Ontario Bill 229 (43rd Parliament, 1st Session)

Bill 229, 43-1

Ontario — Bills

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Bill 229, Working for Workers Six Act, 2024

Piccini, Hon. David Minister of Labour, Immigration, Training and Skills Development

Royal Assent received. Statutes of Ontario 2024,

chapter 41

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EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 229 and does not form part of the law.

Bill 229 has been enacted as

Chapter 41 of the Statutes of Ontario, 2024.

SCHEDULE 1

EMPLOYMENT STANDARDS ACT, 2000

The

Employment Standards Act, 2000 is amended to add a

new

section 47.1 (Placement of a child leave), which provides that an employee who

has been employed by an employer for at least 13 weeks is entitled to up to 16

weeks of leave without pay because of the placement or arrival of a child into

the employee’s custody, care and control through adoption or surrogacy.

The

Act is also amended to add a new

section 49.8 (Long-term illness leave), which

provides that an employee who has been employed by an employer for at least 13

consecutive weeks is entitled to up to 27 weeks of leave without pay if the

employee will not be performing the duties of the employee’s position because

of a serious medical condition.

SCHEDULE 2

HIGHWAY TRAFFIC ACT

The

Schedule repeals and replaces

section 159 of the Highway

Traffic Act to add a requirement for drivers to slow down and proceed

with caution when a work-related vehicle with flashing amber lights is stopped

on a highway. Similarly, the amendments require drivers to move into another

lane, if it is safe to do so, when such a vehicle is stopped on a highway with

two or more lanes. These requirements do not apply in certain construction

zones. A regulation-making authority is added to allow the Lieutenant Governor

in Council to define “work-related vehicle”.

SCHEDULE 3

OCCUPATIONAL HEALTH AND SAFETY ACT

The

Schedule amends the Occupational Health and Safety Act .

Here are some highlights:

New

section 7.2.1 authorizes the Chief Prevention Officer to establish criteria to

be used to assess training programs delivered outside Ontario for equivalency.

An approved training provider may be approved to assess the training programs.

If a training program is determined to be equivalent to a program approved

under the Act, the program is deemed to have been approved for the purposes of

the Act.

New

section 7.8 authorizes the Chief Prevention Officer to establish policies

regarding general training requirements established under the Act.

Section

10 of the Act is amended to provide the Minister with the power to make orders

in respect of worker trades committees.

Section

22.3 of the Act is amended to provide that the Chief Prevention Officer may

seek advice from a committee or person appointed under subsection 21 (1) of the

Act. In addition, copies of any assistance, advice or report provided to the

Minister by a committee are to be provided to the Chief Prevention Officer.

New

section 22.3.1 of the Act provides for the collection of personal information

by the Chief Prevention Officer for certain purposes.

Section

25 of the Act is amended to require employers to ensure that personal

protective clothing and equipment that is provided, worn or used is a proper

fit and is appropriate in the circumstances, having regard to all relevant

factors, including such factors as may be prescribed.

Subsection

66 (2) of the Act, which sets out the fines applicable to corporations for

convictions under the Act, is re-enacted. In addition to setting the maximum

fine, the new provision also sets a minimum fine for second or subsequent

offences that result in the death or serious injury of one or more workers.

Section

70 of the Act is amended to give the Lieutenant Governor in Council authority

to make regulations requiring the assessment of personal protective clothing

and equipment and prescribing requirements related to the conduct of those

assessments.

SCHEDULE 4

ONTARIO IMMIGRATION ACT, 2015

The

Schedule amends the Ontario Immigration Act, 2015

to require representatives to comply with any standards or requirements that

may be prescribed by the Minister.

new

section provides that a person or body shall not make misrepresentations,

or counsel the making of misrepresentations, that falsely allege that an

applicant meets any prescribed criteria for approval. Failure to comply with

the

section is an offence.

Currently,

the director may ban a person or body from making an application for approval

or acting as a representative or recruiter for up to five years in certain

circumstances. The Act is amended to provide that the Minister may also impose

such bans, and new minimum and maximum ban periods are specified for

representatives.

section is added respecting liability of various persons.

SCHEDULE 5

SKILLED TRADES WEEK ACT, 2024

The

Schedule enacts the Skilled Trades Week Act, 2024 ,

which proclaims the first full week in November in each year as Skilled Trades

Week.

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

Section

15.1 of the Workplace Safety and Insurance Act, 1997 ,

which creates presumptions that apply to certain firefighters and fire

investigators, is amended to establish presumptions in respect of primary-site

kidney cancer and primary-site colorectal cancer. Related amendments are made

to provisions of that

section and to

section 15.2 of the Act.

