Occupational Health & Safety Legislation Tracker

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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that represent employees of these employers who are employed, or who may be employed, in the construction industry no longer represent those employees.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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Legislation Briefing
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 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
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.

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