On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 received royal assent.
The bill is also known as the Working for Workers Four Act, 2024. Though it is considered law, it is important to note that provisions within the bill will come into force on various dates.

More specifically, the following changes have taken place:

Introduction and commencement

The bill consists of the opening and includes each of the schedules. As mentioned above, the bill comes into force on Royal Assent, and the schedules come into force as stipulated in each schedule.

Schedule 1: Digital Platform Workers’ Rights Act

Though the Digital Platform Workers’ Rights Act does not come into force until a date to be named by proclamation of the Lieutenant Governor, section 8 of this Act is amended by adding provisions stating that certain limits on recurring pay periods and pay days may be prescribed by regulation. Also, section 9 of the Act is amended by adding that rules for determining compliance with the minimum wage requirements may be prescribed by regulation.

Moreover, section 66 of the Act would give the Lieutenant Governor in Council the authority to make regulations. Finally, the French version of the Act is amended to make a minor translation correction (striking out répéititive and replacing with récurrente).

Schedule 2: Employment Standards Act

The Employment Standards Act is amended by adding that, with respect to the definition of “employee,” training includes work performed during a trial period.

Furthermore, there is a new part that has been added (Part III.1) involving job postings. Essentially, there are new (hollow) definitions of “artificial intelligence” and “publicly advertised job posting.” I say “hollow” because we need to wait until we see the regulations before we can understand what is meant in this part. Also, every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess, or select applicants for the position must include in the posting a statement disclosing the use of artificial intelligence.

As I mentioned in a recent article that I wrote, this could be as simple as “We use AI to screen, assess, or select applicants for the position.” And any exceptions to this rule is will be found in the regulations. Of course, I pointed out that this requirement was disappointing, since there is no mention of bias audits or requirements to post the results on a company website regarding the employer’s use of AI tools.

In addition, every employer who advertises a publicly advertised job posting must include in the posting information the expected compensation for the position or the range of expected compensation. However, there is an exception—it does not apply to a posting that meets criteria as may be prescribed. Likewise, a range of expected compensation is subject to conditions, limitations, restrictions, or requirements as may be prescribed.

Also in the job postings section is the prohibition of employers to require Canadian experience. However, any exceptions to this rule will be found in the regulations.

The Act is also amended to increase pay transparency by streamlining provisions dealing with direct deposits for employees. In particular, employers can pay an employee’s wages by direct deposit if the account is selected by the employee and is in the employee’s name, no person other than the employee or an authorized person has access to the account, and the account meets prescribed criteria, if any.

Section 13 of the Act is changed by adding another provision regarding cash shortages and lost property. That is, for greater certainty, the circumstances set out in section 13(5)(b)(ii) includes where a customer of a restaurant, gas station, or other establishment leaves the establishment without paying for goods or services taken.

Another section has also been added to Part V.1 to address tips and gratuities. For instance, employers must pay employees their tips and gratuities by cash, cheque payable only to the employee, direct deposit, or any other prescribed method of payment. If payments are made by cash or cheque, employers must ensure that the payments are given to employees at their workplace or other place agreeable to the employees. Employers can make the payments by direct deposit if the account is selected by the employee and is in the employee’s name, no person other than the employee or an authorized person has access to the account, and the account meets prescribed criteria, if any.

Also dealing with tips and gratuities, the following provision has been added: if an employer has a policy in place regarding the employer, director, or shareholder of the employer sharing in tips or gratuities that are redistributed, the employer must post and keep posted a copy of the policy in at least one conspicuous place in the employer’s establishment.

Another provision has been added concerning the retention of job postings. Employers must retain or arrange for someone to retain copies of every publicly advertised job posting and any associated application form for three years after public access is removed. Along the same lines, employers must retain or arrange for someone to retain copies of every written policy on sharing tips or gratuities that is required to be posted under section 14(6) for three years.

With respect to vacation pay, the employer may now pay the employee vacation pay at a time set out in an agreement that the employee has made with the employer.

Also, the Lieutenant Governor in Council may make regulations providing for any transitional provisions regarding the implementation of bill 149.

Schedule 3: Fair Access to Regulated Professions and Compulsory Trades Act

The Fair Access to Regulated Profession and Compulsory Trades Act is changed by adding provisions stipulating that prescribed requirements must be met in order to determine whether a regulated profession assesses qualifications in a way that is transparent, objective, impartial, and fair. Also, prescribed requirements must be met in order to determine whether the regulated profession has taken reasonable measures to ensure that the assessments are made in a way that is transparent, objective, impartial, and fair.

Schedule 4: Workplace Safety and Insurance Act

The Workplace Safety and Insurance Act is changed by adding more WSIB protections for firefighters. For example, if a worker suffers from and is impaired by primary-site esophageal cancer, the disease is presumed to be an occupational disease that occurs due to the nature of the worker’s employment as a firefighter or fire investigator.

This presumption does not apply unless the worker was employed as a full-time firefighter, part-time firefighter, or fire investigator or served as a volunteer firefighter for at least 15 years before being diagnosed (this has changed from 25 years). Similarly, this rule applies only if the disease has been diagnosed on or after January 1, 1960. If an additional “indexing factor” has been prescribed, the amounts must be adjusted. Also, the Lieutenant Governor in Council may make regulations prescribing an additional indexing factor or any terms, restrictions, limitations, conditions, or exclusions.

Injured workers are now supported via “super indexing” increases to WSIB benefits above the annual rate of inflation to increase pay for these workers.