New

section 97.3 of the Act provides that, in certain circumstances, the Board is

required to distribute amounts in the insurance fund in excess of specified

amounts among certain

Schedule 2 employers.

New

section 97.4 of the Act provides for the immunity of the Board, members of the

board of directors, officers and employees of the Board and the Crown in

specified circumstances.

Bill 229 2024

Act to enact the Skilled Trades Week Act, 2024 and to amend various statutes

with respect to employment and labour and other matters

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Employment

Standards Act, 2000

Schedule 2

Highway

Traffic Act

Schedule 3

Occupational

Health and Safety Act

Schedule 4

Ontario

Immigration Act, 2015

Schedule 5

Skilled

Trades Week Act, 2024

Schedule 6

Workplace

Safety and Insurance Act, 1997

Preamble

The

Government of Ontario continues to:

Ontario workers access better training, better jobs, and bigger paycheques with

its sixth Working for Workers bill.

Support

the well-being of workers and their families, as well as keep costs low for

workers and businesses.

Honour

the contributions of the workers who built Ontario.

Grow

Ontario’s skilled trades workforce and strengthen protections for first

responders.

Ensure

Ontario remains the best place to live, work and raise a family.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Working for Workers Six Act, 2024 .

SCHEDULE 1

EMPLOYMENT STANDARDS ACT, 2000

(1) Subsection 15 (7) of the Employment

Standards Act, 2000 is amended by adding “placement of a child leave”

after “pregnancy leave”.

(2) Subsection

15 (7) of the Act is amended by adding “long-term illness leave” after

“domestic or sexual violence leave”.

Subsection 29 (2.1) of the Act is amended by striking out “46 or 48” and

substituting “46, 47.1 or 48”.

The Act is amended by adding the following section:

Placement

of a Child Leave

Placement

of a child leave

47.1

(1) In this

section,

“placement”

means,

(

a) the

placement of a child into an employee’s custody, care and control for the first

time for the purposes of adoption,

(

b) the

arrival of a child into an employee’s custody, care and control for the first

time where the person who gave birth to the child is a surrogate, or

(

c) the

occurrence of any other prescribed event or prescribed circumstances.

Entitlement

to leave

(2) An

employee who has been employed by an employer for at least 13 weeks is entitled

to a leave of absence without pay because of a placement.

Total

amount of leave

(3) The

total amount of leave that may be taken by an employee under this

section in

respect of a child is 16 weeks.

Same

(4) The

total amount of leave that may be taken by one or more employees under this

section in respect of the same child is 16 weeks.

than one placement

(5) The total amount of leave that

may be taken by one or more employees under this

section in respect of the

placement of the same two or more children is 16 weeks if,

(

a) the

placements occur on the same day; or

(

b) the

placements occur during a prescribed period or in the prescribed circumstances.

Single

period

(6) An

employee may take a leave under this

section only in a single period.

When

leave may begin

(7) An

employee may begin a leave under this

section no earlier than the earlier of,

(

a) the

day that is six weeks before the expected date of the placement; and

(

b) the

day the placement occurs.

When

leave ends

(8) A

leave under this

section ends no later than 17 weeks after the day the

placement occurs.

placement will not occur

(9) If,

during a leave under this section, the employee is informed that the placement

will not occur, the leave continues for 14 days after the day on which the

employee is so informed or, if the employer and employee agree, for fewer days.

Notice

re beginning and end of leave

(10) An

employee wishing to take a leave under this

section shall give the employer

written notice of the days on which

the employee intends to begin and end the leave at least two weeks

before the day the leave is to begin.

Notice

to change date

(11) An

employee who has given notice to begin a leave under this

section may begin the

leave,

(

a) on

an earlier day than was set out in the notice, if the employee gives the

employer a new written notice at least two weeks before that earlier day; or

(

b) on

a later day than was set out in the notice, if the employee gives the employer

a new written notice at least two weeks before that later day.

placement earlier than expected

(12) If

an employee stops working because a placement occurs earlier than expected,

(

a) the

employee’s leave under this

section begins on the day the employee stops

working; and

(

b) the

employee must give the employer written notice that the employee is taking a leave

under this

section within two weeks after stopping work.

Changing

end date

(13) An

employee may end a leave under this section,

(

a) on

an earlier day than was set out in the notice, if the employee gives the

employer a new written notice at least four weeks before the earlier day; or

(

b) on

a later day than was set out in the notice, if the employee gives the employer

a new written notice at least four weeks before the day indicated in the

original notice.

Evidence

(14) An

employer may require an employee who takes a leave under this

section to

provide evidence reasonable in the circumstances of the employee’s entitlement

to the leave.

Employee

not returning

(15) An

employee who takes a leave under this

section shall not terminate the

employee’s employment before the leave expires or when it expires without

giving the employer at least four weeks written notice of the termination.

