Bill 148, fair workplaces, better jobs act, 2017 received royal assent in november 2017. The ministry is also preparing a guideline to help employers comply with these requirements. Bill 168 best practices checklist please utilize the below checklist to help your organization become compliant by june 15, 2010 with bill 168 and ensure ongoing compliance. Bill 2 2017 an act to enact the ontario fair hydro plan act, 2017 and to make amendments to the electricity act, 1998 and the ontario energy board act, 1998 her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. The major elements and best practices should include. Ontario s bill 148, fair workplaces, better jobs act, 2017, continues to move through the legislative process. Bill 168 implementation advice the checklists below are designed to help you create or revise employment policies which are compliant with bill 168 note that, while it is a best practice to do so, there is no actual requirement in bill 168 to create a domestic violence policy. Workplace violence and harassment amendments to ohsa by. Certain amendments will come into force immediately, and others are staggered throughout 2017, 2018 and 2019. The bill outlines stiff penalties for all employers in ontario who fail to meet their new responsibilities and. An update to bill 168, workplace violence and harassment.
Ontario s bill 168 defines workplace violence and harassment as follows. Bill 148 has been enacted as chapter 22 of the statutes of ontario, 2017. On november 22, 2017, the ontario government passed the fair workplaces, better jobs act, 2017 bill 148, rolling out major changes to the provinces employment and labour laws. Effective june 15, 2010, employers in ontario who are subject to the occupational health and safety act are required to have policies in place to address workplace violence and workplace harassment. Requirements for mandatory policies, training and postings from.
Bill 168 nevertheless still covers harassment that is not based on these grounds. The bill also changed the occupational health and safety act, banning mandatory high heels for women in most industries. The act is amended to bind the crown, subject to an exception in section 4 of the act separate persons treated as one employer. Bill 168, the occupational health and safety amendment act violence and harassment in the workplace 2009, came into force effectively extending the reach of the act beyond traditional workplace safety to include protection against violence and harassment in the workplace. Employers in ontario must understand their obligations under the amended ohda. Government bill house of commons c16 421 first reading an act to amend the canadian human rights act and the criminal code parliament of canada. Bill 168 amendments to ontario s occupational health and safety act on violence and harassment in the workplace came into force on june 15, 2010.
Commencement 2 1 subject to subsections 2 and 3, this act comes into force on the day it receives royal assent. Everyone should be able to work in a safe and healthy workplace. Bill 168 amendments to ontarios occupational health and. Recent amendments to the occupational health and safety act will see ontario join a growing list of jurisdictions. Nov 29, 2017 bill 148, the fair workplaces, better jobs act, 2017, which significantly amends ontario labour and employment law, has received royal assent and is now law. Bill 168 participant guide ontario and across canada. Bill 148 ontarios fair workplaces, better jobs act, 2017.
Opseu guide to bill 168 regarding workplace violence and harassment. Workplace violence and workplace harassment ontario. In december 2009, the ontario legislature passed amendments to the occupational health and safety act ohsa to help protect workers against workplace violence. The bill would specify that a violation of its provisions would. Our summary of the bill 148 changes by compliance date djb. Bill c16, an act to amend the canadian human rights act and the criminal code, be not now read a third time, but be referred back to the standing committee on justice and human rights for the purpose of reconsidering all of its clauses with the view to hearing from witnesses in relation to the impact of the bill on freedom of expression. This is to make sure your members are getting the full benefit of the changes and to prepare you to deal with issues that may come up because of the changes. Employers obligations under bill 168 employment law news.
Get the buyers package for 168 allan st, oakville to help you make a sound and riskfree buying decision. In 2015, the ontario government introduced bill 2, the sexual violence and harassment action plan act, which amends, among other statutes, the occupational health and safety act ohsa. Bill 168 ontarios law on workplace violence and harassment. Ontario bill 168, the occupational health and safety amendment act, completed its third and final reading in the ontario legislature on december 9, 2009. Brief new obligations regarding workplace violence. The ontario human rights code prohibits harassment based on specific grounds of discrimination. Violence and harassment have no place in the workplace. Ontario requirements mandatory policies, training and postings.
