Bill 88 Changes That Will Impact You

Changes to Ontario’s Bill 88, Working for Workers Act received Royal Assent on April 11, 2022 and are now law.
Some of those changes will have a major impact on the construction industry.
This document is a brief synopsis that the GVCA has prepared to help you navigate through some of it. Complete details can be found on the Ontario Legislative Assembly website or by contacting a law firm that specializes in Employment Law.

Occupational Health and Safety Act:

An employer must provide naloxone kits and comply with related requirements if the employer becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer, or where the prescribed circumstances exist.

The employer shall:
• provide and maintain in good condition a naloxone kit in that workplace;
• comply with any other prescribed requirements respecting the provision and maintenance of naloxone kits and the training required;
• ensure that at any time there are workers in the workplace, the naloxone kit is in the charge of a worker who works in the vicinity of the kit and who has received training;
• ensure that training includes recognizing an opioid overdose, administering naloxone, and acquainting the worker with any hazards related to the administration of naloxone;
• not disclose to any person more personal information than is reasonably necessary to comply with this section.
There are also changes to penalties for convictions under the Act:
• The maximum fine is increased from $100,000 to $1.5-million for directors or officers of corporations, and to $500,000 for other individuals.
• A list of aggravating factors to be considered in determining a penalty is also added.
• The limitation period for instituting a prosecution is extended from one year to two years.

Employment Standards Act, 2000:

An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to electronic monitoring of employees. A copy must be provided to each employee within 30 days from the day the employer is required to have the policy in place.
The policy must contain:
• a description of how and in what circumstances the employer may electronically monitor employees;
• the purposes for which information obtained through electronic monitoring may be used by the employer;
• the date the policy was prepared and the date any changes were made; and
• such other information as may be prescribed.
Another amendment – an employee is entitled to leave if that employee is participating in Canadian Armed Forces military skills training, and has been employed by the employer for three consecutive months.
Digital Platform Workers’ Rights Act, 2022:
This Act is geared towards companies that offer products and/or services through a digital platform (i.e., website, social media or other electronic programs) and employ workers to fulfill those requests. Examples include ride share, delivery, courier or other prescribed services.
Among other things the Act provides workers with:
• the right to a recurring pay period and pay day,
• the right to a minimum wage,
• the right to be free from reprisal, and
• the right to notice of removal from an operator’s (employer’s) digital platform.

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

Changes to this legislation affect “domestic labour mobility applicants” – individuals who have applied for registration by a regulated profession in Ontario, and are currently registered with a body that regulates the same profession in another Canadian province or territory.
The Act is amended in several sections including:
• Timely decisions, responses and reasons;
• Acknowledgement of application;
• Registration decision; and
• Internal review or appeal.

I hope this information is helpful. Please reach out to me if I can be of any further assistance. I can be reached at 519-622-4822 x 123, or on my cell at 519-221-4898.
Sincerely,
Martha George, GSC President