Exception

(16) Subsection

(15) does not apply if the employer constructively dismisses the employee.

Subsection 49 (1) of the Act is repealed and the following substituted:

End

of parental leave

(1) An employee’s parental leave ends,

(a) 61 weeks after it began if the employee

also took pregnancy leave;

(b) 62 weeks after it began if the employee

also took placement of a child leave; or

The Act is amended by adding the following section:

Long-term

Illness Leave

Definitions

49.8

(1) In this

section,

“qualified health

practitioner” means,

(

a) a

person who is qualified to practise as a physician, a registered nurse or a psychologist

under the laws of the jurisdiction in which care or treatment is provided to

the employee, or

(

b) in

the prescribed circumstances, a member of a prescribed class of health

practitioners; (“praticien de la santé qualifié”)

“week”

means a period of seven consecutive days beginning on Sunday and ending on

Saturday. (“semaine”)

Entitlement

to leave

(2) An employee who has been

employed by an employer for at least 13 consecutive weeks is entitled to a

leave of absence without pay i f,

(

a) the employee will not be performing the

duties of the employee’s position because of a serious medical condition; and

(

b) a

qualified health practitioner issues a certificate that,

(

i) states

that the employee has a

serious

medical condition, and

(ii) sets

out the period during which the employee will not be performing the duties of the

employee’s position because

of the serious medical condition.

Serious

medical condition

(3) For

greater certainty, a serious medical condition referred to in subsection

(2) may include a condition that is chronic or episodic.

Entitlement

of 27 weeks

(4) Subject

to subsection (5), the total amount of leave that may be taken by an employee

under this

section is 27 weeks, even if the employee has more than one serious

medical condition.

Limit

— period less than 27 weeks

(5) If the certificate described in clause

(2) (

b) sets out a period of less than 27 weeks, the employee is entitled to

take a leave only for the number of weeks in the period specified in the

certificate.

When

leave ends

(6) Subject

to subsection (7), a leave under this

section ends no later than the last day

of the period specified in the certificate described in clause (2) (b).

Limitation

period

(7) If

the period specified in the certificate described in clause (2) (

b) is 52 weeks

or longer, the leave ends no later than the last day of the 52-week period that

begins on the earlier of,

(

a) the

first day of the week in which the certificate is issued; and

(

b) the

first day of the week in which the employee was not performing the duties of the

employee’s position because

of the serious medical condition.

Further

leave

(8) If

an employee who has taken a leave under this

section continues to have a serious medical

condition after the employee

returns to work but before the 52-week period described in subsection

(7) expires, the employee is entitled to take an extension of the leave or a new

leave if,

(

a) a

qualified health practitioner issues an additional certificate described in clause

(2) (

b) that sets out a different period during which the employee will not be

performing the duties of the employee’s

position because of the serious medical condition;

(

b) the

amount of leave that has been taken and the amount of leave the employee takes

under this subsection does not exceed 27 weeks in total; and

(

c) the

leave ends no later than the last day of the 52-week period described in

subsection (7).

Additional

leaves

(9) If

an employee still has a serious medical condition after the 52-week period

described in subsection (7) expires, the employee is entitled to take another

leave and the requirements of this

section apply to the new leave.

Advising

employer

(10) An

employee who wishes to take a leave under this

section shall advise the employee’s employer in writing that

the employee will be doing so.

Same

(11) If

the employee must begin the leave before advising the employer, the employee

shall advise the employer of the leave in writing as soon as possible after

beginning it.

Leave

deemed to be taken in entire weeks

(12) For

the purposes of an employee’s entitlement under this section, if an employee

takes any part of a week as leave under this section, the employer may deem the

employee to have taken one week of leave.

Copy

of certificate

(13) If

requested by the employer, the employee shall provide the employer with a copy

of the certificate referred to in clause (2) (

b) as soon as possible.

(1) Section 141 of the Act is amended by adding the following

subsection:

Transitional

regulations

(2.0.3.9) The

Lieutenant Governor in Council may make regulations providing for any

transitional matter that the Lieutenant Governor in Council considers necessary

or advisable in connection with the implementation of the amendments made by

the Working for Workers Six Act, 2024 .

(2) Subsection

141 (2.0.4) of the Act is amended by striking out “(2.0.3.7) or (2.0.3.8)”

wherever it occurs and substituting in each case “(2.0.3.7), (2.0.3.8) or

(2.0.3.9)”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Working for Workers Six

Act, 2024 receives Royal Assent.

(2) Subsection

1 (2) and

section 5 come into force on the day that is six months after the day

the Working for Workers Six Act, 2024 receives

Royal Assent.

