In 2024, the Ontario legislature passed the Working for Workers Five Act and the Working for Workers Six Act, which introduced amendments to the Employment Standards Act, 2000 (“ESA”) and the Occupational Health and Safety Act (“OHSA”), among other pieces of legislation. At the time of passage, the implementation dates for many of these amendments had yet to be announced. Now, several key changes are set to take effect in 2025, with additional measures scheduled for 2026.
Employers in Ontario should be aware of these legislative updates, as they will impact virtually every workplace in the province. Compliance with the ESA will be more critical than ever, as fines for violations have doubled from $50,000 to $100,000.
Key Changes Enacted in 2024
Several important amendments took effect in 2024:
- Medical Notes for ESA employees: a new prohibition on employers requiring employees to provide a certificate or medical note from a qualified health practitioner in support of that employee’s ESA sick leave request.
- Expanded Definition of Workplace Harassment: the definitions of workplace harassment and workplace sexual harassment in the OHSA were expanded to capture harassment that occurs “virtually through the use of information and communications technology."
Upcoming Changes in 2025
- Changes to the OHSA: As of July 1, 2025, amendments to the OHSA will require employers to ensure that any washroom facility provided for use by workers is maintained in a clean and sanitary condition. The employer will be required to maintain cleaning records as prescribed by the OHSA.
- New Job Protected Leaves: The ESA currently contains several protected leaves that provide job protection to employees who take various leaves of absence from work. As of June 19, 2025, employees in Ontario will be entitled to a new leave called “Long-Term Illness Leave”. Long-Term Illness Leave will allow an employee who is suffering a serious medical condition, and who has been continuously employed for at least 13 weeks, to have up to 27 weeks of unpaid leave. Specific requirements must be met to request this leave, and under certain conditions, it may be extended.
- Information for New Hires: Amendments to the ESA will require employers with 25 or more employees to provide certain information to new employees who commence their employment after July 1, 2025. This information includes complete contact information for the employer, expected work location and hours, compensation details, the pay period and pay day, and the legal name and operating/business name of the employer.
Changes In Effect in 2026
There are several new rules surrounding the hiring process that will take effect on January 1, 2026, which will impact job postings, job requirements, and job interviews.
- Job Posting and Application Forms: Employers with 25 or more employees will have to follow new regulations with respect to their job postings and employment application forms. These new rules will require salary transparency, meaning these employers must disclose the expected salary of a position if the compensation is below $200,000 a year. The salary can be expressed as a range, provided it does not exceed a $50,000 spread.
- Use of Artificial Intelligence: As part of the new rules, under certain conditions, employers will be required to disclose if they are using Artificial Intelligence to screen or assess job applicants. Employers will also be required to disclose if they are posting for a position that has an existing vacancy.
- Prohibition on Requirements for Canadian Experience: Job postings and related applications will be prohibited from requiring Canadian job experience.
- Record Retention for Job Postings and Applications: Where employers have posted publicly available job postings, they will be required to retain a copy of the job postings and related application forms, as well as any information they provided to candidates. These records must be preserved for a period of three years.
- Informing Interviewees of a Hiring Decision: Employers who are interviewing candidates for a publicly available job position will now be required under the ESA, within 45 days of the last interview, to inform candidates on whether they made a hiring decision.
Take Aways for Employers
Employers should be mindful of these legislative changes to ensure they are acting in compliance with those changes, so as to not be subject to any increased fines from the Ministry of Labour.
As with any legislative changes, important details, exceptions, and nuances will apply. As such, it is best to consult an employment lawyer to determine how these legislative changes may impact you.
DISCLAIMER: This article is for general information purposes only and is not (and should not be construed as) legal advice. The information contained herein summarizes only certain aspects of the subject matter and is not a comprehensive review of applicable law. All of the foregoing is subject to legal and accounting advice based on the particular circumstances of each potential client.
About the author
Shannon Sweeney is an associate in the litigation group at S
oloway Wright LLP. Her practice focuses on commercial litigation as well as labour and employment law.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.