Ontario recently introduced new regulations under the Ontario Employment Standards Act, 2000 (the “ESA”) that will have a significant impact on the hiring process for Ontario employers.
As we reported earlier this year, the Working for Workers Four Act and the Working for Workers Five Act, established and expanded on the anticipated provisions related to publicly advertised job postings, including the prohibition on having a “Canadian experience” requirement. Please see our earlier Employment Updates here and here. On November 29, 2024, these Acts were proclaimed, and the amendments will be effective starting January 1, 2026.
In addition, a new regulation that was prescribed under the original Working for Workers Act, 2023 (reported on by us here) will require employers to provide newly-hired employees with certain information starting July 1, 2025.
We highlight the scope and timing of the obligations regarding job postings, interviews and employee information as prescribed by the new regulations below. The full text of the new regulations can be found here and here.