(3) Subsection

1 (1) and sections 2, 3 and 4 come into force on a day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 2

HIGHWAY TRAFFIC ACT

Section 159 of the Highway Traffic Act is repealed

and the following substituted:

Approaching,

following emergency vehicles

Stop

on approach of vehicle with flashing lights or bell or siren sounding

(1) The

driver of a vehicle, upon the approach of a vehicle mentioned in clause (

a) of

the definition of “emergency vehicle”, with its bell or siren sounding or with

its lamp producing intermittent flashes of red light or red and blue light, or

upon the approach of a public utility emergency vehicle with its bell or siren

sounding or its lamp producing intermittent flashes of red light, shall

immediately bring such vehicle to a standstill,

(

a) as

near as is practicable to the right-hand curb or edge of the roadway and

parallel therewith and clear of any intersection; or

(

b) when

on a roadway having more than two lanes for traffic and designated for the use

of one-way traffic, as near as is practicable to the nearest curb or edge of

the roadway and parallel therewith and clear of any intersection.

Slow

down on approaching specified stopped vehicles

(2) If

any of the following vehicles is stopped on a highway, the driver of a vehicle

travelling on the same side of the highway shall, upon approaching the stopped

vehicle, slow down and proceed with caution, having due regard for traffic on

and the conditions of the highway and the weather, to ensure that the driver

does not collide with the stopped vehicle or endanger any person outside of the

stopped vehicle:

1. An

emergency vehicle with its lamp producing intermittent flashes of red light or

red and blue light.

2. A

tow truck with its lamp producing intermittent flashes of amber light.

3. A

work-related vehicle with its lamp producing intermittent flashes of amber

light.

Same

(3) If

any of the vehicles listed in subsection (2) is stopped on a highway with two

or more lanes of traffic on the same side of the highway as the side on which

the vehicle is stopped, the driver of a vehicle travelling in the same lane as

the stopped vehicle or in a lane that is adjacent to the stopped vehicle, in

addition to slowing down and proceeding with caution as required by subsection

(2), shall, upon approaching the stopped vehicle, move into another lane if the

movement can be made safely.

Exception, construction zones

(4) Subsections (2) and (3) do not

apply in respect of a work-related vehicle that is stopped on a part of a

highway that is designated as a construction zone under subsection 128 (8) or

(8.1) if, under subsection 128 (10), a maximum rate of speed is in effect in

the construction zone.

Stop

on approaching specified vehicles

(5) Nothing

in subsection (2) or (3) prevents a driver from stopping their vehicle and not

passing a vehicle listed in subsection (2) that is stopped on a highway if

stopping can be done safely and is not otherwise prohibited by law.

Following

fire department vehicle

(6) No

driver of a vehicle shall follow in any lane of a roadway at a distance of less

than 150 metres a fire department vehicle responding to an alarm.

Offence

(7) Every

person who contravenes subsection (1), (2), (3) or (6) is guilty of an offence

and on conviction is liable,

(

a) for

a first offence, to a fine of not less than $400 and not more than $2,000; and

(

b) for

each subsequent offence, to a fine of not less than $1,000 and not more than

$4,000 or to imprisonment for a term of not more than six months, or to both.

Time

limit for subsequent offence

(8) An

offence referred to in subsection (7) committed more than five years after a

previous conviction for an offence referred to in that subsection is not a

subsequent offence for the purpose of clause (7) (b).

Driver’s

licence suspension

(9) If

a person is convicted of an offence under subsection (7), the court may make an

order suspending the person’s driver’s licence for a period of not more than

two years.

Appeal

of suspension

(10) An

appeal may be taken from an order under subsection (9) or a decision to not

make the order in the same manner as from a conviction or an acquittal under

subsection (7).

Stay

of order on appeal

(11) Where

an appeal is taken under subsection (10) from an order under subsection (9),

the court being appealed to may direct that the order shall be stayed pending

the final disposition of the appeal or until otherwise ordered by that court.

Regulations,

definition of “work-related vehicle”

(12) The

Lieutenant Governor in Council may make regulations defining “work-related

vehicle” for the purposes of this

section and those regulations may include or

exclude any vehicle or class of vehicle for the purposes of that definition.

Definition

(13) In

this section,

“emergency

vehicle” means,

(

a) an

ambulance, fire department vehicle, police department vehicle or ministry

vehicle operated by an officer appointed for carrying out the provisions of

this Act,

(

b) public

utility emergency vehicle,

(

c) a

vehicle while operated by a conservation officer, fishery officer, provincial

park officer or mine rescue training officer, while the officer is in the

course of their employment,

(

d) a

vehicle while operated by a provincial officer designated under the Environmental Protection Act , the Nutrient

Management Act, 2002 , the Ontario Water Resources

Act , the Pesticides Act or the Safe Drinking Water Act, 2002 , while the officer is in

the course of their employment, or

(

e) a

vehicle as prescribed for the purposes of paragraph 5 of subsection 62 (15.1).

