Recent Statutory Amendments
2025 Amendments to the Employment Standards Act, 2000 (ESA)
Long-Term Illness Leave: Effective June 19, 2025, eligible employees, those employed for at least thirteen consecutive weeks, are entitled to up to 27 weeks of unpaid leave in a 52-week period due to a serious medical condition certified by a qualified health practitioner.
New Rules Regarding Employment Information: Beginning July 1, 2025, employers with twenty-five or more employees must provide new employees with specified information in writing before their first day, including the employer's legal name, contact information, a workplace deion, their starting wage, the pay period, and anticipated hours.
Job Seeking Leave: Effective November 27, 2025, a job seeking leave is available when a group termination occurs (i.e., 50 or more employees at the same establishment receive working notice within a four‑week period). This entitles each affected employee to up to three unpaid days during the notice period to: search for new work, attend interviews, or undertake training. Employees should give at least three days’ notice where practicable, and employers may request evidence that is reasonable in the circumstances.
Extended Temporary Lay-off: As of November 27, 2025, the temporary lay-off period may be extended for non-unionized employers and employees beyond the usual 35 weeks in 52-week period, up to 52 weeks in a 78‑week period, if: (i) there is mutual agreement (in writing), (ii) the arrangement is approved by the Director of Employment Standards, and (iii) the agreement sets out recall details. Once agreed, employees cannot unilaterally withdraw consent.
Requirements for Publicly Advertised Job Postings: As of January 1, 2026, employers with twenty-five or more employees must include in public job postings: expected compensation (limited to a $50,000 range, and not applicable to roles with compensation over $200,000); disclosure of artificial intelligence use in hiring; and an indication as to whether the posting relates to an existing vacancy.
Employers are prohibited from referencing Canadian experience as a requirement in job postings, and they must inform interviewed applicants within forty-five days whether a hiring decision has been made. Contravention may result in fines of up to $100,000 for individuals and $500,000 for repeat offenders.
Forthcoming Changes—Placement of a Child Leave: This leave will provide up to sixteen weeks of unpaid leave for adoption or surrogacy. This leave has not yet come into force.
Amendments to the Occupational Health and Safety Act, 1990 (OHSA)
Recognized safety management systems: Accredited health and safety management systems are now recognized under OHSA as equivalents, supporting employers that already operate robust, accredited programs.
Defibrillators (AEDs) and reimbursement: The WSIB may reimburse certain employers for AED costs. For construction projects with 20+ workers and a projected duration over three months, an on‑site AED is required. It must be clearly marked, accessible to all workers, and a trained worker must be present whenever work is underway. Post signage showing a heart and lightning bolt and the words “Automated External Defibrillator” or “AED” in English or French.