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OntarioPassed43rd Parliament, 1st Session

Bill 190 explained in plain English

Working for Workers Five Act, 2024

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
43rd Parliament, 1st Session
Bill number
Bill 190
Full title
Working for Workers Five Act, 2024
Current status
Passed
Latest event
Royal Assent received
Last updated
Oct 28, 2024

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Royal Assent received
Latest Activity
Oct 28, 2024
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 190 amends multiple Ontario employment and labour laws to increase job posting transparency, improve worker protections, expand access to regulated professions, enhance workplace safety standards including washroom facilities, and expand workers' compensation coverage for certain firefighters and wildland workers who develop post-traumatic stress disorder.

What It Means

Bill 190, the Working for Workers Five Act, 2024, makes changes to six Ontario laws related to employment, labour, and workplace safety. The bill received Royal Assent on October 28, 2024. **Job Postings and Hiring:** Employers must now disclose in publicly advertised job postings whether the position is for an existing vacancy or newly created. Employers must also provide prescribed information to job applicants they interview and keep records of this information for three years. **Sick Leave:** Employers can no longer require employees to provide a certificate from a health professional (such as a doctor) as evidence for taking sick leave. They can still request other reasonable evidence. **Workplace Safety:** The law now applies to people working from home in private residences. Employers and construction contractors must maintain washroom facilities in a clean and sanitary condition and keep cleaning records. Workplace harassment definitions are expanded to include virtual harassment through technology. Information that employers are required to post can now be posted electronically instead of only in physical locations. **Regulated Professions:** Regulated professions (such as trades and professional licensing bodies) must have policies explaining what documentation is required for applications and what reasonable alternatives they will accept if applicants cannot obtain required documents. They must also have plans to allow applicants to proceed through multiple registration steps at the same time. **Worker Compensation for Firefighters:** Two new categories of workers—wildland firefighters and wildland fire investigators—now have access to workers' compensation benefits for post-traumatic stress disorder (PTSD). The bill also adds coverage for primary-site skin cancer for certain firefighters and fire investigators who have worked at least 10 years in those roles. **Penalties:** The maximum fine for individuals convicted of Employment Standards Act violations increases from $50,000 to $100,000. **Skilled Trades:** Regulations can now set alternative criteria to academic standards for people entering apprenticeship programs in the skilled trades. **Commencement:** Most changes come into force immediately upon Royal Assent, but some provisions will come into force on dates set later by the Lieutenant Governor.

