Ontario, Canada recently passed their “Working for Workers Act, 2022” and it is now waiting for royal assent with the Lieutenant Governor. Someone please correct me if I'm wrong but I believe this is generally a formality and will be approved.
The government is calling this a “historic” and “significant win” for workers, and frankly, is surprising given Ontario's current conservative government. Ontario already has very worker friendly (and tenant friendly!) legislation, and this further sets them apart as a leader amongst Canadian provinces.
Some highlights from this new Act:
- Foundational rights and protections for gig workers (ride-share, delivery, or courier service workers).
- Requirements for larger employers to disclose how they are electronically monitoring their workers, including work from home employees.
- Mandates to have Naloxone kits on site and in the charge of a worker who has received training on how to use it for any workplace that reasonably ought to know that an overdose could occur on the premises.
- Increases to Occupational Health and Safety fines – the maximum is increasing to $1.5m for corporations, directors and officers (a 15 time increase), and $500k for individuals (a 5 times increase), and an extension of the limitation period from 1 to 2 years.
- Changes to make it easier for out of province workers to move to Ontario, and increased job protections for military reservists who return home from deployment or need to participate in training.
This Act builds on the 2021 version which received royal assent in December 2021included:
- Requirements for companies with 25 or more workers to have a “Disconnect from Work” policy, giving employees the legal right to disconnect from work-related communications outside of working hours.
- Requirements for licensing for recruiting and temp agencies and prohibitions against employers using recruiters charging fees. (It was already illegal for recruiting agencies to do this but now employers will be held liable as well.)
- Prohibitions against requiring Canadian experience as a qualification to obtain licensing for certain regulated positions.
- Requiring businesses to allow for bathroom access for delivery workers.
- Prohibition on non-compete agreements except in the context of the sale of a business (a later amendment included an additional exemption for chief executive positions).
- Directing Workplace Safety and Insurance board surpluses to assist with pandemic recovery.
A quote from Ontario's Minister of Labour, Training and Skills Development: “Everything our government is doing is about building an economy that works for workers. These generational changes are the first of their kind – not only in Canada but across North America. They build on measures we passed last fall through our first Working for Workers Act, which is already changing lives and improving working conditions for millions of workers and their families.”