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The Latest Ontario Employment Legislation Updates
Learn what every employment legislation change, such as Bill 149 and 190, means for your business in Ontario.
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Working for Workers Four (Bill 149)
- Pay Transparency: Employers must post salary ranges in job ads, eliminating “open-ended” postings.
- AI Disclosure: If AI is used in screening candidates, employers must disclose it in the posting.
- Trial Shifts: No more unpaid “trial days”, employers must pay candidates for work performed.
- Tipping Policies: Employers must create written policies for tip distribution and keep those records for 3 years.
- Ban on “Canadian Experience”: Employers can no longer make “Canadian experience” a hiring requirement, requiring changes to recruitment practices and job ad language.
Working for Workers Five (Bill 190) HR Updates
- Job Posting Retention: Employers must retain copies of job postings for 3 years.
- Sick-Note Ban: Employers can no longer demand a doctor’s note for short-term statutory sick leave, making managing absences trickier.
- Written Employment Information: Employers with 25+ staff must provide new hires—on or before Day 1—with written terms: employer’s name, pay rate, hours, location, and pay schedule.
Working for Workers Five (Bill 190) OHS Updates
- Virtual Harassment: Harassment protections now also explicitly cover online behaviour—video calls, chat groups, work socials, and conferences.
- Washroom Cleanliness Standards: Employers and constructors must maintain sanitary washroom facilities at worksites, including construction projects, with clear OHSA obligations.
- Remote/Teleworking Rights: The Occupational Health and Safety Act is now applicable to employees that work from home. Employers must make sure their working environment adheres to the OHSA.
- Virtual JHSC Meetings: Joint Health and Safety Committee meetings no longer have to take place in the physical workspace; they can be attended virtually.
- Safety Bulletins: Safety information can be posted online, as long as it is readily available to employees, as opposed to being physically posted in the workplace.
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Working for Workers Six (Bill 229) HR Updates
- Long-Term Illness Leave: New ESA entitlement: up to 27 weeks unpaid leave for serious, longer periods of illness. Employers must track entitlements and ensure job protection.
- Placement of Child Leave: Up to 16 weeks unpaid leave for adoption or surrogacy (effective date TBA).
- Digital Platform Workers Act: Gig workers gain new rights: transparent pay, scheduling protections, and dispute processes. Employers must track and document platform engagements like never before.
Working for Workers Six (Bill 229) OHS Updates
- PPE Requirements: Employers must provide properly fitting PPE for all, assuring inclusion of women and diverse body types—as well as ensuring the PPE is appropriate for the task at hand.
- Fines Increased: ESA and OHSA penalties doubled. Corporations face up to $2M fines; repeat offenses tied to fatalities or serious injury carry a $500k minimum.
- Chief Prevention Officer: Expanded powers to approve external training programs, set provincial standards, and collect safety data.
- Worker Trades Commission: The MLITSD can require constructors to set up on-site worker committees.
Proposed Legislative Changes Coming to Ontario
Bill 2: Protect Ontario Through Free Trade Within Canada Act
This bill would allow workers certified in other provinces to work in Ontario for up to six months without additional approval. Employers will need onboarding and verification processes for temporary certifications.
Bill 30: Working for Workers Seven
- Job-Seeking Leave: Employees affected by mass terminations may get three days unpaid leave to job-hunt.
- Job Posting Controls: Platforms must allow reports of fraudulent postings and maintain written anti-fraud policies.
- More ESA and OHSA reforms: Additional requirements likely around layoffs, safety penalties, and leaves.
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