On the heels of British Columbia’s new requirements to post salary information discussed in our previous blog post. The Ontario government is set to introduce new legislation that would compel employers to list expected salary ranges on job advertisements. According to the Government, this move aims to provide job seekers with better insights during their job hunt.
New Salary Disclosure Obligations
The details are not yet available, and there is expectation that legislation will be introduced by mid-to-late November 2023 which will provide additional information. It is likely that the legislation will apply to jobs below a certain salary threshold. Currently, the Government estimates that around 37% of all postings in Ontario mention salary details. The expectation is that the law will work in a similar manner to the British Columbia Law, namely requiring salary ranges on job postings, but there may be exceptions based on salary amount, business size, etc. These items will be clearer once legislation is introduced.
AI Hiring Disclosure
Given the increased use of AI tools by businesses, which collect extensive personal data and play a role in employment decisions, Ontario plans to introduce a requirement for employers to inform candidates about the use of AI in hiring. This will set a precedent in Canada by making Ontario the first province mandating companies to disclose the use of artificial intelligence (AI) in their recruitment processes.
According to statistics from February 2023, around seven percent of Ontario businesses intent do adopt AI in some form by 2024. This means this is a significant area of growth that the government may closely monitor over the coming months.
One primary concern identified with respect to AI use in hiring is privacy. AI tools can gather significant amounts of information about identified individuals, a huge step above human-centered hiring practices. As a result, a significant impact to privacy of job seekers could be the result. In addition, there are concerns that implicit biases and other issues identified with AI-related tools could be exacerbated by the software; the Minister of Labour, David Piccini, had the following to say:
“AI systems are able to tell age, sex, race, religion, political affiliation and can even evaluate your social media accounts to see if someone’s personal traits would be a good fit for a company’s culture. Moreover, experts have very legitimate concerns over data collection and personal privacy.”
Non-Disclosure Review
Additionally, the Government is reviewing non-disclosure agreements surrounding workplace harassment or violence. According to the Ministry of Labour, 70% of workers report workplace harassment or violence—figures that rise among women and gender-diverse workers—the government intends to consult on ceasing the use of Non-Disclosure Agreements (NDAs) in settlements related to workplace sexual harassment, misconduct, or violence.
The Minister of Labour had the following to say on this point: “The consultations will identify legislative options to restrict the use of NDAs while protecting the rights of victims and survivors. It’s past time we end a practice that allows businesses to shelter the behaviour of some of the worst members of our communities.”
Additional Amendments
Additional proposed amendments include clarifying vacation pay provisions to ensure employees agree in writing if vacation pay is not provided as a lump sum before taking their vacation.
Once details are available more information will follow.
If you need assistance with a job posting or legal advice in Ontario or anywhere in Canada, or employment law support, or human resources, please do not hesitate to contact Bridge Legal and HR Solutions at (647) 794-5442 or admin@bridgelegalhr.ca.
