Recent legislative changes in Ontario, Canada, have introduced new legal requirements that Ontario employers should be aware of and begin adapting to their compliance policies. Some of these regulations have already taken place or will go into force on different dates over the next two years. We have highlighted five of the new requirements in this blog.
- Medical Certifications: As of October 28, 2024, employers are prohibited from asking employees to provide a medical certificate from a qualified health care practitioner (e.g., a doctor’s note) as evidence supporting an employee’s entitlement to three days of unpaid sick leave under section 50 of the Employment Standards Act (ESA). Employers retain the right to require employees to produce documentation and/or information to support their entitlement to sick leave if it is not a medical certificate. The maximum fine for an individual violating the ESA or for failing to comply with an order, directive, or other ESA requirement has doubled from $50,000 to $100,000.
- Long-Term Illness Leave: Employees experiencing serious medical conditions will be able to take up to 27 weeks of unpaid Long-Term Illness Leave with proper medical certification beginning June 19, 2025. If a medical certificate sets out a disability period of fewer than 27 weeks (about six months), however, the employee will be entitled to take leave only for the number of weeks indicated on the certificate. Eligibility for long-term illness leave requires 13 consecutive weeks of employment with the same employer.
- Employee Information: Starting July 1, 2025, employers with 25 or more employees will have to provide employees with certain information before or soon after the employee begins their employment. This information includes the employer’s legal name and its business or operating name, and complete contact information. Employers will also have to provide information about where the employee will first work, their expected work hours, their initial compensation, and their pay day and pay period.
- Job Posting Requirements: Effective January 1, 2026, Ontario employers with 25 or more employees must disclose in publicly advertised job postings all expected compensation (e.g., salary, commissions, bonuses) or the range of expected compensation. Any posted compensation range must not exceed an amount equivalent to $50,000. Nevertheless, compensation information need not be provided for a position with an expected compensation equivalent to or more than $200,000 annually. Job postings also cannot require Canadian work experience. Additionally, if an employer who publicly advertises a job posting uses artificial intelligence (AI) to screen, assess, or select applicants, the employer must include a statement in the posting disclosing the use of AI for these reasons. Finally, employers must retain copies of publicly advertised job postings and any related application forms for three years after public access to the posting ends.
- Placement of Child Leave: A new leave, Placement of Child Leave, will allow employees who have been employed by an employer for at least 13 consecutive weeks to use up to 16 weeks (about three months) of unpaid leave if they are taking a child into their custody, care, and control through adoption or surrogacy. An employer may require employees who take this leave to provide reasonable evidence of their entitlement to the leave. Placement of Child Leave will come into force on a date to be set.
As Ontario continues to update legislative regulations, employers must take proactive steps to align their operations with the new legal standards. Implementing comprehensive workforce solutions like workforce compliance software and employee management software can define processes to help update employee guides and forms, and train relevant staff when new regulations are passed. It is important for Ontario employers to review and update their employee handbook and policies to cover new requirements. Human Resource staff and other key personnel should be trained in these areas to ensure compliance with the new laws listed above. Also, update your document retention practices to include publicly advertised job postings, related application forms, and information provided to applicants. Remember, this is a period of rapid change in Ontario requiring employers to be alert for other employment law changes taking place in the province.
Explore our compliance navigator series to stay knowledgeable about past and upcoming North American Regulation Changes.
