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Search results:    Jurisdiction is 'Provincial'

Year Bill/Reg./Act Jurisdiction Status
2018 Bill 66 Provincial
Royal Assent
OHS Impact
The proposed legislation includes amendments to several of Ontario’s workplace laws, including both the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). The bill proposes changes to regulations relating to toxic chemicals, employment standards, child care caps, safety in assembly plants, pawnbrokers, food safety testing, wireless cellphone contracts, agriculture, water extraction permits, wastewater treatment, private career colleges and more.
Changes
Employment Standards Act, 2000
  • Posting ESA Posters: proposes that employers no longer be required to post in the workplace a poster providing information about the ESA and its associated regulations. Instead, employers would only be required to give each employee a copy of the most recent version of the poster.
  • Eliminating Requirement to Obtain Approval: Employers would no longer be required to seek the approval of the Director approval to make agreements that allow their employees to exceed 48 hours of work in a work week (entering overtime).
  • Duration of Overtime Averaging Agreements: Under the current terms of the ESA, averaging agreements applicable to unionized employees cannot be valid for more than one year after they take effect.  Under Bill 66, these agreements will continue to be effective until a subsequent collective agreement applicable to the employees comes into operation.
  • Existing Averaging Agreements: Existing averaging agreements would be deemed to have met the requirements set out in the ESA, and would continue to be valid until the employer and employee agree to revoke it, the Director revokes it, or the Director’s approval expires.
Labour Relations Act, 1995
  • Deeming Non-Construction Employers: proposes to amend the LRA to deem municipalities and certain local boards, school boards, hospitals, colleges, universities, and public bodies to be non-construction employers.  Hence, these entities would not be bound to the construction industry collective agreements, and all existing agreements would be terminated.
  • Amending the Bargaining Unit: Trade unions that represent employees of these employers who are employed, or who may be employed, in the construction industry no longer represent those employees. These entities would be able to apply to the Ontario Labour Relations Board to have the composition of such bargaining units redefined.
The new legislation also impacts other areas of workplace law, including:
  • Pension Benefits Act: Remove restrictions on the ability of private-sector employers to merge their single-employer pension plans with jointly sponsored pension plans.
  • Agriculture: The proposed amendments would apply the Agriculture Employees Protection Act (AEPA) to ornamental horticultural workers. Employees covered by AEPA are not permitted to unionize, but they have the right to form associations for the purposes of making representations to their employer regarding working terms and conditions.
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Year Bill/Reg./Act Jurisdiction Status
2019 Bill 100 Provincial
Royal Assent
OHS Impact
OHS impact: Bill 100 includes a number of measures aimed at modernizing and streamlining the Ministry of Labour enforcement efforts by helping employers to “educate themselves” on their workplace obligations
Changes
Bill 100 includes a number of measures aimed at modernizing and streamlining the Ministry of Labour enforcement efforts by helping employers to educate themselves on their workplace obligations. According to the budget, the ministry will develop “automated digital tools” to help employers educate themselves about employment standards so the ministry can focus on high-risk, high-impact investigations.
The Schedule enacts the PTSD Awareness Day Act, 2019, which proclaims June 27 in each year as PTSD Awareness Day.
 
Year Bill/Reg./Act Jurisdiction Status
2019 Bill 108 Provincial
Royal Assent
OHS Impact
This omnibus legislation provides a basket of diverse measures which include proposed amendments to the OHSA and WSIA.
Changes
  • Schedule 10 amendments relate to proposed changes to the Occupational Health and Safety Act that address the Chief Prevention Officer’s power to, among other things, revoke or amend an occupational health and safety committee member’s certification or amend the requirements for obtaining a certification
  • Schedule 13 proposes changes to the Workplace Safety and Insurance Act, 1997 to stipulate that the WSIB may establish premium rates ‘for partners and executive officers who perform no construction work that are different from premium rates established for the employers of the partners and executive officers and may adjust those rates’.
Year Bill/Reg./Act Jurisdiction Status
2019 Bill 119 Provincial
1st Reading
OHS Impact
In calculating the amount of payments to an injured worker, the Workplace Safety and Insurance Act, 1997 considers the earnings that a worker is able to earn in suitable and available work. Currently, the Workplace Safety and Insurance Board may decide that a worker is able to earn amounts that they are not actually earning, on the basis of suitable and available work they do not actually have. The amendments would prevent that from happening unless the worker refused employment in bad faith.
Changes
The Board shall not determine the following to be earnings that the worker is able to earn in suitable and available employment or business:
   1.  Earnings from an employment that the worker is not employed in, unless the worker, without good cause, failed to accept the employment after it was offered to the worker.
   2.  Earnings from a business that the worker does not carry on.
Year Bill/Reg./Act Jurisdiction Status
2019 Bill 143 Provincial
1st Reading
OHS Impact
The Bill proclaims April 28 in each year as Health and Safety at Work Day
 
