By Richard Lyall
RESCON
New legislation proposed in Ontario called Bill 190, the Working for Workers Five Act, 2024, is presently winding its way through the regulatory process.
If passed, it will build on progress from four previous acts and amend various statutes on employment, labour and occupational health and safety that affect the construction industry.
The pioneering legislation would introduce several significant initiatives, open pathways into the skilled trades by removing barriers, especially for new Canadians and those seeking to enter the construction workforce, and further strengthen workplace protections for employees.
Respecting workers’ rights
The planned changes are important because the province needs to be a jurisdiction that is welcoming to talented workers. In the next decade, 100,000 construction workers will have to be hired, trained and retained. The legislation will ensure we lead the way in respecting workers’ rights.
Nationally, BuildForce Canada estimates that 22 per cent of residential construction workers will retire by 2033. To build the homes that are necessary over the next decade, the construction workforce needs to grow to more than 1.03 million workers in the next nine years, a staggering 83 per cent above the status quo. For that to happen, we must clear away the hurdles.
Meantime, as a result of the federal government’s net-zero and carbon-neutral goals, BuildForce reported in an earlier report called Building a Greener Future that 16,300 new jobs relating to fuel switching would be needed in the residential sector alone, while a further 40,600 would be needed to perform energy-efficiency retrofits.
Bill 190 updates and amends the Employment Standards Act, Fair Access to Regulated Professions and Compulsory Trades Act, the Ontario Immigration Act, the Workplace Safety and Insurance Act, Occupational Health and Safety Act (OHSA) and the Building Opportunities in the Skilled Trades Act.
Sector-specific solutions
The government should be commended for ensuring the legislation and regulations that govern work in Ontario reflect the needs of businesses and workers and provide sector-specific solutions.
Immigration is critical to the residential construction industry and removing barriers for new Canadians to enter the construction workforce is paramount to ensuring we have a bright future. Immigrants with specialized skill sets and a strong work ethic are needed by our industry.
Specifically, proposed changes in Bill 190 would improve foreign credential system outcomes by requiring regulated professions to have a policy on acceptable alternatives to qualification documentation that is acceptable when standard registration-related documents cannot be obtained beyond an applicant’s control, due to such unforeseen circumstances as a war or natural disaster. If passed, Ontario would be the first province in Canada to have this legislation.
Job-matching portal
Historically, the nation’s immigration system has awarded points based on education, age and language proficiency. Between 2018 and 2021, 75 per cent of entrants had a bachelor’s degree or higher, and less than two per cent had an apprenticeship and/or non-apprenticeable trade certificate.
Bill 190 would also introduce the Focused Apprenticeship Skills Training program that will allow students in Grades 11 and 12 to pursue apprenticeship training while completing their regular studies.
Further, a new online job-matching portal would make it easier for apprentices, journeypersons and employers to network and share job opportunities.
On the health and safety front, Bill 190 introduces common-sense and increased focus on safety and sanitation protocols on construction sites.
Employers would be required to ensure that on-site washroom facilities are maintained in a clean and sanitary condition. Under the OHSA, constructors would also have to keep, maintain and make available records of the cleaning of washroom facilities.
Preparing for the future
Meanwhile, the government intends to amend the OHSA to require employers to supply menstrual products on construction sites employing at least 20 workers for projects lasting three months or longer.
It is critical to recruit and protect workers and prepare for the future. Our workforce is aging and the impact of that demographic shift will be significant for the residential construction industry.
In 1972, 47 per cent of Canadians were under 25 years old. By 2021, that percentage had declined to 28 per cent. By 2033, 40 per cent of the nation’s workforce will be 54 years of age or older.
We must make Canada a jurisdiction that is welcoming to top talent. For the residential construction industry in Ontario, Bill 190 is a good start.
Richard Lyall is president of the Residential Construction Council of Ontario (RESCON). He has represented the building industry in Ontario since 1991. Contact him at media@rescon.com.
