We previously discussed the proposed changes the Employment Standards Act, 2000 in our April blog post. Since that post, the legislation has been introduced and is moving speedily toward enactment at the Ontario Legislature. As of the date of this writing, Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026, has been referred to committee following a successful second reading vote. Among other items contained in Bill 105 are amendments to the Employment Standards Act, 2000 relating to employee uniforms.
The current state of the law in Ontario is that employers can require an employee to pay for a uniform, or to deduct the cost of a uniform, provided that the employee signs a written authorization permitting the deduction and setting out the amount of the deduction. Employers in Ontario sometimes insert this into an employment agreement, or otherwise require a separate form signed by the employee relating to a deduction. In some cases, a deduction for the costs of a uniform is a precondition to employment, and an employer may refuse to hire an employee who objects to a deduction for a uniform.
While not typical in every sector, requirements for uniforms are most apparent in the food service, liquor service, and retail industries.
According to Bill 105, the new rules will not permit employers to “directly or indirectly” require an employee to pay for a uniform or “other prescribed item” except in certain circumstances. The exceptions are cases where the employee loses the uniform, where the employee damages the uniform in a manner exceeding normal wear and tear, where the employer and employee agree that the employee must return the uniform at the end of employment and the employee fails or do so, or in other circumstances as may be prescribed. As the legislation is still under consideration, there are currently no prescriptions or regulations, but additional clarity is expected after Bill 105 is enacted.
Under the new rules, employers will also not be permitted to charge employees for laundering the uniform except in cases where there is wear and tear beyond normal wear and tear, or as may be regulated by the government later down the line.
Additional regulations are expected once the legislation received royal assent. We will provide an update on this as soon as we receive more information.
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.
