Although it may feel like the new year has just begun, we are now firmly into the month of February. Before the rest of the winter flies by, we thought we would take this opportunity to review the changes that have been made to the Employment Standards Act, 2000 (the “ESA”) and to related regulations over the last year, as well as to look forward to upcoming changes that employers should keep an eye out for in 2026.
Overview of Recent Changes
The below chart provides an overview of recent changes that are already in effect:
| Nature of Change(s) | Effective Date | Description of Change(s) | Notes |
| New rules and requirements related to “publicly advertised job postings” | January 1, 2026 | Under the ESA, a publicly advertised job posting means an “external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner”. Exceptions include: – General recruitment campaigns or help wanted signs that do not advertise for a specific position – Postings for positions that are restricted to existing employees only, and – Postings for positions for which work is to be performed outside Ontario, or performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of the work performed in Ontario. *** 1. Requirement to disclose expected compensation or range of expected compensation in publicly advertised job postings: -In the case of a range of expected compensation, the range is limited to an amount equivalent to no more than $50,000 annually. -This requirement does not apply if the expected compensation is equivalent to more than $200,000 annually, or the range of expected compensation ends at an amount equivalent to more than $200,000 annually. 2. Requirement to disclose the use of A.I. during the hiring process: – Where artificial intelligence is used to screen, assess or select applicants for a position, publicly advertised job postings must include a statement disclosing that fact. 3. Requirement to disclose vacancy status: – Publicly advertised job postings must include a statement confirming whether they are for an existing vacancy or not. 4. Prohibition on including any requirements related to Canadian experience: – Requirements related to Canadian experience are prohibited in publicly advertised job postings, as well as in any related application forms. 5. Requirement to provide information to applicants after interview: – Where applicants are interviewed for a publicly advertised job posting, the prospective employer must inform them about whether a hiring decision has been made for that posting within 45 days after the date of the interview (or after the date of the last interview, if there are multiple interviews). – The information can be provided in person, in writing or electronically. 6. Record-keeping obligations: – Employers must keep a copy of all publicly advertised job postings, as well as of any related application forms, for three (3) years after access to the posting by the general public is removed. – Employers must also keep a copy of the information provided to applicants interviewed for three (3) years after the day the information was provided. | – The new rules and requirements do not apply to employers with fewer than 25 employees on the date of the posting. – Beware, however, that any requirements related to Canadian experience in job postings or application forms continue to be problematic from a human rights perspective. |
| New requirements for job posting platforms | January 1, 2026 | Under the ESA, a job posting platform means an “online platform that displays publicly advertised job postings”. The definition does not, however, include an online platform operated by an employer that only advertises for positions with that employer. *** 1. Requirement to have a mechanism or procedure for reporting fraudulent publicly advertised job postings: – The mechanism or procedure must be displayed in a conspicuous place on the job posting platform, where users are likely to come across it. 2. Requirement to have a written policy on fraudulent publicly advertised job postings: – The policy must include information about how fraudulent publicly advertised job postings will be dealt with by the person(s) operating the job posting platform. – The policy must also be posted in at least one (1) conspicuous place on the platform. 3. Record-keeping obligations: – A person who operates a job posting platform must keep a copy of every required written policy for three (3) years after the policy stops being in effect. | — |
| Extended temporary layoffs for non-unionized employees | November 27, 2025 | In certain circumstances, non-unionized employees may be temporarily laid off for up to 35 or more weeks in any period of 52 consecutive weeks, as long as the layoff does not exceed 52 weeks in any period of 78 consecutive weeks. Extended temporary layoffs are only permitted, however, where there is a valid written agreement between the employer and the employee, as well as approval from the Director of Employment Standards. In order for an extended temporary layoff agreement to be valid, the employee must be provided with specified information before the agreement is made, including the latest date of intended recall and a warning that the agreement will be irrevocable. Employers must keep a copy of all extended temporary layoff agreement for three (3) years after the date the approval of the layoff expires. | The approval of the Director of Employment Standards must be requested using the approved form. |
