Ontario employers and corporate officers could be in line for significantly steeper fines for violating the Occupational Health and Safety Act. Newly introduced amendments propose a fivefold increase in the maximum fine levied to individuals, taking it up to $500,000, and the inclusion of corporate officers on the list of those designated to hold corporate liability and potentially face fines of up to $1.5 million.
The move is part of a package of legislation in the omnibus Bill 88, Working for Workers Act, introduced yesterday in Ontario’s legislative assembly. It would impose new obligations on employers and professional/trades regulatory bodies through amendments to the Occupational Health and Safety Act, the Employment Standards Act and the Fair Access to Regulated Professions and Compulsory Trades Act. It would also enact the new Digital Platform Workers’ Rights Act to address minimum wage and working conditions for contractors to app-based service delivery channels such as Uber and Door Dash.
Of note for the property and facilities management sectors, Bill 88 aims to ease the transition for licensed trades and professions moving to Ontario from another province or territory within Canada. The proposed amendment to the Fair Access to Regulated Professions and Compulsory Trades Act would establish a maximum period of 30 business days for regulatory bodies to process applications from qualified domestic labour mobility candidates, and to either grant credentials entitling applicants to work in their new jurisdictions or give reasons for refusal. As well, applications would have to be formally acknowledged within 10 days.
“We want more skilled professionals and tradespeople to come here,” says Monte McNaughton, Ontario’s Minister of Labour, Training and Skills Development.
“It’s never been more important that we attract more workers to fill in-demand jobs,” concurs Premier Doug Ford. “To do so, we’re cutting red tape to make it easier for skilled professionals from across Canada to get the papers they need to work in Ontario, faster.”
Other proposed amendments to the Occupational Health and Safety Act would require employers to include naloxone in their emergency and first aid supplies if there is a reasonable risk of opioid abuse in the workplace, and to ensure that staff is appropriately trained to recognize the signs of an overdose and administer the antidote.
Also among the proposed amendments, a list of 11 “aggravating factors” would be explicitly stated in the Act to provide context for determining penalties. These pertain to: the seriousness of harm to workers; defendants’ recklessness or lack of remorse; previous incidents of non-compliance or convictions under the Act; the influence of profit-seeking or cost-cutting motives in workplace conditions; and attempts to conceal the commission of a violation or failure to cooperate with investigating authorities.
Bill 88 also proposes an amendment under the Employment Standards Act to require employers to state policies and reveal intended practices for electronically monitoring employee activity in all workplaces with at least 25 employees.
