The fifth installment of the Government of Ontario’s overhaul of the Ontario Employment Standards Act, 2000, has now been released and debated at the Ontario Legislative Assembly. We’ve previously written about changes to the ESA, including most recently regarding the fourth change, found here. The latest installment contains several important changes that were recently announced and discussed in our previous blog post found here.
Changes to the Employment Standards Act, 2000
New Job Posting Requirements
According to the legislation, employers who post job ads will be required to disclose, via a statement in the job ad, whether there is an existing vacancy in the workplace or not; and other information as may be prescribed. As the legislation is still pending, no other information has been prescribed just yet, but we will follow with updates once this information is released.
In addition, exceptions to the requirement may also be provided by the Ontario Government through regulation once the legislation is passed and enters into force.
Employers will also be required to inform any applicant to a publicly posted job ad whom the employer has interviewed on the outcome of their application. According to the legislation the Ontario Government will provide a timeline and further information on what the employer must provide to any such applicant.
Finally, employers will be required to retain records relating to the job applicant for a period of 3 years, with additional details to follow once legislation is adopted.
Medical Certificates Not Allowed
Employers will no longer be permitted to require a certificate from a “qualified medical practitioner” for employees who take sick leave under the ESA. Employers may require employees to provide information “reasonable in the circumstances”, which means that an employee may volunteer such a certificate. Employers who currently have policies requiring sick leave certificates will need to revise such policies.
Fines Increased
Employers who violate the ESA and are convicted of such a violation will be subject to a penalty capped at $100,000, up from the previous maximum penalty of $50,000. In addition, administrative penalties for repeatedly violating the ESA will also be increased.
Changes to the Occupational Health and Safety Act
In addition to changes to the ESA, the new legislation contemplates changes to the Occupational Health and Safety Act, or OHSA, including clarifying that the OHSA applies to telework which is performed in or about a private residence.
In addition, the legislation clarifies that workplace harassment and workplace sexual harassment can also occur virtually through the use of information and communications technology.
Additional OHSA changes include changes to postings, including clarifying the meaning of electronic postings. In addition, new requirements relating to posting the names and work locations of members of a health and safety committee are being considered in the legislation.
As noted, this legislation is still being debated at the Ontario legislature and the final form is to be determined. Nevertheless, it is highly likely the legislation will be adopted with minimal changes. We will always stay on top of legislative changes affecting the employment relationships of our clients.
At Bridge Legal & HR Solutions we can help you untangle and understand the web of obligations that applies to your employment relationships. To find out how we can help, contact us through our contact form or call us at 647-794-5442.