| New job seeking leave | November 27, 2025 | An employee who receives a notice of mass termination under the ESA will, subject to limited exceptions, be entitled to take an unpaid leave of absence of up to three (3) days during the notice period. Job seeking leave may be used to engage in activities related to securing employment, including conducting job searches, participating in interviews or completing occupational training. Employers may require an employee who takes job seeking leave to provide evidence that is reasonable in the circumstances that the employee is entitled to the leave. Employers must keep a copy of specified records related to an employee taking job seeking leave, including all notices, certificates, correspondence and other documents, for three (3) years after the day on which the leave ended. | An employee will not be entitled to take job seeking leave if they are terminated with notice that is equivalent to 25% or less of the required notice period and they receive termination pay in lieu of the remaining notice period. |
| New requirement to provide information to new hires | July 1, 2025 | Employers must provide each new employee with the following information, in writing, before their first day of work or, if that is not practicable, as soon thereafter as reasonably possible: – The legal name of the employer and any operating or business name, if different than the legal name, – Contact information for the employer, including address, telephone number, and one or more contact names, – A general description of where it is anticipated the employee will initially work, – The employee’s starting hourly or other wage rate, or commission, as applicable, – The pay period and pay day, and – A general description of the employee’s initial anticipated hours of work. | – The new requirement does not apply where an employer has fewer than 25 employees on the employee’s first day of work. – The requirement also does not apply with respect to assignment employees employed by a temporary help agency. |
| New requirement to provide information in mass terminations | July 1, 2025 | Employers who provide employees with notice of mass termination under the ESA must include information about provincial employment services that are available to the affected employees | — |
| New long-term illness leave | June 19, 2025 | An employee who has been employed for at least 13 consecutive weeks will be entitled to take an unpaid leave of absence if both: – The employee will not be performing the duties of their position because of a serious medical condition (which may include a condition that is chronic or episodic), and – A qualified health practitioner issues a certificate stating that the employee has a serious medical condition and setting out the period where the employee will not be working as a result. Long-term illness leave may last up to 27 weeks within a 52-week period. If a certificate specifies a shorter period, however, the employee is only entitled to take leave for the number of weeks specified in the certificate. Employers must keep a copy of specified records related to an employee taking long-term illness leave, including all notices, certificates, correspondence and other documents, for three (3) years after the day on which the leave ended. | — |
What Should Employers Expect Next?
The above changes stem from the Ontario government’s Working for Workers legislative initiative. Each of the bills in this initiative – seven in total, since 2021 – has brought about important changes to employment-related statutes. One of these bills, the Working for Workers Six Act, 2024, includes amendments to the ESA that are not yet in effect:
| Nature of Change(s) | Effective Date | Description of Change(s) |
| New placement of a child leave (adoption or surrogacy) | On a day to be proclaimed by the Lieutenant Governor | An employee who has been employed for at least 13 consecutive weeks will be entitled to take an unpaid leave of absence because of either: – The placement of a child into the employee’s custody, care and control for the first time for the purposes of adoption, or – The arrival of a child into the employee’s custody, care and control for the first time where the person who gave birth to the child is a surrogate. Placement of a child leave may begin up to six (6) weeks before the expected date of placement, and last for up to 16 weeks. Employers may require an employee who takes placement of a child leave to provide evidence that is reasonable in the circumstances that the employee is entitled to the leave. Employers must keep a copy of specified records related to an employee taking placement of a child leave including all notices, certificates, correspondence and other documents, for three (3) years after the day of on which the leave ended. |
At this time, we do not yet know exactly when the new provisions on placement of a child leave will come into effect. We will continue to monitor the situation and plan to provide an update when available.
As for whether employers can expect to see any more Working for Workers bills with further changes to the ESA or other employment-related statutes in 2026, that remains to be seen.
In Our View
The ESA has been amended numerous times in recent years, and it can be challenging to stay on top of new and changing rules, requirements, obligations and rights. With rapid changes in technology and the economy as a whole, it is reasonable to expect that more changes are forthcoming. Indeed, between tariffs and related measures and AI, we are likely experiencing a period of change in the employment landscape that will prove to be considerably more pronounced than anything else in recent experience.
For more information or for assistance developing workplace policies and practices that are compliant with the ESA, please contact Kyle Shimon at (343) 996-4932 or Kassandra Tannouri at (613) 668-9792.