What This Bill Does
  • Requires employers to disclose in publicly advertised job postings whether a position is for an existing vacancy or a new position (Employment Standards Act)
  • Requires employers to provide prescribed information to job applicants they interview and retain records for three years (Employment Standards Act)
  • Prohibits employers from requiring employees to provide certificates from qualified health practitioners as evidence for taking sick leave, while still allowing employers to request other reasonable evidence (Employment Standards Act)
  • Increases the maximum fine for individuals convicted of Employment Standards Act violations from $50,000 to $100,000 (Employment Standards Act)
  • Extends occupational health and safety protections to telework performed in private residences (Occupational Health and Safety Act)
  • Requires constructors and employers to maintain washroom facilities in a clean and sanitary condition and keep cleaning records (Occupational Health and Safety Act)
  • Expands definitions of workplace harassment and workplace sexual harassment to include virtual harassment through information and communications technology (Occupational Health and Safety Act)
  • Allows employers to post required information in a readily accessible electronic format instead of only physically at the workplace (Occupational Health and Safety Act)
  • Requires regulated professions to have policies on reasonable alternatives to required documentation of qualifications when applicants cannot obtain original documents (Fair Access to Regulated Professions and Compulsory Trades Act)
  • Requires regulated professions to have plans enabling multiple registration processes to occur concurrently (Fair Access to Regulated Professions and Compulsory Trades Act)
  • Adds wildland firefighters and wildland fire investigators as two new categories of workers entitled to workers' compensation benefits for post-traumatic stress disorder (Workplace Safety and Insurance Act)
  • Establishes a presumption that primary-site skin cancer in certain firefighters and fire investigators is an occupational disease related to employment (Workplace Safety and Insurance Act)
  • Allows regulations to set alternative criteria to academic standards for people entering apprenticeship programs in the skilled trades (Building Opportunities in the Skilled Trades Act)
  • Allows an individual appointed to conduct an internal review under the Ontario Immigration Act to delegate their powers or duties (Ontario Immigration Act)
Who Is Affected
  • Employers in Ontario, who must comply with new job posting disclosure requirements, provide information to interviewed applicants, maintain washroom facilities, allow electronic posting, and cannot require health practitioner certificates for sick leave
  • Job applicants, who will receive information about whether positions are existing vacancies and will receive prescribed information if interviewed
  • Employees taking sick leave, who can no longer be required to provide health practitioner certificates as evidence
  • Constructors on projects, who must maintain washroom facilities in clean and sanitary condition and keep cleaning records
  • Workers performing telework in private residences, who now have occupational health and safety protections
  • Regulated professions and professional licensing bodies, who must develop and submit policies on alternative documentation and plans for parallel registration processing to the Fairness Commissioner
  • Applicants to regulated professions, who will have clearer information about required documentation and reasonable alternatives
  • Wildland firefighters and wildland fire investigators in Ontario employed by or contracting with the Ministry of Natural Resources and Forestry, who now have workers' compensation coverage for post-traumatic stress disorder
  • Firefighters and fire investigators in Ontario, who now have workers' compensation coverage for primary-site skin cancer if employed at least 10 years in those roles
  • Individuals seeking entry into apprenticeship programs in the skilled trades, who may qualify through alternative criteria instead of only academic standards
Rights, Duties, Or Obligations
  • Employers must disclose in publicly advertised job postings whether the position is for an existing vacancy or not, unless exempt under regulations (Employment Standards Act, section 8.5)
  • Employers must provide prescribed information to applicants interviewed for publicly advertised jobs within a prescribed time period (Employment Standards Act, section 8.6)
  • Employers must retain records of all prescribed information provided to interviewed applicants for three years (Employment Standards Act, section 15)
  • Employers cannot require employees to provide a certificate from a qualified health practitioner as evidence for sick leave entitlement (Employment Standards Act, section 50)
  • Employers can require other reasonable evidence of sick leave entitlement (Employment Standards Act, section 50)
  • Constructors must ensure washroom facilities provided on projects are maintained in clean and sanitary condition and keep cleaning records as prescribed (Occupational Health and Safety Act, section 23.1)
  • Employers must ensure washroom facilities provided are maintained in clean and sanitary condition and keep cleaning records as prescribed (Occupational Health and Safety Act, section 25.3)
  • Occupational health and safety protections now apply to telework performed in private residences (Occupational Health and Safety Act, section 3)
  • Employers can post required information in a readily accessible electronic format if they provide direction on access and the information is readily accessible to workers (Occupational Health and Safety Act, section 1)
  • Regulated professions must make publicly available information about required documentation and reasonable alternatives (Fair Access to Regulated Professions and Compulsory Trades Act, section 10)
  • Regulated professions must have and maintain a policy on alternatives to required documentation, describing what is acceptable and processing timelines (Fair Access to Regulated Professions and Compulsory Trades Act, section 12.1)
  • Regulated professions must have and maintain a plan enabling multiple registration processes to proceed concurrently where possible (Fair Access to Regulated Professions and Compulsory Trades Act, section 12.2)
  • Regulated professions must submit policies and plans to the Fairness Commissioner for review and respond to the Commissioner's input (Fair Access to Regulated Professions and Compulsory Trades Act, sections 12.1 and 12.2)
  • Wildland firefighters and wildland fire investigators are entitled to workers' compensation benefits for post-traumatic stress disorder with a presumption of work-relatedness (Workplace Safety and Insurance Act, section 14)