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 3

OCCUPATIONAL HEALTH AND SAFETY ACT

Section 7.1 of the Occupational Health and Safety Act

is amended by adding the following subsection:

Adoption

of codes

(3) If

the Chief Prevention Officer establishes a standard under this

section or

amends a standard under subsection 7.3 (1), the Chief Prevention Officer may

adopt by reference, in whole or in part, with such changes as the Chief

Prevention Officer considers necessary, any code, standard, criteria or guide.

The Act is amended by adding the following section:

Equivalent

training

7.2.1

(1) The

Chief Prevention Officer may establish criteria to be used to assess whether a

training program delivered outside Ontario is equivalent to a program that is

approved under

section 7.1 and delivered by a provider approved under

section

7.2.

Application

for equivalency

(2) The

Chief Prevention Officer may approve a training provider approved under

section

7.2 to assess whether a training program delivered outside Ontario is

equivalent to a program that is approved under

section 7.1 and delivered by a

provider approved under

section 7.2, using the criteria established under

subsection (1).

Deemed

approval

(3) If

a training program delivered outside Ontario is determined to be equivalent to

a program that is approved under

section 7.1 and delivered by a provider

approved under

section 7.2, that training program is deemed to be an approved

training program for the purposes of this Act.

Section 7.7 of the Act is repealed and the following substituted:

Delegation

7.7 The Chief Prevention

Officer may delegate, in writing, any of the Chief Prevention Officer’s powers

or duties under subsections 7.1 (2), 7.2 (2), 7.2.1 (1) and (2), sections 7.4

and 7.5, clause 7.6 (1) (b), subsections 7.6 (5) and (6), 7.6.1 (1) and 7.6.2

(1), sections 7.6.3 and 7.6.4 and subsection 7.6.5 (1) to any person, including

any person outside the Ministry, subject to such limitations, restrictions,

conditions and requirements as the Chief Prevention Officer may set out in the

delegation.

The Act is amended by adding the following section:

Training

requirements

7.8

(1) The

Chief Prevention Officer may establish policies regarding general training

requirements established under this Act.

Amendment

or revocation

(2) The

Chief Prevention Officer may amend or revoke a policy established under

subsection (1).

Adoption

of codes

(3) If

the Chief Prevention Officer establishes or amends a policy under this section,

the Chief Prevention Officer may adopt by reference, in whole or in part, with

such changes as the Chief Prevention Officer considers necessary, any code,

standard, criteria or guide.

Factors

to consider

(4) The

Chief Prevention Officer shall consider any relevant information when

establishing, amending or revoking a policy, including but not limited to the

following:

1. The

specific workplace hazards to be addressed by the policy.

2. Learning

outcomes of the training programs and requirements to be referenced in the

policy.

3. The

priorities identified in the provincial occupational health and safety strategy

under

section 22.3.

4. Whether

the training programs and requirements referenced in the policy are adopted in

other jurisdictions for similar workplace activities.

5. Training

design requirements and delivery methods of training programs and whether those

methods are appropriate for delivering relevant learning outcomes.

6. Whether

an external body has developed related training programs or requirements in an

existing standard.

Publication

(5) The

Chief Prevention Officer shall ensure that any policy made or amended under

this

section is published promptly after it is made or amended.

Legislation

Act, 2006

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a policy under this section.

(1) Section 10 of the Act is amended by adding the following

subsections:

Minister’s

order

(1.1) Despite

subsection (1), the Minister may, by order in writing, require a constructor to

establish a worker trades committee for a project and may, in such order,

provide for the composition, practice and procedure of any worker trades

committee so established.

Same

(1.2) If

a worker trades committee has been established under subsection (1), the

Minister may, by order in writing, alter and otherwise provide for the

composition, practice and procedure of the worker trades committee.

Same

(1.3) For

greater certainty, for the purposes of subsections (1.1) and (1.2), in

providing for the composition of a worker trades committee, an order made under

those subsections may require that the constructor, one or more employers of

workers employed in the trades or the owner of the project be represented on

the worker trades committee.

Same

(1.4) If

an order made under subsection (1.1) or (1.2) requires a constructor, employer

or owner of a project to be represented on a worker trades committee, the

constructor, employer or owner shall select their representative.

What

Minister may consider

(1.5) In

exercising the power conferred by subsection (1.1) or (1.2), the Minister may

consider,

(

a) the

nature of the work being done;

(

b) the

frequency of illness or injury in the workplace or in the industry of which the

constructor or employer is a part;

(

c) the

existence of health and safety programs and procedures in the workplace and

their effectiveness; and

(

d) such

other matters as the Minister considers advisable.

