The Ontario Government has announced its intention to introduce legislation to increase fines under the Ontario Employment Standards Act in the near future. This comes on the heels of several other legislative changes to the ESA, the most recent of which was the Working for Workers Four Act, 2023 which we covered in our blog post here.
While such legislation has not yet been introduced by the Government, according to the recent announcement the new legislation will double the possible fine payable on a conviction of violating the ESA from $50,000.00 to $100,000.00. In addition, the administrative penalties for repeat violations of the ESA will be increased from $1,000.00 to $5,000.00 per violation in cases where three or more violations of the ESA occurred.
The ESA contains numerous employment standards, and some details were set out in our recent blog post on governance of workplace relationships. For example: employers who pay below the minimum wage, who do not provide adequate vacation, prevent employees from taking leaves, or who terminate employees with less than the required notice, may be subject to stricter penalties under the new proposal.
In addition, according to the Ontario Government, the latest legislation will also require “larger employers” to disclose whether a job vacancy exists in public job postings. There will also be a requirement that employers respond to job applicants whom they have interviewed in response to a public job posting. The Government has noted that it will consult industry on deciding what constitutes a “larger employer”.
Finally, the Government noted that additional measures will be forthcoming in the legislation that will be unveiled in the coming weeks. Employers in Ontario should keep an eye our for additional details which may include changes beyond the changes noted above.
As of the date of this blog post, the Ontario Government has not yet published legislation with the details, but we will provide an update as soon as more details are available.
At Bridge Legal & HR Solutions we can help you untangle and understand the web of obligations that applies to your employment relationships. To find out how we can help, contact us through our contact form or call us at 647-794-5442.
