Act
Proposed amendments to the Employment Standards Act, 2000 (ESA), if Bill 190, the Working for Workers Five Act, 2024, passes
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Employment Standards Act, 2000 (ESA)
Summary of Proposal:
Bill 190 would make various changes to the Employment Standards Act, 2000 (ESA) related to improving transparency in job postings and the interview/hiring process, reducing the burden on employees regarding sick notes, and increasing fines and penalties to deter non-compliance.
The proposed amendments would, if passed:
• Require employers to disclose in a publicly advertised job posting whether the posting is for an existing vacancy or not. The proposal includes the ability to prescribe other information that would be required in publicly advertised job postings.
• Require employers to respond to job applicants that they interviewed for publicly advertised job postings within a prescribed period of time. Employers would be required retain records of the information provided to interviewees for three years.
• Regulation-making ability is proposed to prescribe the information and the manner in which that information is to be provided to interviewees and to define interview.
• Prohibit an employer from requiring an employee to provide a sick note from a qualified health practitioner to show evidence of entitlement to ESA's sick leave. Employers would retain the ability to require evidence reasonable in the circumstances, but not a sick note from a qualified health practitioner.
• Increase the maximum legislated fine amounts for individuals convicted of an offence from $50,000 to $100,000.
In addition to these proposed legislative amendments to the ESA, O. Reg. 289/01 is amended to increase the AMP amount for the third or subsequent violation in a three-year period from $1,000 to $5,000 for specific contraventions (including for contraventions that include the multiplier per employee affected).
The proposed amendments would, if passed:
• Require employers to disclose in a publicly advertised job posting whether the posting is for an existing vacancy or not. The proposal includes the ability to prescribe other information that would be required in publicly advertised job postings.
• Require employers to respond to job applicants that they interviewed for publicly advertised job postings within a prescribed period of time. Employers would be required retain records of the information provided to interviewees for three years.
• Regulation-making ability is proposed to prescribe the information and the manner in which that information is to be provided to interviewees and to define interview.
• Prohibit an employer from requiring an employee to provide a sick note from a qualified health practitioner to show evidence of entitlement to ESA's sick leave. Employers would retain the ability to require evidence reasonable in the circumstances, but not a sick note from a qualified health practitioner.
• Increase the maximum legislated fine amounts for individuals convicted of an offence from $50,000 to $100,000.
In addition to these proposed legislative amendments to the ESA, O. Reg. 289/01 is amended to increase the AMP amount for the third or subsequent violation in a three-year period from $1,000 to $5,000 for specific contraventions (including for contraventions that include the multiplier per employee affected).
Analysis of Regulatory Impact:
Proposed amendments re: publicly advertised job postings
• Job-seekers would benefit from these proposals because it would give them certainty about whether a vacancy exists or not, helping them make an informed decision on whether to apply. Also, requiring employers to provide interviewees with a response after an interview, provides certainty to applicants about the status of the position that they interviewed for.
Proposed amendments re: sick notes
• The proposed amendments would put patients before paperwork by allowing ill employees to stay home and limit unnecessary trips to medical professionals, while reducing administrative and financial burden on the health care system.
• The compliance costs for business would be minimal and would be limited to learning about the new prohibition for sick leave.
Proposed amendments re: increase ESA fines
• The proposed amendments are expected to act as a strong deterrent for non-compliance with respect to employee rights under the ESA.
• There are no costs associated with the proposal for compliant employers.
Amendment re: increase AMP amounts in O. Reg 289/01
• The amendment is expected to act as a strong deterrent against non-compliant employers and deter further non-compliance by employers who are repeat violators.
• There are no costs associated with the proposal for compliant employers.
• Job-seekers would benefit from these proposals because it would give them certainty about whether a vacancy exists or not, helping them make an informed decision on whether to apply. Also, requiring employers to provide interviewees with a response after an interview, provides certainty to applicants about the status of the position that they interviewed for.
Proposed amendments re: sick notes
• The proposed amendments would put patients before paperwork by allowing ill employees to stay home and limit unnecessary trips to medical professionals, while reducing administrative and financial burden on the health care system.
• The compliance costs for business would be minimal and would be limited to learning about the new prohibition for sick leave.
Proposed amendments re: increase ESA fines
• The proposed amendments are expected to act as a strong deterrent for non-compliance with respect to employee rights under the ESA.
• There are no costs associated with the proposal for compliant employers.
Amendment re: increase AMP amounts in O. Reg 289/01
• The amendment is expected to act as a strong deterrent against non-compliant employers and deter further non-compliance by employers who are repeat violators.
• There are no costs associated with the proposal for compliant employers.
Further Information:
Bill 190, Working for Workers Five Act, 2024
Proposal Number:
24-MLITSD007
Posting Date:
May 9, 2024
Comments Due Date:
June 10, 2024
Contact Address:
Employment, Labour, and Corporate Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 15th Floor
Toronto ON M7A 1T7
Ministry of Labour, Training and Skills Development
400 University Avenue, 15th Floor
Toronto ON M7A 1T7