THE EMPLOYERS' EDGE
Key Legislative Changes Coming into Force in 2025 and 2026
Here ye, here ye! Important legislative changes are on the horizon, and it’s time for employers to prepare for what lies ahead.
In 2024, the Working for Workers Four Act, the Working for Workers Five Act, and the Working for Workers Six Act all received Royal Assent in Ontario. These acts introduced amendments to the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”), and the Workplace Safety and Insurance Act, 1997 (the “WSIA”), among other pieces of legislation.
When these amendments received Royal Assent, many of their implementation dates were yet to be announced. Those dates have now been proclaimed, and several changes have already come into effect.
The following changes scheduled to take effect in 2025 and 2026 are important for employers to note.
Changes to the Employment Standards Act, 2000 (ESA)
- Long-Term Illness Leave – Effective June 19, 2025
- The ESA will include a new Long-Term Illness Leave allowing eligible employees to take up to 27 weeks of unpaid leave for a serious medical condition.
- An employee must provide a qualified medical practitioner’s note confirming they have a serious medical condition and the expected time period the employee will be off work.
- Employment Information on Hiring – Effective July 1, 2025
- Employers must provide employees with the following information to newly hired employees:
- The legal name of the employer;
- Contact information for the employer;
- A general description of where it is anticipated that the employee will initially perform work;
- The employee’s starting hourly wage or other wage rate or commission
- The pay period and pay day; and
- A general description of the employee’s initial anticipated hours of work.
- Public Job-Posting Transparency for Employers with 25+ Employees – Effective January 1, 2026
- An employer must include information about the expected compensation or the range of expected compensation for the position.
- An employer must not include any requirements related to Canadian experience in the posting or application form.
- An employer who uses artificial intelligence to screen, assess or select applicants for the position must include a statement in the posting disclosing the use of AI.
- The job posting must state whether or not it is for an existing vacancy.
- Within 45 days of the date of the last interview, employers must inform the employee of whether a hiring decision has been made in respect of the job posting.
- An employer must retain job postings and any associated application forms, as well as the information provided to applicants after an interview, for three years.
Changes to the Occupational Health and Safety Act (OHSA)
- Washroom Sanitation Standards – Effective July 1, 2025
- A constructor or employer is required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition, with documented cleaning schedules.
- Washroom Sanitation Records – Effective January 1, 2026
- Cleaning records must be maintained that document the date and time of the two most recent cleanings for each washroom facility.
- These records may either be (1) physically posted in a conspicuous location near the washroom facilities, or (2) made available electronically, provided workers receive clear instructions on how and where to access this information.
Reach out to our team at CCPartners for any questions or guidance on implementing these amendments!
Click HERE to access CCPartners' “Lawyers for Employers” podcasts on important workplace issues and developments in labour and employment law.