Changes to Employment Standards Act (ESA) Regulations

Good morning, We want you to be aware of some important changes regarding employment standards regulations in Ontario: 1. New rules about employment information 2. Rules and exemptions for job postings New rules about employment information A regulation (O. Reg. 285/01) under the Employment Standards Act (ESA) was amended to add a new requirement for certain employers to provide each new employee the following information, in writing: – legal name of the employer, as well as any operating or business name if different from the legal name – contact information for the employer, including address, telephone number and one or more contact names – a general description of where it is anticipated that the employee will initially perform work – the employee’s starting hourly or other wage rate or commission, as applicable – the pay period and pay day – a general description of the employee’s initial anticipated hours of work This information must be provided to the employee before the employee’s first day of work or, if that is not practicable, then as soon after that date as is reasonably possible. The requirement will not apply to an employer that employs less than 25 employees on the employee’s first day of work and will also not apply with respect to assignment employees. This will come into effect on July 1, 2025. Rules and exemptions for job postings Part III.1 of the ESA, which will regulate employers who advertise publicly advertised job postings, was enacted by the Working for Workers Four Act, 2024 and further amended by the Working for Workers Five Act, 2024. It includes: -The requirement to include in the posting information about the expected compensation or range of expected compensation for the position. – The requirement to disclose in the posting the use of artificial intelligence during the hiring process. -A prohibition against including in the posting or any associated application form any requirements related to Canadian experience. -The requirement to disclose in the posting if the posting is for an existing vacancy or not. – The requirement to provide prescribed information, within the prescribed time period, to every applicant interviewed for the posting. On November 29, 2024, a new regulation (O. Reg. 476/24) was made under the ESA that sets out rules and exemptions which apply to the requirements for publicly advertised job postings in Part III.1. Specifically, the regulation: Defines the following terms: – Artificial intelligence -Publicly advertised job posting -Compensation – Interview * Provides that an employer is not required to include the expected compensation for the position if it is equivalent to more than $200,000 per year. * Provides that an employer is not required to include the range of expected compensation for the position if the range ends at an amount equivalent to more than $200,000 per year. * Limits the range of expected compensation for the purpose of posting a range in a publicly advertised job posting to an amount equivalent to $50,000 per year. * Sets out requirements related to an employer’s obligation to provide information to an applicant interviewed for a publicly advertised job posting. Specifically, the employer must provide information about whether a hiring decision has been made for that posting. The information must be provided: – within 45 days after the date of the interview or, if the applicant is interviewed more than once, then within 45 days after the date of the last interview, and – in person, in writing or using technology. The requirements in Part III.1 of the ESA will not apply with respect to a publicly advertised job posting if the employer employs less than 25 employees on the day the publicly advertised job posting is posted. Part III.1 of the ESA and the related regulatory provisions will come into effect on January 1, 2026.   More information about the changes will be published in Your guide to the ESA. In the meantime, you can read more about the regulations here: O. Reg. 285/01 and O. Reg. 476/24. If you need help understanding your responsibilities and rights under the ESA, you can: Visit Your guide to the Employment Standards Act at Ontario.ca/ESAguide. Call the Employment Standards Information Centre at 1-800-531-5551 or TTY (for hearing impaired) at 1-866-567-8893. Information is available in many languages. To stay up-to-date on Ministry of Labour, Immigration, Training and Skills Development news, subscribe to our newsletter.   Thank you, Ministry of Labour, Immigration, Training and Skills Development  ______________________________________________________________