Human Resources Legislative Update - Legislative Developments in Human Resources Law

On April 8, 2013, parts of the Ontario College of Trades and Apprenticeship Act, 2009 (“OCTAA”) will be proclaimed into force.

Among other things, OCTAA creates the Ontario College of Trades (“College”). Effective April 8, 2013, OCTAA will repeal the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act, thereby transferring most responsibility for skilled trades and certificates issued under those Acts from the Minister of Training, Colleges and Universities to the College. 

The provisions of OCTAA which will be proclaimed into force on April 8, 2013 set out, among other things, prohibitions on engaging in the practice of a compulsory trade without the requisite valid certificate of qualification, requirements for membership in the College, establishment of the Complaints, Discipline and Fitness to Practice Committees and offence provisions for non-compliance with OCTAA.

Continue Reading

On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103 of the Act will repeal The Apprenticeship and Certification Act, 1998 and The Trades Qualification and Apprenticeship Act.

O. Reg. 87/13, Training Requirements for Certain Compulsory Trades, revoking O. Reg. 572/99, was filed on March 1, 2013. Among other things, O. Reg. 87/13 requires workers who perform work in the construction sector or motive power sector compulsory trades to hold the specified certificate of qualification issued under the Act (subject to certain exceptions). No employer of those workers shall permit them to perform work if they do not hold the certificates of qualification. O. Reg. 87/13 should be consulted for coming into force information.

O. Reg. 88/13, amending O. Reg. 213/91, Construction Projects, was filed on March 1, 2013. Among other things, O. Reg. 88/13 requires workers who operate a crane or similar hoisting device to hold the specified certificate of qualification issued under the Act. It also sets out specific qualification requirements for workers who connect, maintain or modify electrical equipment or installations. O. Reg. 88/13 comes into force on April 8, 2013.

O. Reg. 89/13, amending O. Reg. 67/93, Health Care Residential Facilities, was filed on March 1, 2013. Among other things, O. Reg. 89/13 requires that workers who perform specified electrical work shall hold the required certificate of qualification issued under the Act. O. Reg. 89/13 comes into force on April 8, 2013.

O. Reg. 90/13, amending O. Reg. 414/05, Farming Operations, was filed on March 1, 2013. O. Reg. 90/13 adds O. Reg. 87/13, Training Requirements for Certain Compulsory Trades, as a regulation which applies to farming operations. O. Reg. 90/13 comes into force on April 8, 2013, and will be revoked on the first anniversary of its coming into force.  

O. Reg. 92/13, amending Regulation 854 of R.R.O. 1990, Mines and Mining Plants, was filed on March 1, 2013. Among other things, O. Reg. 92/13 requires that workers of mobile cranes, shovels and boom trucks, or similar equipment, whereby rope is wound onto a drum driven by an engine for the purpose of raising, lowering or swinging materials, shall hold the specified certificate of qualification under the Act. O. Reg. 92/13 comes into force on April 8, 2013.

The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by OHSA and would likely be filed on or before July 1, 2013, with an effective date of January 1, 2014.

The proposed regulation would require employers to ensure that all workers and supervisors (as those terms are defined in OHSA) complete mandatory health and safety awareness training programs. Among other things, the proposed regulation would:

• establish the minimum content requirements of the programs for both worker and supervisor awareness;
• require employers to maintain records of supervisors and workers who have completed the training;
• require employers to verify that new workers or supervisors have completed the requisite training at their prior workplaces; and
• establish procedures for compliance.

The proposed regulation would revoke the existing O. Reg. 780/94.

The consultation period for the proposed regulation will end on February 4, 2013, and information regarding the consultation process is posted on the Ministry of Labour’s proposal announcement.

As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and partners in a partnership who carry on business in construction.

A pre-registration period has been in effect since January 1, 2012, together with a year-long education campaign designed to educate persons in the construction industry about the new mandatory coverage.

More information about mandatory coverage in the construction industry, together with the supporting policies that have been developed by the WSIB, are found on the WSIB’s website. These policies include, among other matters, requirements relating to clearance certificates and an offences and penalties policy which states that, with certain exceptions, penalties or enforcement for non-compliance will be waived for one year, or up until December 31, 2013.

