Ontario passes legislation addressing job postings, sick notes and the increase in remote work

At a glance

• On 28 October 2024, Bill 190, the Working for Workers Five Act, 2024 (Bill 190), received Royal Assent.
• Bill 190 made changes to the Ontario Employment Standards Act, 2000 (ESA) and the Ontario Occupational Health and Safety Act (OHSA).
• Changes to the ESA include employees are no longer required to provide a sick note, fines have increased to CAD100,000, and future job postings must disclose a job vacancy, respond to applicants, and retain records.
• Changes to the OSHA include the definition of harrassment broadened, electronic posting of employee information is now allowed, remote meetings are permitted, telework in private residences is covered, and home offices are excluded from the 'industrial establishment' definition.

On 28 October 2024, Bill 190, received Royal Assent. Bill 190 makes several amendments to various employment-related statutes in Ontario, including the ESA and the OSHA. Key amendments include restrictions on employers from requesting sick notes, new requirements for public job postings and amendments to the OHSA which address the increase in remote work.

Changes to the Ontario Employment Standards Act

Effective 28 October 2024, the ESA is amended to:

• Prohibit employers from requiring an employee to provide a certificate from a 'qualified health practitioner' (ie a sick note) as evidence of entitlement to ESA sick leave. An employer may still request another form of evidence that is reasonable in the circumstances (eg an attestation).
• Increase the maximum fines for individuals convicted of an offence under the ESA or for failing to comply with an order, direction or other requirement under the ESA, from CAD50,000 to CAD100,000.

In addition, on a date to be announced in the future, the ESA will be amended to require employers to do the following with respect to publicly advertised job postings:

• disclose in publicly advertised job postings whether a position is ‎vacant or not;
• respond to applicants that they have interviewed for publicly advertised job postings and provide them with certain information, to be prescribed by regulation; and
• retain or arrange for some other person to retain, for three years, copies of all prescribed information provided to applicants that they have interviewed for publicly advertised job postings.

Changes to the Ontario Occupational Health and Safety Act

Effective 28 October 2024, the OHSA is amended as follows to address the increase in remote work:

• the definition of 'workplace harassment' and 'workplace sexual harassment' is expanded to expressly apply to harassment that occurs virtually through information and communications technology;
• employers will be allowed to post information required to be posted under the OHSA in an electronic format, as long as workers are directed on where and how to access the information and the information is in a readily accessible format;
• the requirement that joint health and safety committees meet 'at the workplace' will be removed such that remote meetings would be permissible;
• the application of the OHSA will be expanded to 'telework performed in or about a private residence'; and
• the definition of an 'industrial establishment' will exclude any office located in a private residence.

We will provide further updates once the new requirements with respect to publicly advertised job postings come into effect. In the interim, if you have any questions about any of the recent legislative amendments, do not hesitate to contact any member of our DLA Piper Canadian Employment and Labour Law Service Group, who will ensure that you are acting upon the most up-to-date information.