On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 received Royal Assent. Royal Assent is the last step in the process of how a bill becomes law in Ontario.
What Statutes Does Bill 149 Impact?
Bill 149 makes changes to the following statutes:
- Employment Standards Act, 2000
- Digital Platform Workers’ Rights Act, 2022
- Fair Access to Regulated Professions and Compulsory Trades Act, 2006
- Workplace Safety and Insurance Act, 1997
Changes to the Employment Standards Act, 2000
Bill 149 brings several updates to the Employment Standards Act, 2000. The updates are:
Trial Periods as Part of Training: The definition of “employee” will now include an individual who is doing work as part of a trial period. This comes into effect immediately.
Compensation in Job Postings: Employers who publicly advertise job postings must include expected compensation, either as a number or a range. This will come into effect at a later date that is not yet known.
Canadian Experience in Job Postings: Employers who publicly advertise job postings cannot require Canadian experience. This will come into effect at a later date that is not yet known.
Artificial Intelligence in Job Postings: Employers who publicly advertise job postings must disclose the use of artificial intelligence if it is used in the screening, assessment, or selection of applicants for the position. This will come into effect at a later date that is not yet known.
Deductions Prohibited for Theft: Employers cannot withhold, deduct, or require an employee to return wages if a customer does not pay for goods or services that the customer takes, consumes, or receives. This comes into effect immediately.
Tip Payment: Employers can pay an employee’s tips or gratuities by cash, cheque, or direct deposit, as long as the bank account is in the employee’s name and no one else has access to the account. If the employer pays an employee’s tips or gratuities by cash or cheque, the payment must be given to the employee at their workplace or somewhere that the employee agrees to. This will come into effect on June 21, 2024.
Tip Pool with Employer Policy: If an employer, director, or shareholder of an establishment is part of that establishment’s tip pool, then the employer must post a copy of the tip pool policy in a place where employees can see it. A copy of this policy must be kept for three years. This will come into effect on June 21, 2024.
Vacation Pay Agreement: An employer and employee can come to an agreement for the employee to be paid vacation pay either as the vacation pay accrues or at a set time. This will come into effect on June 21, 2024.
Changes to the Digital Platform Workers’ Rights Act, 2022
The Digital Platform Workers’ Rights Act, 2022 now includes prescribed limits on pay periods, the right to minimum wage, and the role of the Lieutenant Governor in Council in making regulations.
Changes to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006
The Fair Access to Regulated Professions and Compulsory Trades Act, 2006 now includes information about the assessment of qualifications for a regulated profession, and how the assessment can be done in a way that is transparent, objective, impartial and fair. The amendments also include information that may be contained in the regulations.
Changes to the Workplace Safety and Insurance Act, 1997
The following changes are seen in the Workplace Safety and Insurance Act, 1997:
Occupational Esophageal Cancer: If a firefighter or fire investigator suffers from primary-site esophageal cancer, the disease is considered occupational, as long as the worker worked for a long enough time in the field.
Definitions for Firefighting: The Lieutenant Governor in Council can make regulations defining the terms: firefighter, fire investigator, full-time firefighter, and part-time firefighter.
Indexing Factors for Annual Adjustments: If there are additional indexing factors that are prescribed, the Board can apply them in addition to the indexing factor that is based on the change in the Consumer Price Index for Canada.
Regulations for Additional Indexing Factor: The Lieutenant Governor in Council may make regulations addressing the date and amount of additional indexing factors.
Lydia is a third-year student at Western Law who is interested in employment, technology, and intellectual property law. She enjoys exploring these topics, and other areas of the law, through contributions to this blog.