Jun 15, 2010 ontarios bill 168 on workplace violence and harassment became law on june 15, 2010. Ontario s human rights code and workplace safety and insurance act, 1997. In 2016, bill 2 further amended the ohsa to expand the meaning of workplace harassment to include workplace sexual harassment. Ontarios bill 168 defines workplace violence and harassment as follows. This explanatory note was written as a readers aid to bill 168 and does not form part of the law. The occupational health and safety act sets out roles and responsibilities of workplace. They recognized how rapidly ontario s economy was changing. There are at least five important questions every inhouse counsel with responsibilities in ontario needs to answer with respect to legal compliance with bill 168 amendments to ontario s occupational health and safety act, becoming law june 15, 2010.
The act represents a significant change in how, and to what extent, both workplace violence and harassment are regulated in ontario. Ontarios government must also create the conditions. Contrary to the approach that has been taken by some employers, bill 168 did not create a situation of zero tolerance for workplace violence and workplace threats. Workplace violence and workplace harassment ministry of labour. For that reason, it is desirable to require the government of ontario to implement a wholeofgovernment approach in combating antisemitism. Neglect of bill 168 forms basis for reprisal complaint. It came into force on june 15, 2010 and aims to protect workers from violence and harassment. Bill 168 cfib insisted that template samples be provided to save you time and money guidelines, templates and checklist from the ministry of labour mol ontario.
On june 15, 2010, bill 168, which amended the occupational health and safety act ohsa to deal with workplace violence and harassment, came into force. Bill 2 from parliament 42 session 1 of the legislative assembly of ontario. Bill 168 from parliament 39 session 1 of the legislative assembly of ontario. Ontario employers face a number of new challenges in 2018 as a result of the fair workplaces, better jobs act, 2017 bill 148. There are quizzes built into the dvd after each module to ensure your employees understand the concepts related to harassment and violence in the workplace and serving people with disabilities. Emond harnden bill 168 amendments to the ohsa ontario tackles workplace violence and harassment date. Her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. Bill 168 is an amendment to ontario s occupational health and safety act ohsa. Jan 11, 2018 a summary of ontarios bill 148 and what it means for your business posted by kingajasek on january 11, 2018 with the start of the new year, many of us make the resolve to make some changes in our day to day by setting some new goals. Bill 168 requires employers to have policies and programs in place to deal with. Workplace violence and harassment amendments to ohsa bill 168.
Mar 18, 2010 this national webinar hosted by canadian hr reporter and thomson carswell reuters featured ron minken on the topic of bill 168. Now, every provincially regulated ontario employer is required to take proactive steps to prevent and address workplace. The occupational health and safety act sets out roles and responsibilities of workplace parties with respect to workplace violence and workplace harassment, including developing and implementing policies and programs and providing information and instruction on these. Not all amendments are shown below, to view all changes and the specific details of each, please go to legislative assembly of ontario bill 148 fair workplaces, better jobs act, 2017.
Below we outline a few highlights to help you navigate the changes to the employmentlabour law landscape in ontario. Catherine covered the impact of ontarios pending workplace health and safety legislation bill 168 on campus safety programs as well as the tricky. The act completed its third and final reading in the ontario legislature on december 9, 2009. Establish procedures for identifying and dealing with workplace hazards. Workplace violence policy sample scroll down past the pdf in order to find the sample policy this is an ontario ministry of labour sample, best used in case of an inspection. A changing landscape for ontario employers alix herber, partner christian paquette, partner christopher pigott, partner july 12, 2017. Bill 168, occupational health and safety amendment act violence. Jul 17, 2014 7 after bill 168 employer has duty to proactively protect employees from workplace violence and harassment and cannot be reactive may be liable, even if not negligent the type of business may increase risk to employees which results in additional obligations on employers if employee suffers loss or damages, must only show that employer failed. Contents of this act 1 this act consists of this section, sections 2 and 3 and the schedules to this act. Any business with 5 or more employees is expected to have the programs and measures in place as of june 15, 2010. On june 1, the ontario government introduced bill 148. Apr 10, 2014 both the toronto police and the ontario ministry of labour will investigate the april 9 tragedy. Beazley canada amendments to ontarios occupational. The mol issued a fact sheet on bill 168s new workplace violence and harassment requirements, which take effect june 15, 2010.