(2) Section

10 of the Act is amended by adding the following subsection:

Exception

(3.1) Subsections

(2) and (3) do not apply with respect to a member of a worker trades committee

who is a representative of a constructor, employer or owner of a project provided

for in an order made under subsection (1.1) or (1.2).

(1) Subsection 22.3 (1) of the Act is amended by adding the

following clauses:

(h.2) exercise

the power and perform the duties with respect to training that are set out in

section 7.8;

(h.3) provide

advice to the Minister on any proposed changes to this Act or the regulations

regarding training programs that employers are required to provide, or the

requirements that such training programs must meet;

(2) Section

22.3 of the Act is amended by adding the following subsection:

Information

and advice

(1.1) To

assist the Chief Prevention Officer in performing the duties set out in

subsection (1),

(

a) the

Chief Prevention Officer may seek advice from a committee or person appointed

under subsection 21 (1); and

(

b) a

copy of any assistance, advice or report provided to the Minister by a

committee appointed under subsection 21 (1) shall also be provided to the Chief

Prevention Officer, unless the Minister specifies otherwise.

The Act is amended by adding the following section:

Collection

of information by Chief Prevention Officer

22.3.1

(1) The

Chief Prevention Officer may collect personal information, directly or

indirectly, for purposes related to the following matters and may use it for

those purposes:

1. To

develop, monitor and evaluate a provincial occupational health and safety

strategy.

2. To

report on occupational health and safety.

3. To

provide advice to the Minister on the prevention of workplace injuries and

occupational diseases, including planning or delivering programs and services

related to the prevention of workplace injuries.

Other

information serves purpose

(2) The

Chief Prevention Officer shall not collect or use personal information under

subsection (1) if other information will serve the purpose of the collection or

use.

Personal

information limited to what is reasonably necessary

(3) The

Chief Prevention Officer shall not collect or use more personal information

under subsection (1) than is reasonably necessary to meet the purpose of the

collection or use.

Limit

on disclosure

(4) Unless

required to do so by law, the Chief Prevention Officer shall not disclose

personal information collected indirectly under subsection (1) to any person.

Notice

required by s. 39 (2) of FIPPA

(5) If

the Chief Prevention Officer collects personal information indirectly under

subsection (1), without limiting the ability to give notice in other ways, the

notice required by subsection 39 (2) of the Freedom of

Information and Protection of Privacy Act may be given by a public

notice posted on the Ministry’s website.

Same

(6) A

notice given in the manner described in subsection (5) is deemed to comply with

subsection 39 (2) of the Freedom of Information and

Protection of Privacy Act .

Subsection 25 (1) of the Act is amended by adding the following clause:

(b.1) any

personal protective clothing and equipment that is provided, worn or used is a

proper fit and is appropriate in the circumstances, having regard to all

relevant factors, including such factors as may be prescribed;

Subsection 66 (2) of the Act is repealed and the following substituted:

Same

(2) If

a corporation is convicted of an offence under subsection (1),

(

a) the

maximum fine that may be imposed upon the corporation is $2,000,000; and

(

b) for

a second or subsequent offence that results in the death or serious injury of

one or more workers in a two-year period, the minimum fine that may be imposed

is $500,000.

Subsection 70 (2) of the Act is amended by adding the following paragraph:

44.1 requiring

the assessment of personal protective clothing and equipment and prescribing

requirements related to the conduct of those assessments;

Commencement

(1) Except as otherwise provided in this Section, this

Schedule

comes into force on the day the Working for Workers Six

Act, 2024 receives Royal Assent.

(2) Section

5 comes into force on the later of January 1, 2025 and the day the Working for Workers Six Act, 2024 receives Royal Assent.

SCHEDULE 4

ONTARIO IMMIGRATION ACT, 2015

The Ontario Immigration Act, 2015 is amended by

adding the following sections:

Standards and requirements

14.1 A representative shall

comply with any standards or requirements that may be prescribed by the

Minister.

. . . .

Misrepresentation

15.1

(1) A person

or body shall not make an oral or written misrepresentation in connection with

any application or submit or supply a document that alleges falsely that an

applicant meets any prescribed criteria for approval.

Same

(2) A

person or body shall not counsel another person or body to make an oral or

written misrepresentation in connection with any application or to submit or

supply a document that alleges falsely that an applicant meets any prescribed

criteria for approval.

