NEWS OF THE MONTH
Ontario Employers: New Job Posting Requirements Come into Force January 1, 2026
On 2 December 2024, Ontario announced the effective dates and supporting regulations for the new pay transparency and job posting requirements introduced by Bill 149 and Bill 190 earlier this year.
Starting January 1, 2026, employers in Ontario will face new obligations under the Employment Standards Act (ESA) for publicly advertised job postings and related recordkeeping. Key updates include:
Job Posting Requirements
- Compensation Disclosure: Employers must list expected compensation or a range (capped at $50,000 increments). This doesn’t apply to roles with annual pay exceeding $200,000.
- AI Usage Disclosure: Employers must state if artificial intelligence is used to screen or assess candidates.
- Canadian Experience Prohibition: Postings cannot require applicants to have Canadian experience.
- Vacancy Statement: Employers must disclose if the posting is for an existing vacancy.
Applicant Communication
- Employers must inform interviewed candidates of hiring decisions within 45 days of the final interview, using in-person, written, or digital methods.
Recordkeeping Obligations
- Employers must retain job postings, application forms, and candidate communication records for three years after the job posting is removed or information is provided.
Applicability
- These requirements apply only to employers with 25 or more employees at the time of the job posting.
Next Steps for Employers
Employers should review and update hiring policies, job posting templates, and recordkeeping practices to ensure compliance with the new regulations by January 2026.
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Federal News
College Aviation Centre Not Subject to Federal Labour Law, Court Rules
Confederation College’s Aviation Centre of Excellence (ACE), located at Thunder Bay Airport, will continue to operate under Ontario’s labour legislation following a Federal Court ruling. The court overturned a previous determination by a federal health and safety officer that the centre fell under the Canada Labour Code. Federal Court judge Anne Turley ruled the officer erred in separating ACE’s activities into “education” and “aircraft operation.”
The ruling clarifies jurisdictional boundaries for educational institutions using federally regulated tools like aircraft. While the Canada Labour Code governs federally regulated workplaces, Ontario’s Employment Standards Act will continue to apply to ACE, including its collective bargaining and workplace standards.
This decision reaffirms that the educational purpose of tools like aircraft does not change the nature of an institution’s operations.
PROVINCIAL NEWS
Ontario
Ontario Court Finds Termination Provisions Unenforceable and Awards Employee Punitive Damages
In a recent Ontario case, the court found the termination provisions in an employee’s agreement unenforceable, as they violated the Employment Standards Act (ESA). The case, Wilds v. 1959612 Ontario Inc., highlighted that termination provisions must strictly comply with the ESA’s minimum standards, be unambiguous, and clearly outline all entitlements upon termination. The court awarded the employee $10,000 in punitive damages, finding the employer’s conduct reprehensible. This decision reinforces the need for employers to ensure that termination clauses are clear, compliant with the ESA, and free of ambiguity. To read more about this important ruling, click here.
Ontario
Employment Information Disclosure Requirement for Hiring – Effective July 1, 2025
Starting July 1, 2025, a new regulation under Ontario’s Employment Standards Act, 2000 (ESA) will require employers to provide specific employment information to newly hired employees in writing. This is pursuant to Section 141(1) of the ESA, as amended by the Workers for Workers Act, 2023.
Employers must deliver the following information before the employee’s first day of work or as soon as reasonably possible thereafter:
- Employer Details
- Legal name of the employer.
- Any operating or business name if different from the legal name.
- Contact Information
- Address, telephone number, and at least one contact name.
- Work Location
- A general description of the anticipated initial work location.
- Compensation
- Starting hourly wage, wage rate, or commission details.
- Pay Schedule
- Pay period and pay day.
- Work Hours
- A general description of the anticipated initial hours of work.
Alberta
Alberta Introduces Amendments to Employment Standards Code to Protect Tips and Gratuities Earned by Employees
The Alberta Government has introduced Bill 210, the Employment Standards (Protecting Workers’ Tips) Amendment Act, 2024, which received its first reading on December 4, 2024. The proposed amendments aim to safeguard employees who receive tips and gratuities as part of their work.
Key amendments include:
- Ownership of Tips: Tips and gratuities will be the sole property of the employee.
- Employer Restrictions: Employers will be prohibited from:
- Treating tips as part of an employee’s wages.
- Withholding or deducting any amount from tips.
- Requiring employees to give part of their tips to the employer.
- Enforcement: Employers who violate these rules could face complaints, with unlawfully withheld or deducted tips treated as earnings.
- Tip Pooling: Employees can voluntarily agree to pool their tips, with terms clearly outlined in a written agreement.
Employer Participation in Tip Pooling: Employers may only be involved in tip pooling if all employees agree and if the employer performs similar work to those involved in the agreement.