Bill 168, the occupational health and safety act violence and harassment in the workplace 2009, passed second reading on october 20, 2009 and has been referred to the standing committee on social. The ontario government passed bill 148, also called the fair workplaces, better jobs act, 2017. Workplace antiviolence, harassment, and sexual harassment policy bills 168 and 2 ontario. This policy has been written to comply with the changes to the occupational health and safety act introduced by ontario bill 2. An explanation and overview of bill 168 make it our business. Emond harnden bill 168 amendments to the ohsa ontario. Workplace violence and harassment amendments to ohsa. Bill 168 is an amendment to ontarios occupational health and safety act ohsa. Jul 06, 2010 to receive guidance about risk assessments and to determine if bill 168 is applicable to your business or organization, please contact them directly at bill 168, occupational health and safety amendment act violence and harassment in the workplace, 2009, amends ontarios occupational health and safety act. Ontario passes bill 148, rolls out major changes to workplace. It represents a significant change in how, and to what extent, both workplace violence and harassment are regulated in ontario workplaces. Opseu guide to bill 168 regarding workplace violence and. Workplace antiviolence, harassment, and sexual harassment.
We know dealing with policies and legislation isnt the most exciting part of running a business, but it is necessary and bill 168 is the law. Bill 168, occupational health and safety amendment act. Order bill 168 video dvd online ontario and across canada. Bill 168 amended the ontario occupational health and safety act to add continue reading.
Workplaces are less secure with parttime and contract jobs on the rise. Schedule 1 employment standards act, 2000 the schedule makes various amendments to the employment standards act, 2000. Ontarios fair workplaces, better jobs act, 2017 bill 148 passed its third reading on november 22, 2017, confirming that many significant changes to ontarios labour and employment legislation are imminent. Bill 148 received royal assent from the ontario legislature in november 2017. Bill 168 2019 an act to combat antisemitism preamble antisemitism is a multifaceted problem that requires a multifaceted strategy, encompassing a range of ministries and agencies. Bill 2, better for people, smarter for business act, 2019. Everything you ever wanted to know about bill 148 but were. Health and safety amendment act violence and harassment in the. Bill 168 has been enacted as chapter 23 of the statutes of ontario, 2009. To help employers navigate the many changes under bill 148, we have outlined the key changes that employers need to be aware of. Deadline is around the corner by lisa stam on may 11, 2010 posted in bill 168, employer resources, workplace violence becoming complaint with the new workplace violence and harassment law bill 168 has recently moved to the centre of many organizational radars.
Bill 148 is now the law in ontario, canada littler. Bill 148, the fair workplaces, better jobs act, 2017, which significantly amends ontario labour and employment law, has received royal assent and is now law. Navigating the workplace harassment seachange authors. May 1, 2009 on april 20, 2009, the ontario government introduced amendments to the occupational health and safety act ohsa to address workplace violence and harassment.
The bill made significant changes to the employment standards act esa and the labour relations act, among others. Bill 168 addresses all forms of harassment, including those that go beyond the prescribed. Ontarios fair workplaces, better jobs act, 2017, also known as bill 148, received royal assent on november 27, 2017. Arguing that his termination would not have happened had his employer complied with bill 168 and thus addressed his harassment complaint properly, an employee has persuaded the ontario labour relations board to allow his ohs reprisal complaint to proceed to a full hearing. Daniel pugen and ben ratelband on april 20, 2009, the ontario government introduced bill 168, the occupational health and safety amendment act violence and harassment in the workplace 2009. Amendments to ontarios occupational health and safety act. With the passage of bill 148, weighty changes arrived to ontario s labour and employment regime. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key changes that are currently proposed. Today, the ford government presented bill 47, the making ontario open for business act, which will reverse many of the changes to ontario s labour and employment laws created by the unpopular bill 148. The bill would apply to all employers, including state and local government employers and the legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. This code of practice to address workplace harassment and other. Bill 168 was finalized as law upon receiving royal assent on december 15, 2009 and took effect on june 15, 2010.
Bill 168 best practices checklist the employers choice. Workplace violence and harassment policies and programs. Ontario reverses recent changes to workplace laws october 23, 2018. Parcel register official property document from province of ontario. Occupational health and safety amendment act violence and harassment in the workplace, 2009, s. Bill 168 2017 an act to amend the occupational health and safety act with respect to footwear her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. In general, bill 168 requires employers to do the following. Develop a program for the implementation and maintenance of workplace violence and harassment. Introduction to bill 168 in december 2009, the ontario government passed bill 168, changing the occupational health and safety act. Our summary of the bill 148 changes by compliance date. The legislation went into effect on an explanation and overview of bill 168 make it our business. Ontario bill 168 now known as section 32 of the ontario occupational health and safety act ontario ohsa was finalized as law and went into effect for ontario employers on june 15, 2010. Bill 168, combating antisemitism act, 2020 legislative. Develop written policies regarding violence and harassment in the workplace.