• Expanding on the requirement for properly fitting personal protective clothing and equipment (PPE) for women and all workers with diverse body shapes in the construction sector to apply to all sectors.
• Ensuring access to clean washrooms by proposing specific requirements to increase accountability and transparency with washroom cleaning records, which will cover what records must be posted and where.
• Improving cancer coverage for firefighters, investigators, and volunteers by removing the requirement that a firefighter’s primary-site colorectal diagnosis must be made before the age of 61, as well as lowering the required duration of service for primary-site kidney cancer from 20 to 10 years.
• Expanding existing requirements under the Highway Traffic Act for drivers to slow down and move over when passing emergency vehicles and tow trucks to also include prescribed work-related vehicles at roadside with flashing amber lights activated (excluding construction zones with posted speed limits), to improve safety for roadworkers, such as highway maintenance workers. Penalties for a first offence could include fines up to $2000, three demerit points, and a possible two-year driver’s license suspension. Subsequent offences within five years could result in fines up to $4000, three demerit points, possible two-year driver’s license suspension, and possible jail time up to six months.
• Changes to the OIA requiring greater accountability and transparency between immigration representatives, employers and newcomers applying to the Ontario Immigrant Nominee Program (OINP), such as requiring representatives to have a written contract with OINP applicants, provide proof of their registration or license, to provide the status of OINP applications to applicants, and requiring that applicants have access to their own application or file.
• Tougher penalties under the OIA, including a minimum three and maximum ten year ban for immigration representations who engage in or counsel fraud, a lifetime ban for individuals convicted of a serious offence (such as human trafficking or withholding passports), and expanding the Government’s authority to issue fines.

These proposed changes have not yet been passed into law. We will continue to provide updates as details emerge regarding these upcoming changes.

If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale Lawyer.