  • Certain firefighters and fire investigators are entitled to workers' compensation benefits for primary-site skin cancer if employed at least 10 years in those roles (Workplace Safety and Insurance Act, section 15.1)
  • Individuals entering skilled trades apprenticeships may satisfy alternative criteria to academic standards as prescribed in regulations (Building Opportunities in the Skilled Trades Act, section 15)
Important Dates
  • October 28, 2024: Bill 190 received Royal Assent (Statutes of Ontario, Chapter 19, 2024)
  • October 28, 2024 or later: Most provisions come into force on the day of Royal Assent, except as otherwise provided (Bill 190, section 2)
  • July 1, 2024 or later (whichever is later): Subsections 1(1), (2), (3), (5) and sections 2, 3, 4, 6, 8, 9 of Schedule 4 (Occupational Health and Safety Act amendments related to electronic posting) come into force (Schedule 4, section 11)
  • To be named by proclamation: Sections 1, 2, and 5 of Schedule 2 (Employment Standards Act job posting requirements) come into force on a day to be proclaimed (Schedule 2, section 6)
  • To be named by proclamation: Subsection 1(4) and sections 5, 7, and 10 of Schedule 4 (washroom facility requirements) come into force on a day to be proclaimed (Schedule 4, section 11)
  • To be named by proclamation: Schedule 3 (Fair Access to Regulated Professions Act amendments) comes into force on a day to be proclaimed (Schedule 3, section 4)
  • To be named by proclamation: Sections 2 and 3 of Schedule 6 (firefighter and fire investigator skin cancer presumption) come into force on a day to be proclaimed (Schedule 6, section 4)
  • 24 months before Royal Assent (approximately October 28, 2022): 'Transition day' for purposes of wildland firefighter and investigator PTSD claims eligibility and timelines (Workplace Safety and Insurance Act, section 14)
Financial Or Tax Impacts
  • Increased penalty exposure for employers: Maximum individual fine for Employment Standards Act violations increases from $50,000 to $100,000, creating higher financial risk for non-compliance (Employment Standards Act, section 132)
  • Employer compliance costs: Employers must implement systems to track and disclose job posting vacancy status and collect, provide, and retain prescribed interview information
  • Employer facility costs: Employers and constructors must maintain and keep records of washroom facility cleaning, which may increase operational expenses
  • Regulated profession compliance costs: Regulated professions must develop and maintain policies on alternative documentation and plans for parallel processing, and submit these to the Fairness Commissioner
  • No new taxes or direct fees are created by the bill
  • No new government revenue sources are established by the bill
Enforcement Or Penalties
  • Maximum fine for an individual convicted of an Employment Standards Act offense increased from $50,000 to $100,000 (Employment Standards Act, section 132)
  • Employers who fail to include required disclosure in job postings are subject to Employment Standards Act penalties
  • Employers who fail to provide prescribed information to interviewed applicants are subject to Employment Standards Act penalties
  • Employers who fail to retain interview information for three years are subject to Employment Standards Act penalties
  • Employers who require health practitioner certificates for sick leave evidence are subject to Employment Standards Act penalties
  • Constructors and employers who fail to maintain washroom facilities in clean and sanitary condition are subject to Occupational Health and Safety Act penalties
  • Constructors and employers who fail to keep washroom facility cleaning records are subject to Occupational Health and Safety Act penalties
  • Regulated professions that fail to develop, maintain, or submit required policies and plans to the Fairness Commissioner are subject to Fair Access to Regulated Professions and Compulsory Trades Act penalties
Uncertainties Or Limits
  • The bill text does not specify what information must be disclosed about job postings beyond whether the vacancy is existing or new—these details are to be prescribed in regulations (Employment Standards Act, section 8.5)
  • The 'prescribed information' that employers must provide to interviewed applicants is not specified in the bill—details are to be prescribed in regulations (Employment Standards Act, section 8.6)
  • The time period within which employers must provide interview information is not specified in the bill—it is to be prescribed in regulations (Employment Standards Act, section 8.6)
  • The manner in which prescribed interview information must be provided is not specified in the bill—it is to be prescribed in regulations (Employment Standards Act, section 141)
  • The definition of 'interview' for job posting purposes is not provided in the bill—it is to be prescribed in regulations (Employment Standards Act, section 141)
  • The bill exempts certain job postings from disclosure requirements if they meet criteria prescribed in regulations, but does not specify what those criteria are (Employment Standards Act, section 8.5)
  • Classes of health practitioners beyond physicians, nurses, and psychologists who may provide evidence for sick leave are not specified—they are to be prescribed in regulations (Employment Standards Act, section 50)
  • Specific requirements for what constitutes a 'readily accessible electronic format' beyond the stated criteria are subject to regulations and are not detailed in the bill (Occupational Health and Safety Act, section 1)
  • Specific washroom facility maintenance standards and cleaning record requirements are to be established by regulations and are not detailed in the bill (Occupational Health and Safety Act, sections 23.1 and 25.3)
  • Alternative criteria to academic standards for skilled trades apprenticeships are not specified in the bill—they are to be prescribed in regulations (Building Opportunities in the Skilled Trades Act, section 15)
  • Regulations may establish circumstances in which the Fairness Commissioner's approval is required for regulated profession policies and plans, but these are not specified (Fair Access to Regulated Professions and Compulsory Trades Act, section 34)
  • The specific timing and process for Fairness Commissioner approval of regulated profession policies and plans is to be prescribed in regulations (Fair Access to Regulated Professions and Compulsory Trades Act, sections 12.1 and 12.2)
  • The bill does not define 'transition day' as the actual date of Royal Assent but rather as 24 months before Royal Assent, which may create complexity for retrospective PTSD claims (Workplace Safety and Insurance Act, section 14)
  • The bill does not specify whether 'posttraumatic stress disorder' requires a particular diagnostic standard or qualification (Workplace Safety and Insurance Act, section 14)
  • Several provisions are to come into force 'on a day to be named by proclamation,' creating uncertainty about when they become effective
Laws Or Regulations Affected
Employment Standards Act, 2000
amended