The Ontario government has announced the launch of four targeted safety blitzes at workplaces across the province this Fall. The planned blitzes will focus on:

• supervision at construction sites (September and October);
• machine guarding hazards and repetitive strain injuries in manufacturing and industrial workplaces (October and November);
• infection prevention and control in health care workplaces (October and November); and
• transfer of ore in underground mines (November and December).

During the blitzes, Ministry of Labour inspectors will check on the following;

• the condition and maintenance of safety equipment;
• worker training;
• the use of safety equipment; and
• other potential health and safety hazards to help prevent workplace injuries.

On June 16, 2012, the federal government published draft regulations made under the Canada Labour Code which propose amendments to, among other things, the Canada Occupational Health and Safety Regulations.

Generally, the proposed amendments would repeal the requirement for organizations to seek the approval of the Minister of Labour to deliver first-aid courses. This would put the onus on employers to ensure that a first aid training program is given by a qualified person holding valid certification from an approved organization, as that term is defined. Advanced first-aid training would need to be reviewed by the employer in consultation with the workplace committee or health and safety representative within specified timelines. The definitions of “basic first aid certificate” and “standard first aid certificate” would also be changed.

Interested persons are invited to make representations on the proposed regulations by July 16, 2012.  

On June 12, 2012, the Ontario government filed two regulations under the Occupational Health and Safety Act.

O. Reg. 148/12 (Designated Substances) adds  “or to a physician designated by the Provincial Physician” to subsections 30(2) and 31(2) of O. Reg. 490/09, effective immediately. It further substitutes a new Table 1 (Exposure Limits) prescribing Agents and corresponding Time-Weighted Average Limit (“TWA”), Short-Term Exposure Limit (“STEL”), Ceiling Limit (“C”) and Notations. The amendments will come into force on January 1, 2013. The new Table will come into force January 1, 2013.

O. Reg. 149/12 (Control of Exposure to Biological or Chemical Agents) amends Regulation 833 of R.R.O. 1990 by substituting a new definition for “ACGIH Table” in section 1, and substitutes a new Table 1 (Ontario Table of Occupational Exposure Limits) prescribing Agents and corresponding Time-Weighted Average Limit (“TWA”), Short-Term Exposure Limit (“STEL”), Ceiling Limit (“C”) and Notations. The amendments will come into force on January 1, 2013.

On June 5, 2012, the Ontario government filed O. Reg 141/12 "Insurance Fund," made under the Workplace Safety and Insurance Act ("Act"). In part, the regulation requires the Workplace Safety and Insurance Board ("WSIB") to ensure the insurance fund meets the following sufficiency ratios by the following dates:

• 60 per cent on or before December 31, 2017
• 80 per cent on or before December 31, 2022
• 100 per cent on or before December 31, 2027

In addition, section 96.1(1) of the Act, which will come into force on a day to be proclaimed, requires the WSIB to develop and implement a plan to achieve sufficiency of the insurance fund where the fund is insufficient. O. Reg. 141/12 sets out the information to be included in that plan and requires that the plan be submitted to the Minister by June 30, 2013. This regulation comes into force on January 1, 2013.

O. Reg. 140/12, filed on June 5, 2012, extends the prescribed temporary indexing factor of 0.5 per cent to 2013 and 2014. This regulation comes into force on January 1, 2013.

These regulations reflect the changes announced by the Ontario government on May 4, 2012 subsequent to the release of the Report on Funding Fairness, chaired by Professor Arthurs.

On May 4, 2012, the Ontario government announced that it would file a new regulation under the Workplace Safety and Insurance Act, 1997, to require the insurance fund of the Workplace Safety and Insurance Board ("WSIB") to reach sufficiency of 60 per cent funding in 2017, 80 per cent funding in 2022 and a full 100 per cent funding by 2027. Also announced were benefit increases to injured workers on partial disability by 0.5 per cent in 2013 and another 0.5 per cent in 2014.

This announcement was in response to the WSIB Funding Review chaired by Professor Arthurs and its resulting report entitled "Funding Fairness: A Report on Ontario's Workplace Safety and Insurance System."

As previously reported, the Funding Review was established to consider policy issues relating to the financial future of the WSIB, including a plan on how to eliminate its unfunded liability.