Subsections 19 (1) to (4) of the Act are repealed and the following

substituted:

Banning

applications

(1) If the director or the Minister is satisfied,

on reasonable grounds, that a person or body has contravened or is contravening

a provision of this Act or the regulations, the director or Minister may, by

order and subject to the regulations made by the Minister,

(

a) ban

the person or body from making an application for approval or from acting as a

recruiter for a period of up to five years ; and

(

b) ban

the person or body from acting as a representative,

(

i) permanently,

if the person or body, while acting as a representative, has been convicted of

an offence under this Act, the Employment Protection for

Foreign Nationals Act , the Criminal Code

(Canada), the Immigration and Refugee Protection Act

(Canada) or any other offence that may be prescribed, or

(ii) for

a period of at least three years but no more than 10 years, in any other case.

hearing required

(2) Subject

to the regulations made by the Minister, the director and the Minister are not

required to hold a hearing or to afford the person or body mentioned in

subsection (1) an opportunity for a hearing before making an order under

subsection (1).

Non-application

of other Act

(3) The

Statutory Powers Procedure Act does not apply to an

order made under subsection (1).

Notice

of ban

(4) Upon

making an order under subsection (1), the director or Minister shall give a

copy of the order to the person or body affected by the order.

Paragraph 3 of

section 20 of the Act is repealed and the following substituted:

3. A

person or body that is subject to a ban ordered by the director under

subsection 19 (1).

(1) Subsection 29 (1) of the Act is amended by striking out “section

15” and substituting “section 15 or 15.1”.

(2) Subsections

29 (2) and (3) are repealed.

The Act is amended by adding the following section:

personal liability

34.1

(1) No cause

of action arises against any current or former member of the Executive Council,

the director, an inspector, an investigator, a person who conducts an internal

review under

section 34, or an employee or agent of the Crown for any act done

in good faith in the exercise or performance, or intended exercise or

performance, of the person’s powers, duties or functions under this Act or for

any alleged neglect, default or other omission in the exercise or performance

in good faith of those powers, duties or functions.

Crown

remains vicariously liable

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in subsection (1).

Proceedings

barred

(3) No

proceeding shall be commenced against any person specified in subsection (1) in

respect of a matter referred to in that subsection.

Same

(4) Subsection

(3) does not apply with respect to an application for judicial review or any

proceeding that is specifically provided for under this Act, but does apply

with respect to any other court, administrative or arbitral proceeding claiming

any remedy or relief, including specific performance, an injunction,

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Proceedings

by Crown not prevented

(5) This

section does not apply with respect to proceedings brought by the Crown.

Subclause 37 (1) (e) (

i) of the Act is repealed and the following substituted:

(

i) establishing

categories of applicants, including foreign nationals, and categories of employers

to employ foreign nationals, including employers whose status has been

verified, and governing such verifications,

Commencement

This

Schedule comes into force on the day the Working for

Workers Six Act, 2024 receives Royal Assent.

SCHEDULE 5

SKILLED TRADES WEEK ACT, 2024

Skilled

Trades Week

The

week beginning on the first Monday in November in each year is proclaimed as

Skilled Trades Week.

Commencement

The Act set out in this

Schedule comes into force on the day the Working for Workers Six Act, 2024 receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Skilled Trades Week Act, 2024 .

SCHEDULE 6

WORKPLACE SAFETY AND INSURANCE ACT, 1997

(1) Section 15.1 of the Workplace Safety and

Insurance Act, 1997 is amended by adding the following subsections:

Same,

primary-site kidney cancer

(4.5) If

a worker is prescribed under clause (8) (

a) and suffers from and is impaired by

primary-site kidney cancer, the disease is presumed to be an occupational

disease that occurs due to the nature of the worker’s employment as a

firefighter or fire investigator, unless the contrary is shown.

Restriction

(4.6) The

presumption in subsection (4.5) does not apply unless the worker was employed

as a full-time firefighter, part-time firefighter or fire investigator or

served as a volunteer firefighter for a total of at least 10 years before being

diagnosed.

Same,

primary-site colorectal cancer

(4.7) If

a worker is prescribed under clause (8) (

a) and suffers from and is impaired by

primary-site colorectal cancer, the disease is presumed to be an occupational

disease that occurs due to the nature of the worker’s employment as a

firefighter or fire investigator, unless the contrary is shown.

Restriction

(4.8) The

presumption in subsection (4.7) does not apply unless the worker was employed

as a full-time firefighter, part-time firefighter or fire investigator or

served as a volunteer firefighter for a total of at least 10 years before being

diagnosed.

(2) Subsection

15.1 (5) of the Act is amended by striking out “subsections (4), (4.1) and

(4.3)” and substituting “subsections (4), (4.1), (4.3), (4.5) and (4.7)”.

(3) Subsection

15.1 (6) of the Act is amended by striking out “subsection (4), (4.1) or (4.3)”

and substituting “subsection (4), (4.1), (4.3), (4.5) or (4.7)”.