New sections 8.5 and 8.6 require job postings to disclose vacancy status and employers to provide and retain prescribed information given to interviewed applicants. Section 50 is amended to prohibit employers from requiring health practitioner certificates for sick leave evidence. Section 132 increases maximum fines for individuals from $50,000 to $100,000. Section 141 is amended to allow regulations defining interviews, compensation, and information delivery methods.

Source: Schedule 2, sections 1-5

Occupational Health and Safety Act
amended

Section 3 is amended to apply to telework in private residences. Definitions of workplace harassment and sexual harassment expanded to include virtual harassment. New sections 23.1 (constructor duties) and 25.3 (employer duties) require maintaining washroom facilities in clean and sanitary condition with record-keeping. Multiple sections amended to allow electronic posting of required information. Section 70 amended to enable regulations on washroom facility requirements.

Source: Schedule 4, sections 1-10

Fair Access to Regulated Professions and Compulsory Trades Act, 2006
amended

Section 10 amended to require regulated professions to publicly disclose required documentation and acceptable alternatives. New sections 12.1 and 12.2 require policies on alternative documentation and plans for parallel registration processing, with Fairness Commissioner review. Section 34 amended to allow regulations prescribing when Fairness Commissioner approval is required.

Source: Schedule 3, sections 1-3

Workplace Safety and Insurance Act, 1997
amended

Section 14 amended to add wildland firefighters and wildland fire investigators as categories of workers entitled to workers' compensation benefits for post-traumatic stress disorder with presumption of work-relatedness. Transition provisions allow claims filed within 24 months after Royal Assent for PTSD diagnosed 24 months before Royal Assent. Section 15.1 amended to establish presumption that primary-site skin cancer in certain firefighters/investigators is occupational disease if employed 10+ years. Section 15.2 amended to reference new presumptions.

Source: Schedule 6, sections 1-3

Building Opportunities in the Skilled Trades Act, 2021
amended

Section 15 amended to allow individuals to satisfy alternative criteria prescribed in regulations instead of required academic standards. Section 65 amended to authorize Registrar or another person to establish and assess alternative criteria.

Source: Schedule 1, sections 1-2

Ontario Immigration Act, 2015
amended

Section 34 amended to allow an individual appointed to conduct an internal review to delegate their powers or duties under the appointment.

Source: Schedule 5, section 1

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
May 6, 2024
Step 2
Second reading
Oct 23, 2024
Step 3
Committee review
Oct 23, 2024
Step 4
Third reading
Oct 28, 2024
Step 5
Royal assent
Oct 28, 2024

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
David Piccini
Progressive Conservative Party of Ontario | Northumberland—Peterborough South
Jurisdiction
Ontario Legislature

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced