Ontario Working for Workers Act, 2023 – Changes to the Employment Standards Act, 2000 and the Occupational Health and Safety Act
Bill 79, the Working for Workers Act, 2023 (“Bill 79”) received Royal Assent on October 26, 2023. Bill 79 will implement amendments to various employment law related statutes. This article summarizes the impact of Bill 79 on certain key aspects of the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”).
Expanded military reservist leave
Bill 79 amends the ESA to provide expanded eligibility for reservist leave. Military reservists can now take leaves of absence to recover from physical injuries or mental health illnesses that result from a Canadian Forces operation deployment. In addition, military reservists will now be eligible for reservist leave after only two months of employment, which is less than the three months of employment previously required.
Remote workers included in mass termination provisions
The ESA provides enhanced notice of termination if 50 or more employees are terminated at an employer’s “establishment” within a four week period. The required notice period is based on the number of employees terminated within a four week period, rather than an individual employee’s length of service. “Establishment” currently refers to the location where the employer carries on business. Under the ESA, separate locations constitute one establishment if, (i) the separate locations are located within the same municipality, or (ii) one or more employees at a location have seniority rights that extend to the other location under a written employment contract whereby the employee or employees may displace another employee of the same employer.
To capture remote workers, Bill 79 expands the definition of “establishment” to include the residence of an employee, so long as that employee does not perform work at any of the employer’s other locations (i.e. fully remote employees). This amendment means that remote workers will be included in the count when determining whether a mass termination occurred. Further, remote employees would be eligible for the same notice period requirements as any non-remote employees when a mass termination occurs.
Finally, Bill 79 amends the form requirements that employers must comply with during a mass termination. In addition to filing with the Ministry of Labour and posting the form in the employer’s establishment, employers will now have to provide the required information to each affected employee directly.
Increased fines under the OHSA
The maximum fine for a corporation convicted under the OHSA is increased from $1,500,000 to $2,000,000.
For further information, please 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.