The Ontario government has announced that effective March 1, 2012, Ministry of Labour inspectors are targeting high-risk construction trades in a month-long safety blitz intended to protect workers from preventable workplace injuries. 

Inspectors will visit construction projects employing workers in high-rise formwork, low-rise formwork and masonry, siding and built-up roofing work, and specifically check that:

•   work areas are safe from hazards that cause dangerous slips, trips or falls; and

•   workers are using fall protection systems properly and equipment such as ladders, platforms and scaffolds.

This blitz is in addition to regular inspections already undertaken by the Ministry of Labour.

On June 1, 2011, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, received Royal Assent.

As previously reported, the Bill 160 amendments are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety and significantly amend the Occupational Health and Safety Act.

The Bill should be consulted for specific coming into force information.

On May 4, 2011, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, was reported with amendments by the Standing Committee on Social Policy and ordered for Third Reading.

As previously reported, the proposed Bill 160 amendments are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety and would significantly amend the Occupational Health and Safety Act.

The Bill should be consulted for specific coming into force information.

On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011.

O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities and mines and mining plants.

Continue Reading

On December 16, 2010, the Expert Advisory Panel on Occupational Health and Safety tabled its Report and Recommendations to the Minister of Labour ("Report") on ways to improve workplace health and safety in Ontario. As recommended by the Report, the government announced the creation of a Chief Prevention Officer position, which will be tasked with ensuring effective health and safety services and enforcement at workplaces throughout Ontario.

The panel, chaired by Tony Dean, professor in the School of Public Policy and Governance at the University of Toronto, made a number of additional recommendations, including the following:

• tracking the performance of workplaces and sectors through enhanced information gathering and sharing methods;
• providing recognition and incentives for high-performing employers;
• increasing stakeholder involvement in the development of regulations;
• providing training to improve foundational knowledge on the rights and responsibilities of workers and supervisors;
• enhanced training and the establishment of minimum standards for high-risk activities such as working at heights in the construction industry;
• increasing penalties where standards for training, supervision and the provision and use of safety equipment are not met;
• targeted outreach to non-English speaking workers;
• increased collaboration and integration between agencies delivering health and safety services; and
• enhancement of enforcement tools for health and safety inspectors.

The government will determine how best to implement the panel's remaining recommendations. 

On November 1, 2010, the Ontario government published O. Reg. 405/10, made under the Workplace Safety and Insurance Act, 1997. The regulation amends O. Reg. 454/09, which established, for the purposes of subsections 51(5) and 52(1.3) of the Act, a temporary indexing factor of 0.5% for the year 2010. O.Reg. 405/10 extends the application of that temporary indexing factor to the years 2011 and 2012. It comes into force on January 1, 2011.

The Workplace Safety and Insurance Board has released interim Work Reintegration policies and a draft Work Reintegration NEER policy for stakeholder consultation. Stakeholders can submit their responses in writing until February 15, 2011.

The interim Work Reintegration policies integrate Early and Safe Return to Work, Re-Employment and Labour Market Re-entry and are to become effective December 1, 2010, during the course of the consultation process. The draft Work Reintegration NEER policy extends the NEER window from three to four years beginning with the 2008 accident year. 

On Tuesday, October 5, 2010, the Ontario government introduced Bill 110, the Good Government Act, 2010, omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.

Continue Reading

On July 28, 2010, the Ontario government announced the launch of an eight-week campaign, together with its health and safety partners, which targets construction sites across the province. The focus of the campaign is to impress upon workers and employers the importance of putting safety first, through proper training and awareness of workplace dangers.

Also with respect to construction sites, the government had recently announced its intention to increase enforcement of violations and enhance awareness of safety measures to protect workers, as we previously reported.

Both initiatives follow on the heels of a 90-day safety enforcement blitz of more than 2,800 construction sites.

On June 15, 2010, Bill 168, the Occupational ­Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, came into effect.

As reported in our FTR Now of December 10, 2009, Bill 168 requires employers to develop policies and programs to address workplace violence and­ harassment a­nd to assess the risk of violence in its workplace.

On May 18, 2010, Hicks Morley published Preventing Workplace Violence and Bill 168 – A Guide for Employers (.pdf). This Guide includes helpful resources and suggested policies designed to help employers comply with the Bill 168 amendments.