Ontario introduces law changes to boost construction

The Ontario government has announced plans to introduce the Working for Workers Six Act, 2024, a suite of proposed measures intended to protect the health and wellbeing of workers, bring more people into the skilled trades and keep costs down for Ontario workers.

Officials say the package would support workplace safety by cracking down on bad actor employers, with mandatory minimum fines of $500,000 for corporations convicted of repeated offences within a two-year period under the Occupational Health and Safety Act. The government is also proposing to expand existing roadside safety laws under the Highway Traffic Act to require motorists to slow down and move over for roadworkers, such as highway maintenance workers.

“As our government continues to bring back better jobs and bigger paycheques to Ontario, we are keeping workers healthy and safe no matter where they work: On a highway, a job site, or the shop floor,” said David Piccini, Minister of Labour, Immigration, Training and Skills Development. “Our government’s proposed sixth Working for Workers bill will introduce game-changing measures to grow Ontario’s workforce by bringing more women into the trades, cracking down on bad actors who exploit newcomers and harm workers, and introducing nation-leading cancer protections for firefighters.”

Here are some of the changes that could impact the construction sector:

Health & Safety

• Supporting health and safety for tradespeople on construction projects by enhancing the dialogue and transparency between workers and employers through Worker Trades Committees, which the Minister can order to create.
• Bringing clean washrooms from Bay Street to Main Street through a new regulation for washroom cleaning records that covers what records must be posted and where. This is in direct response to advocacy from tradeswomen and other sector stakeholders who have cited better washroom facilities as a key policy to encourage more women to join the building trades.
• Bringing more women into the trades and growing Ontario’s trades workforce by explicitly requiring properly-fitting personal protective equipment (PPE) for women, and all workers with diverse body shapes. This expands on the requirement for properly fitting PPE for women and diverse body shapes in the construction sector that was included in the Working for Workers Act, 2023 to include all sectors.
• Cracking down on bad actor employers that harm workers by imposing mandatory minimum fines of $500,000 for corporations convicted of repeat offences under the Occupational Health and Safety Act within a two-year period, which resulted in the death or serious injury of one or more workers.
• Creating a new 27-week long-term illness leave for employees unable to work due to a serious medical condition as defined by a medical practitioner, such as cancer, multiple sclerosis or Crohn’s. If passed, this would be one of the longest provincial leaves in Canada and would ensure workers with a serious medical condition have the time away from work they need to get treatment and recover, without risking their jobs.
• Unlocking $400 million to invest in health and safety programs for workers and employers developed by the WSIB, focusing on mental health, preventative and chronic injury care and recovery to ensure workers have the supports they need to return to work safely and quickly. This will include expanding the WSIB’s mental health care programming to partner with 11 public hospitals and their networks of community-based service providers across Ontario to ensure workers have the care they need, when and where they need it.
• Launching a new Safe Business Bonus with an additional $1,000 bonus to eligible employers who create a new workplace health and safety action plan approved through the WSIB’s Health and Safety Excellence program, starting in 2025. Over 4,600 businesses are currently enrolled in the WSIB Health and Safety Excellence program. Since the program’s launch in 2019, members have received total rebates of over $68 million, including $15 million in additional incentives for smaller businesses that participated in 2023-2024.
• Creating a new parental leave for parents through adoption and surrogacy, with a 16-week job protected leave under the Employment Standards Act for adoptive parents and parents through surrogacy, to ensure they have adequate time to meet the demands of the adoption or surrogacy process, attach and welcome their child into their new home. This would also align with upcoming federal changes to create employment insurance (EI) benefits for adoption.

Cutting costs for businesses

• Returning $2 billion in surplus funds to Ontario businesses through the WSIB. Eligible employers will receive their one-time rebate starting in February 2025 if they are a safe employer, which includes not having been convicted more than once under the Workplace Safety and Insurance Act or Occupational Health and Safety Act since 2020. For a small construction business with 50 employees, this could mean receiving $46,000.
• Cutting the average premium rate for Ontario businesses from $1.30 to $1.25 per $100 of insurable payroll through the WSIB starting in 2025, without reducing benefits. This is the lowest rate in half a century and will save Ontario businesses about $150 million annually starting in 2025 when compared to the 2024 rate. Over the past decade, the WSIB has cut the average premium rate by more than 50 per cent, resulting in cumulative savings for businesses of approximately $18.6 billion since 2017.
• Removing the $150 fee for apprentices taking their first Certificate of Qualification exam, making it easier for more people to start their career in the skilled trades. When combined with other fee reductions and removals that the province has implemented since 2019, Ontario is saving each apprentice at least $330, putting almost $3.6 million back into the pockets of nearly 11,000 apprentices. 
• Enabling implementation of a new accelerated framework for the Ontario Immigration Nominee Program (OINP) that employers can apply for in order to access more efficient, streamlined processes, pending further regulatory changes.

Growing the workforce

• Training over one million workers through Ontario’s Skills Development Fund (SDF), including launching the second round of the SDF Capital Stream on November 29, with over $74 million in available funding to build, expand and retrofit training facilities for workers in the trades, including construction, manufacturing, technology and health care.
• Proclaiming April 2, 2025, as the date on which certain functions, including exam administration, will be transferred from the province to Skilled Trades Ontario (STO) under STO’s new Chief Executive Officer, Candice White.
• Opening access to apprenticeship opportunities to more people by creating alternative criteria for individuals who cannot meet the current academic standards to register as an apprentice.
• Accelerating registration timelines for internationally trained applicants in regulated professions by having the time limit reduced for regulatory bodies to make their decision from six to three months, enabling internationally-skilled newcomers to work in Ontario faster.
• Streamlining and accelerating processes and removing barriers for internationally trained workers by requiring regulated professions to have a plan for enabling multiple registration processes to take place concurrently, allow for alternative documents, concurrent processing of registration documents, and minimum requirements for assessing qualifications.
• Honouring workers by creating a new Skilled Trades Week during the first week of November each year.