Changes
By proclaiming April 28 of each year as Health and Safety at Work Day, the Province of Ontario recognizes the importance of supporting and nurturing a health and safety culture in every workplace. Health and Safety at Work Day is an opportunity to promote workplace health and safety through education of health and safety rights, responsibilities and prevention measures.
 
Year Bill/Reg./Act Jurisdiction Status
2020 191 Provincial
1st Reading
OHS Impact
If the Bill is passed, it will amend the Workplace Safety and Insurance Act, 1997 to add a presumption that COVID-19 is an occupational disease for workers working for essential businesses as deemed by an Order under the Emergency Management and Civil Protection Act.
Changes
  • If the Bill is passed, the new presumption would mean that COVID-19 cases would more easily be deemed to have arisen from the infected person’s work, therefore, entitling them to WSIB coverage.
  • It would also vacate COVID-19 claims from essential workers that had been denied prior to the Bill coming into force. Vacating a denied claim would mean that the worker could refile their claim and have it determined taking advantage of the new presumption.
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 141 Provincial
Royal Assent
OHS Impact
lntroduces mandatory accessibility inspection and maintenance requirements for the owners of automated external defibrillators located in public places. This legislation also gives the Minister of Health authority to designate types of public premises where the owner of the facility would be required to install an automated external defibrillator
Changes
If passed will create a registry of publicly accessible defibrillators and establish requirements relating to the installation, maintenance, testing and availability of defibrillators in designated locations
Will ensure that the locations of publicly accessible defibrillators are made available to 911 dispatchers, allowing them to direct callers to a nearby AED. The legislation also requires that they have appropriate signage, be accessible for easy identification, and be properly maintained by the owner of the defibrillator.
 
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 186 Provincial
In Force
OHS Impact
To provide job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or day care closures or to care for other relatives. Most employees and employers in Ontario are covered by the provisions in this legislation, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual workers. It does not apply to people in sectors that fall under federal jurisdiction, including employees working for banks, airports, inter-provincial and international rail, and federal crown corporation
 
Changes
Eenacted a new regulatory amendment O. Reg. 228/20, that will put non-unionized employees on Infectious Disease Emergency Leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to COVID-19. This will ensure businesses aren't forced to terminate employees after their ESA temporary layoff periods have expired. 

Terminations triggered when temporary layoffs exceed the permitted length under the Employment Standards Act can result in costly payouts which, for many businesses, could be the difference between survival and closure. Under the new regulatory change to the Employment Standards Act, non-unionized employees who have had their hours reduced or eliminated because of the pandemic will be deemed to be on Infectious Disease Emergency Leave. Workers will remain employed with legal protections and be eligible for federal emergency income support programs.

An employee will be able to take infectious disease emergency leave to care for family members (listed in the legislation), along with Job-protected leave.
The act provides job protection for employees unable to work for the following reasons:
  • The employee is under medical investigation, supervision or treatment for COVID-19.
  • The employee is acting in accordance with an order under the Health Protection and Promotion Act.
  • The employee is in isolation or quarantine in accordance with public health information or direction.
  • The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
  • The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
  • The employee is prevented from returning to Ontario because of travel restrictions.
The act also makes it clear that an employee will not be required to provide a medical note if they need to take the leave. However, the employer may require the employee to provide other evidence that is reasonable in the circumstances, at a time that is reasonable in the circumstances. This could include such requests as a note from the daycare or for evidence that the airline cancelled a flight, but not a medical note.

Employers are required to report all occupational illnesses, including COVID-19, to the Ministry of Labour, Training and Skills Development in writing within four days. Employers are also required to notify their joint health and safety committee or a health and safety representative and a trade union, if they exist.

These measures are retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario. They will remain in place until COVID-19 is defeated.
 
Additional Resources
Employers and workers in the health sector should be following the Ministry of Health COVID-19 Guidance for the Health Sector.
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 190 Provincial
Royal Assent
OHS Impact
The Declaration of Emergency has been extended until June 2. The declaration will allow Ontario to continue to enforce current emergency orders, such as restricting retirement and long-term care home employees from working in more than one facility and prohibiting events and gatherings of more than five people.
Changes
The House passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020, which will help people conduct business while practicing physical distancing by:
  • Providing authority to address in-person attendance rules for school board trustees' meetings in regulation. This would provide the flexibility in certain emergency situations to allow trustees to meet virtually during school closures;
  • Enabling corporations to call and hold meetings virtually, as applicable, and extending the time period in which annual meetings must be held in specific circumstances;
  • Allowing designations of a beneficiary to be provided electronically for Retirement Savings Plans, Retirement Income Funds, Locked-in Retirement Accounts, Life Income Funds and Tax-Free Savings Accounts;
  • Allowing electronic filing of business registration documents, and the Ministry of Government and Consumer Services to accept copies of business registration documents and e-signatures;
  • Allowing for regulations to set out the parameters for remotely commissioning or notarizing a document;
  • Extending, on a one-time basis for 2020, the legislated four-year period during which a Métis Nation of Ontario (MNO) election is mandated to be held to give more time to support remote voting.
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 195 Provincial
In Force
OHS Impact

This bill will  ensure important measures remain in place to address the threat of COVID-19 once the provincial declaration of emergency has ended. Specifically, the legislation would:
•    Continue emergency orders in effect under the Emergency Management and Civil Protection Act (EMCPA) under the new legislation for an initial 30 days.
•    Allow the Lieutenant Governor in Council to further extend these orders for up to 30 days at a time, as required to keep Ontarians safe.
•    Allow the Lieutenant Governor in Council to amend certain emergency orders continued under the EMCPA if the amendment relates to:
  • Labour redeployment or workplace and management rules;
  • Closure of places and spaces or regulation of how businesses and establishments can be open to provide goods or services in a safe manner;
  • Compliance with public health advice; or
  • Rules related to gatherings and organized public events.
  • Not allow new emergency orders to be created.
  • Allow emergency orders to be rescinded when it is safe to do so.
Changes
These measures will provide the province with the necessary flexibility to address the ongoing risks and effects of the COVID-19 outbreak as Ontario moves towards recovery. The Act will come into force on July 24, 2020 to coincide with the termination of the declared provincial emergency.

The Ontario government, in consultation with the Chief Medical Officer of Health, is extending orders currently in force under this Act. The extensions provide the government with the necessary flexibility to address the ongoing risks and effects of the COVID-19 outbreak and ensure important measures remain in place to protect vulnerable populations, such as seniors, people with developmental disabilities and those with mental health and addiction issues.

All orders under the ROA have been extended to September 22, 2020, with the following exceptions:
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 197 Provincial
Royal Assent
OHS Impact
Schedule 13: Occupational Health and Safety Act
Currently, subsection 70 (2) of the Occupational Health and Safety Act includes the authority to make regulations that adopt by reference certain codes, standards, criteria and guides. An amendment is made to provide that the power to adopt codes, standards, criteria and guides includes the power to adopt them as they may be amended from time to time.
Changes
 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Year Bill/Reg./Act Jurisdiction Status
2020 Bill 200 Provincial
1st Reading
OHS Impact
Aimed at permanently scrapping employers' ability to require doctors' notes from an employee who calls in sick.
Changes
The Bill amends the Employment Standards Act, 2000. It is about what evidence an employer can make an employee provide to show that they are entitled to sick leave. Employers retain the right to make an employee show evidence that they are entitled to sick leave, but are not permitted to require a certificate from a qualified health practitioner.
Year Bill/Reg./Act Jurisdiction Status
2020 R.S.O. 1990 Provincial
In Force
OHS Impact

Considerable powers are given to the Premier and the Lieutenant Governor in Council during a declared emergency to issue orders which are "necessary and essential in the circumstances to prevent, reduce or mitigate serious harm to persons". These orders will alleviate the risk or is a reasonable alternative to other actions.

Failure to comply with orders enacted under the EMCPA result in substantial penalties for both individuals and corporations. "Emergency" is defined in the EMCPA and includes "a disease or other health risk," which would include COVID-19.

Changes

Ontario government, in consultation with Ontario's Chief Medical Officer of Health, has extended all emergency orders currently in force that were made under s.7.0.2(4) of the Emergency Management and Civil Protection Act to July 22, 2020. The extension was made to ensure the province maintains the necessary flexibility to protect public health and safety as more businesses reopen and people go back to work.

Stage 3 of reopening will come into effect on July 17th for the following regions: 

  • Algoma Public Health
  • Brant County Health Unit
  • Chatham-Kent Public Health
  • Eastern Ontario Health Unit
  • Grey Bruce Health Unit
  • Haliburton, Kawartha, Pine Ridge District Health Unit
  • Hastings Prince Edward Public Health
  • Huron Perth Public Health
  • Kingston, Frontenac and Lennox & Addington Public Health
  • Leeds Grenville & Lanark District Health Unit
  • Middlesex-London Health Unit
  • North Bay Parry Sound District Health Unit
  • Northwestern Health Unit
  • Ottawa Public Health
  • Peterborough Public Health
  • Porcupine Health Unit
  • Public Health Sudbury & Districts
  • Region of Waterloo Public Health and Emergency Services
  • Renfrew County and District Health Unit
  • Simcoe-Muskoka District Health Unit
  • Southwestern Public Health
  • Thunder Bay District Health Unit
  • Timiskaming Health Unit
  • Wellington-Dufferin-Guelph Public Health​
​The following public health units will be allowed to move into Stage 3 on Friday, July 24, 2020 at 12:01 a.m.:
  • Durham Region Health Department;
  • Haldimand-Norfolk Health Unit;
  • Halton Region Health Department;
  • Hamilton Public Health Services;
  • Lambton Health Unit;
  • Niagara Region Public Health Department; and
  • York Region Public Health Services.

Toronto, Peel Region and Windsor-Essex Region will, however, remain in Stage 2

Emergency orders in force
O. Reg. Order Description
50/20 Declaration of Emergency
106/20 Extensions and renewals of orders
114/20 Enforcement of orders
51/20 Closure of establishments
263/20 Stage 2 closures
82/20 Closure of places of non-essential businesses
104/20 Closure of outdoor recreational amenities
52/20 Organized public events, certain gatherings
98/20 Prohibiting unfair pricing on necessary goods
139/20 Child care fees
80/20 Electricity price for RPP consumers
195/20 Treatment of temporary COVID-19 related payments to employees
241/20 Special rules regarding temporary pandemic pay
120/20 Access to COVID-19 status information by specified persons
190/20 Access to personal health information by means of the electronic health record
192/20 Certain persons enabled to issue medical certificates of death
193/20 Hospital credentialing processes
116/20 Work deployment for boards of health
74/20 Work deployment for health service providers
77/20 Work deployment for long-term care homes
118/20 Work deployment measures in retirement homes
146/20 Limiting work to a single long-term care home
158/20 Limiting work to a single retirement home
163/20 Work deployment measures for mental health and addictions agencies
156/20 Deployment of employees of service provider organizations
95/20 Streamlining requirements for long-term care homes
210/20 Management of long-term care homes in outbreak
240/20 Management of retirement homes in outbreak
140/20 Agreements between health service providers and retirement homes
141/20 Temporary health or residential facilities
121/20 Service agencies providing services and supports to adults with developmental disabilities
145/20 Work deployment measures for service agencies providing violence against women residential services and crisis line services
154/20 Work deployment measures for district social services administration boards
157/20 Work deployment measures for municipalities
177/20 Congregate care settings
205/20 Education sector
129/20 Signatures in wills and powers of attorney
128/20 Pick up and delivery of cannabis
75/20 Drinking water and sewage
73/20 Limitation periods
89/20 Traffic management
132/20 Use of force and firearms in policing services
76/20 Electronic service of documents

Revoked emergency orders
   
191/20 Global adjustment for market participants and consumers
142/20 Closure of public lands for recreational camping
107/20 Corporations, co-operative corporations and condominium corporations
 

On April 27th, 2020 the Provincial Government of Ontario introduced A Framework for Reopening the Province (Framework) following the measures taken to control and prevent the spread of Covid-19. The three stage Framework is a document setting out the public health principles behind its decision-making.

The Ontario government is helping restaurant and bar owners reopen and safely serve more customers by issuing a new emergency order and amending another under s.7.0.2 (4) of the Emergency Management and Civil Protection Act, which will allow municipalities to quickly pass temporary bylaws for the creation and extension of patios and allow covered outdoor dining areas to serve customers.

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