Bill 210 defines tips and gratuities broadly, including customer-provided payments for services, service charges, and any other payments designated as tips.
Employers should review their contracts and policies to ensure compliance with these proposed changes.
Saskatchewan
Saskatchewan Introduces Employment Act Amendments
The government of Saskatchewan has introduced amendments to The Saskatchewan Employment Act and The Workers’ Compensation Act to reduce administrative burdens for employers while enhancing employee protections. These updates reflect input from stakeholders, including employers and unions, said Labour Relations and Workplace Safety Minister Jim Reiter.
Key Changes:
- Overtime Flexibility: Employers can define a workday for overtime purposes as either a calendar day or 24 consecutive hours, aligning with Alberta and Manitoba.
- Protection of Tips: Employers would be prohibited from withholding tips, ensuring employee earnings are safeguarded.
- Group Termination Notice: The notice threshold for terminating multiple employees will increase from 10 to 25, reducing administrative complexity.
- Discrimination Protections: The Director of Employment Standards can now reinstate employees or award compensation in cases of discriminatory employer actions, expediting resolution processes.
- Expanded Leave: Updates to sick leave, maternity leave, interpersonal violence leave, and bereavement leave.
- Sick Notes: Employers can request sick notes only after extended or repeated absences.
Newfoundland and Labrador
Newfoundland and Labrador Changing Labour Laws for Potential Return of Elite Hockey
Newfoundland and Labrador is updating its Labour Standards Act regulations to align with other provinces in response to the ongoing class-action lawsuit involving major junior hockey in Canada. The change, approved by the provincial cabinet, exempts players in the Quebec Major Junior Hockey League (QMJHL) from the employer-employee relationship.
This amendment follows a $30-million class-action lawsuit settlement pending against the Canadian Hockey League (CHL), where players argued they should receive a minimum wage and other benefits, as they were effectively employees of the teams. The CHL, however, maintained that the relationship was one of development and guidance, not employment.
These changes signal the province’s preparation for the possible return of elite-level hockey to Newfoundland and Labrador.
Minimum Wage in Canada by
Province/Territory (2024)
British Columbia: $17.40 per hour, which has been in effect since June 1, 2024. For live-in camp leaders, the daily rate for each day or part day worked is $133.69. For live-in home support workers, the current daily rate is $124.73 per day or part day worked. The minimum wage for resident caretakers is a monthly wage based on the number of suites in the building: $1002.53 per month plus $40.17 for each suite for a building with 9 to 60 residential suites / $3414.85 per month for a building with 61 or more residential suites. Gig workers using app-based services will earn a minimum wage of $20.88 per hour starting September 3, 2024.
Federal Minimum Wage: $17.30 per hour, which has been in effect since April 1, 2024.
Manitoba: $15.80 per hour, which has been in effect since Oct. 1, 2024.
New Brunswick: $15.30 per hour, which has been in effect since April 1, 2024.
Newfoundland and Labrador: $15.60 per hour, which has been in effect since April 1, 2024.
Northwest Territories: $16.70 per hour, which has been in effect since Sep. 1, 2024.
Nova Scotia: $15.20 per hour, which has been in effect since April 1, 2024.
Nunavut: $19 per hour, which has been in effect since January 1, 2024.
Ontario: $17.20, which has been in effect since October 1, 2024. The special minimum wage rates are as follows:
- $16.20 per hour for students under the age of 18 who work 28 hours a week or less when school is in session or work during a school break or summer holidays.
- $18.90 per hour for homeworkers (those who do paid work out of their own homes for employers).
- Hunting, fishing, and wilderness guides earn $86 per day when working less than five consecutive hours in a day and $172.05 per day when working five or more hours in a day.
Prince Edward Island: $16 per hour, which has been in effect since October 1, 2024.
Quebec: $15.75 per hour, which has been in effect since May 1, 2024.
Saskatchewan: $15 per hour, which has been in effect since October 1, 2024.
Yukon: $17.59 per hour, which has been in effect since April 1, 2024.
Plan Ahead with Confidence:
Holiday List 2025
We get it—keeping track of statutory holidays can be a bit of a headache when you’re juggling everything else. To make things easier, we’ve put together a complete list of next year’s holidays for you.
Case Study: Fiduciary Duty and Employee Exit – Imperial Printing vs. Former Employee
When a long-time employee left for a competitor and allegedly solicited clients, the company’s legal action was unsuccessful. This case underscores the need for employers to establish and document clear terms, such as non-compete and non-solicitation clauses, to protect their business and avoid costly legal battles. Read the complete case study below.
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Words from our Happy Clients
Client Spotlight: Sawmill Golf Course
We’re excited to feature a testimonial video from the Sawmill Golf Course this month. Hear directly from them about how our HR solutions have helped them navigate challenges and achieve success.
