Special thanks to our articling student Mario Lofranco for contributing to this update.
In a previous blog post, we discussed the proposed changes that Bill 149 would bring to several employment statutes, building on the Working for Workers Acts, 2021, 2022, and 2023.
Bill 149 received royal assent on March 21, 2024, passing key changes to the Ontario Employment Standards Act, 2000, the Digital Platform Workers’ Rights Act, 2022, the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, and the Workplace Safety and Insurance Act, 1997.
Key Changes
- Job Postings: Ontario employers will be required to include information about the expected compensation or the range of expected compensation for a position in their publicly advertised job postings. Employers will also be required to disclose in job postings whether they used AI in the hiring process (i.e., if AI was used to screen, assess or select applicants for the position). We expect these requirements to be further clarified in future regulations, including as it relates to the definition of “artificial intelligence” and potential exemptions to these disclosure requirements. These changes will come into force on a date to be named by future proclamation.
- Canadian Experience Class: Employers will be prohibited from including in job postings or any associated application form any requirements related to Canadian experience. As with above-noted changes, exemptions may be outlined in regulations and the requirement will take effect on a date to be specified by future proclamation.
- Tips and Tip Policies: As of June 21, 2024, employers with policies on tip-sharing will be required to post them in a conspicuous location at the workplace and to comply with prescribed methods regarding the payment of tips to employees.
- Deductions: TheESA now expressly prohibits employers from making deductions from an employee’s wages where a customer of a restaurant, gas station or other establishment leaves the establishment without paying for the goods or services. This provision entered into force on March 21, 2024.
- DPWRA Amendments: The Ontario government will be able to prescribe rules for determining compliance with minimum wage requirements and limitations on recurring pay periods and pay days for digital platform workers covered by the DPWRA. This provision will enter into force at a later date, once the other minimum wage provisions of the DPWRA come into force.
Takeaways for Employers
Ontario employers should review their current practices to ensure compliance with these amendments. In particular, employers should prepare to revise their publicly-available job postings in light of Bill 149’s upcoming disclosure requirements as it relates to pay information and the use of AI in their hiring process. We will continue to monitor legislative developments related to Bill 149, including the publication of relevant regulations. Please contact a member of our team for more information on these issues.