(4) Subsection

15.1 (7) of the Act is amended by striking out “subsections (1), (4), (4.1) and

(4.3)” and substituting “subsections (1), (4), (4.1), (4.3), (4.5) and (4.7)”.

(5) Clause

15.1 (8) (

a) of the Act is amended by striking out “subsection (1), (4),

(4.1) or (4.3)” and substituting “subsection (1), (4), (4.1), (4.3), (4.5) or (4.7)”.

(6) Clause

15.1 (8) (

e) of the Act is amended by striking out “subsections (1), (4),

(4.1) and (4.3)” and substituting “subsections (1), (4), (4.1), (4.3), (4.5) and

(4.7)”.

Clause 15.2 (1) (

b) of the Act is amended by striking out “subsection 15.1

(4.1) or (4.3)” and substituting “subsection 15.1 (4.1), (4.3), (4.5) or

(4.7)”.

Subsection 96 (2) of the Act is amended by adding the following paragraph:

4. To

make such other payments as are required under this Act.

The Act is amended by adding the following sections:

Distribution

of surplus,

Schedule 2 municipal employers

97.3

(1) Except

in such circumstances as may be prescribed, if the amount in the insurance fund

is greater than the amount prescribed under clause 100 (c), the Board shall pay

to a

Schedule 2 employer that is a municipality an amount that is equal to the

cost of benefits that are required under

section 90 to be paid by the employer

in respect of a worker or survivor for the period between the day on which the

worker or survivor became entitled to benefits and the day on which

section 4 Schedule 6 to the Working for Workers Six Act, 2024

comes into force in respect of an occupational disease,

(

a) that

was diagnosed on or before the day on which

section 4 of

Schedule 6 to the Working for Workers Six Act, 2024 comes into force;

(

b) to

which the presumption set out in subsection 15.1 (4.7) applies; and

(

c) that

relates to a claim that is filed or refiled under

section 15.2 within 12 months

from the day that

section 4 of

Schedule 6 to the Working

for Workers Six Act, 2024 comes into force or that is pending before the

Board or Appeals Tribunal on the day that

section 4 of

Schedule 6 to the Working for Workers Six Act, 2024 comes into force.

Schedule

2 employer

(2) For

the purposes of subsection (1), a

Schedule 2 employer includes an employer who

is a

Schedule 1 employer but who, on the day of diagnosis described in clause

(1) (a), was a

Schedule 2 employer.

payment

(3) If

at any time the Board is required to make payments to one or more

Schedule 2

employers under subsection (1), and if making all of the required payments

would result in the amount in the insurance fund being equal to or less than

the amount prescribed under clause 100 (c), no payment shall be made.

Conflict

(4) If

there is a conflict between the Board’s duty to make payments under this

section and the Board’s duty to maintain the sufficiency of the insurance fund

under subsection 96 (3), the duty set out in subsection 96 (3) prevails.

Same

(5) If

there is a conflict between the Board’s duty to make payments under this

section and the Board’s duty to distribute amounts under subsection 97.1 (2),

the duty set out in 97.1 (2) prevails and the Board shall distribute amounts to

Schedule 1 employers under subsection 97.1 (2) before it makes payments to

Schedule 2 employers under this section.

Timing

of payments

(6) The

Board may determine the timing of payments made under this

section and may make

payments to different

Schedule 2 employers at different times.

Form

(7) The

Board may determine the form of the payments made under subsection (1).

appeal or reconsideration

(8) A

decision regarding a payment made by the Board under this

section is not a

decision or a final decision of the Board for the purposes of

Part XI and an

employer has no right of reconsideration by, or appeal to, the Board or the Appeals

Tribunal in respect of a decision made by the Board under this section.

Overpayment

(9) If

the Board makes a payment to a

Schedule 2 employer under subsection (1) in

respect of a claim that is subsequently varied or reversed by the Board or

Appeals Tribunal, the payment made by the Board is an overpayment owing by the

Schedule 2 employer to the Board at the time that the overpayment is made.

Amount

(10) The

amount of the overpayment is as determined by the Board.

Regulations

(11) The

Lieutenant Governor in Council may make regulations prescribing circumstances

for the purposes of subsection (1), including circumstances related to an

employer’s compliance with this Act.

Immunity

97.4

(1) No

action or other legal proceeding may be commenced against the Board or a member

of the board of directors, an officer or an employee of the Board in respect of

an act or omission done or omitted by a person in good faith in the execution

or intended execution of any power or duty under

section 97.1 or 97.3.

Same

(2) No

cause of action arises against the Crown and no costs, compensation or damages

are owing or payable to any person as a direct or indirect result of the

enactment, repeal or amendment of any provision in

section 97.1 or 97.3.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Bill 229 Original (PDF)