Bill 190, Working for Workers Five Act, 2024: Changes Affecting Ontario Employers

On October 28, 2024, Working for Workers Five Act, 2024 (Bill 190) came into effect. This legislation has major implications for the way employers handle several HR and health & safety processes. The changes brought in by Bill 190 aim to enhance protections for remote workers, address virtual harassment, and improve workplace health and safety standards.

Bill 190 amendments to the Employment Standards Act (ESA)

Mandatory terms and conditions of employment (Ontario Reg. 477/24) - In effect since July 1, 2025 

Employers in Ontario with 25 or more employees must provide new staff with written details about their employment, before their first day of work.   

Employers are required to put in writing and share the following information with employees:  

• The employer’s legal name and operating/business name (if different).  
• Employer contact details, including address, phone number, and contact names.  
• The anticipated work location.  
• The employee’s starting wage rate (whether hourly or salary).  
• The applicable pay period and pay day.   
• A general description of initial hours of work.    

This requirement does not apply to assignment employees placed by temporary help agencies.

New recruitment practices (In effect since January 1, 2026)

Employers who have 25 or more employees must ensure job ads follow these requirements:

• Compensation disclosure: If the annual compensation or the top of the range is CAD 200,000 or less, the posting must show either a specific salary or a range. This range must not span more than CAD 50,000.

• AI disclosure: If AI is used in screening or selecting applicants, a statement must be included in the job posting.

• Existing vacancy statement: Let applicants know whether the opening is new or replacing someone.

• Cannot ask for “Canadian experience”: Job ads cannot require Canadian work experience as a filter for publicly posted roles.

• Record-keeping: Maintain the job posting and any related application forms for three years after the posting is removed from public access.

• Notify interviewed applicants within 45 days: For publicly posted jobs. contact all interviewed candidates within 45 days of their interview or final round to provide updates, regardless of the hiring decision. This ensures compliance and maintains a positive candidate experience.

Sick leave 

• An employer is prohibited from requiring an employee who takes leave to provide a certificate from a professional health practitioner.  
• However, employers are entitled to request other forms of reasonable evidence in the circumstances (e.g., attestation).  

Fines for ESA contraventions 

• The maximum fine amount for non-compliant employers has been increased to $100,000 from $50,000. 
• Penalty amounts for repeat offenders who have contravened the ESA three or more times has been increased to $5,000 from $1,000. 

Bill 190 amendments to the Occupational Health and Safety Act (OHSA)

Employers are responsible for keeping all their employees safe while at work, including in the remote workplace. Keeping this in mind, the OHSA has been expanded to include the following: 

Workplace harassment / Workplace sexual harassment 

• The definitions of “workplace harassment” and “workplace sexual harassment” are updated to include “virtual harassment” and “virtual sexual harassment” through the use of information and communications technology. 

Definition of work establishment 

• OHSA employer obligations are now also applicable to workers who perform telework from or around a private residence.

Joint Health & Safety Committee 

• Joint Health & Safety Committee meetings can now occur virtually. 

Electronic posting  

• Employers can fulfill posting requirements related to the posting of the OHSA and explanatory materials released by the Ministry by having these readily accessible in electronic format.  A copy of the OHSA and explanatory materials must be provided both in English and the majority language of the workplace.

Changes affecting construction businesses 

Bill 190 also includes changes specific to construction workers and their health & safety working conditions. 

Maintenance standards for washrooms  

• The definition of “washroom facility” has been amended to include washroom, toilet facility, urinal, shower, or other similar facility. 
• Employers, including a constructor, shall ensure that washroom facilities in a project are maintained in a clean and sanitary condition.  
• Employers, including a constructor, must keep, maintain, and make available records of the cleaning of the washroom facilities. 

Construction - Duty to provide menstrual products on the worksite

The following regulatory amendment came into force on January 1, 2025.  

• Construction employers must provide menstrual products at any project where work is expected to last three months or more and where 20 or more workers are regularly employed.  
• A constructor or employer is allowed to post the names and work locations of Joint Health and Safety Committee members in a readily accessible electronic format, instead of the physical workplace.
• Menstrual products include tampons and pads. These must be clear and hygienic and must be provided at one or more locations. Menstrual products must be reasonably accessible to employees at a location that guarantees a reasonable amount of privacy.  

Bill 190 amendments to the Workplace Safety and Insurance Act (WSIA) 

Post-Traumatic Stress Disorder benefit 

• Expand presumptive coverage for occupational cancers, heart injuries, and post-traumatic stress disorder (PTSD) to wildland firefighters and wildland fire investigators. 
• Extend presumptive coverage to prescribed firefighters and fire investigators for primary-site skin cancer provided that the worker had at least 10 years of service before being diagnosed.  

Have questions about the changes brought in by Bill 190, Working for Workers Five Act? 

Our experts can help you understand the changes and answer any questions you may have. Our advisors can also help you implement, update, and review company policies, as well as assist you with any HR, health & safety, and employee issues that may arise. Call 1 (833) 247-3652  today to learn more about how our services can benefit your business.