Do Ontario’s labour law changes affect your business?

Ontario’s labour legislation includes several new and previously shared rules that might impact your business.

NEW CHANGES

Long-term Illness Leave – effective June 19, 2025

An employee with at least 13 consecutive weeks of service with an employer will be eligible for a job-protected long-term illness leave of up to 27 weeks within a 52-week period. This leave aligns with federal Employment Insurance sickness benefits. To be eligible, the employee must be unable to perform the duties of their position due to a serious long-term illness and have a letter from a health practitioner attesting to that fact. 

Written Employment Information – effective July 1, 2025

Employers with 25 or more employees will be required to provide the following information in writing to new employees before their first day of work, or as soon as possible:

• The legal name of the employer, and operating or business name if it’s 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’s anticipated that the employee will initially work;
• The employee’s starting hourly or other wage rate or commission, as applicable;
• The pay period and pay day; and
• A general description of the employee’s initial anticipated hours of work.

Employers with fewer than 25 employees on the employee’s first day of work do not have to meet this requirement. It is also not required for assignment employees. 

Job Posting Requirements – effective January 1, 2026

These requirements do not apply to employers with fewer than 25 employees on the day the job is posted. 

In general, “publicly advertised job posting” means an external job posting for a specific position that an employer or a person acting on behalf of an employer advertises to the public in any manner. 

• Compensation: The expected salary or salary range must be included in the job posting if the expected salary is under $200,000 per year, or the expected salary range ends at an amount under $200,000 per year. The expected salary range cannot exceed $50,000.
• Use of Artificial Intelligence (AI): If AI will be used during the hiring process to screen, assess, or select applicants, this must be disclosed in the job posting.
• Canadian Experience: Requirements relating to Canadian experience cannot be included in the job posting or application form.
• Existing Job Vacancy: The job posting must indicate whether it is for an existing vacancy.
• Providing Information to Interviewed Applicants: Employers must notify interviewed applicants within 45 days of their interview whether a hiring decision has been made. The 45 days runs from the date of an applicant’s last interview, if they have more than one interview. Notification to interviewed applicants can be made in person, in writing, or using technology.
• Keeping Records: Employers must retain (or arrange for some other person to retain) copies of every posting and application form for three years after access to the posting is removed. 

PREVIOUSLY SHARED CHANGES

Sick Notes Policy – in effect since October 28, 2024

An employer cannot request a sick note from a physician, registered nurse, or psychologist; however, employers can request evidence that is reasonable in the circumstances from other health care professionals. 

More information: New Ontario sick notes policy 

Disconnecting from Work Policy – effective June 2, 2022

Employers of 25 or more Ontario employees must have a written policy on disconnecting from work   that is shared with all existing and new employees. Disconnecting from work is defined as “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.” To find out when to do your annual employee count and other information, visit our web post here.

Employee Electronic Monitoring Policy – effective April 11, 2022

Employers of 25 or more Ontario employees must have a written Employee Electronic Monitoring policy that is shared with all existing and new employees. Electronic monitoring includes all forms of employee monitoring that is done electronically during working hours. Examples include tracking employee movements through access cards and GPS devices on delivery vehicles, and tracking employee website visits, emails, and online chats. To find out when to do your annual employee count and other information, visit our web post here.

Non-Compete Agreements Banned – effective October 25, 2021

Ontario employers cannot include non-compete agreements in contracts for employees who are not “executives”. A non-compete agreement is defined as “an agreement, or any part of an agreement, between an employer and an employee that prohibits the employee from engaging in any business, work, occupation, profession, project or other activity that is in competition with the employer’s business after the employment relationship between the employee and the employer ends.” There is an exception if the non-compete is part of a sale or lease of a business or part of a business. This ban does not restrict an employer from using other contractual terms such as a non-solicitation, confidentiality, or non-disclosure clause or agreement.

Mandating access to washrooms – effective July 1, 2022

Business owners must allow access to on-site washrooms to workers who drop off and/or pick up items for delivery. There are some exceptions, including health and safety reasons or if the washroom is in/accessed through a private home.

For more information, please call 1-833-568-2342 to speak to a CFIB Business Advisor, or email hrnow@cfib.ca.