Employers facing multiple serious workplace injuries or fatalities within two years will face a mandatory $500,000 base fine
Ontario will impose a mandatory minimum fine of $500,000 on employers with more than one serious injury or workplace death within a two-year period.
The fine will be part of the sixth Working for Workers Act, Minister of Labour and Immigration David Piccini announced on Wednesday.
“One of the frustrations we’ve seen is that even in the case of egregious offences, some courts are not imposing fines anywhere near the maximum available amount — $2 million,” Piccini told the Toronto Star.
“These measures, if passed, would impose tough penalties, and are part of our government’s approach to cracking down on crime,” he said. “A fatality can never, absolutely never, be the cost of doing business.”
The Occupational Health and Safety Act currently outlines a maximum fine for employers who have been convicted twice or more but does not set out a minimum.
The proposed minimum fine is believed to be the highest minimum in Canada, with Quebec imposing a $15,000 fine for a first offence and Newfoundland imposing a fine of $2,000.
Those convicted under the act for serious injury or death can also face up to a year in prison, while those on corporate boards can be held liable.
A spokesperson for Piccini noted that a steelworker died on the job June 2022 – the third fatality in less than two years. The company was only fined $240,000, which is “unacceptable.”
“We know the vast majority of employers are doing right by their staff and customers and are driving the economic prosperity of our province. But for the bad actors that harm their workers and repeatedly violate health and safety laws, there are consequences,” Piccini said.
The sixth edition of the Working for Workers Act will build upon the five previous acts with measures designed to “protect the health and wellbeing of workers, bring more people into the skilled trades and keep costs down for Ontario workers,” the government statement said.
Other additions to the Act include new parental leave for adoption and surrogacy and extended long-term illness leave.
A 16-week job-protected parental leave will be created for adoptive parents and parents through surrogacy. This measure ensures families have sufficient time to navigate the adoption or surrogacy process and bond with their new child. The initiative also aligns with forthcoming federal employment insurance (EI) benefits for adoption, providing comprehensive support for these families.
Meanwhile, a new 27-week job-protected leave is being proposed for employees unable to work due to serious medical conditions, such as cancer, multiple sclerosis, or Crohn's disease. This leave, among the longest of its kind in Canada, aims to give workers the time they need to seek treatment and recover without jeopardizing their employment.
If passed, these changes will strengthen job security and provide vital support for families and individuals facing significant life events.
“Our government has a clear mission: ensure Ontario continues to be the very best place to live, work, and raise a family,” said Piccini. “If a worker gets sick with a critical illness they can take the time to recover without worrying about their job.”
