Ontario passed three separate "Working for Workers" Acts in 2024, amending the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Workplace Safety and Insurance Act. Bill 149 (Working for Workers Four Act, 2024) received Royal Assent March 21, 2024; Bill 190 (Working for Workers Five Act, 2024) on October 28, 2024; and Bill 229 (Working for Workers Six Act, 2024) on December 19, 2024. Together, they introduce new leaves, hiring transparency obligations, remote worker protections, and stronger penalties. As of April 2026, the majority of provisions are in force, including the significant job posting rules that took effect January 1, 2026.
This guide breaks down each Act, what changed, when it came into force, and what Ontario employers need to do.
What Is the Working for Workers Series?
Since 2021, the Ontario government has passed a series of "Working for Workers" Acts, each amending multiple employment and workplace statutes. Rather than making one large reform, the government has introduced annual bills that layer new employee protections and employer obligations on top of each other.
The three Acts passed in 2024, Bills 149, 190, and 229, are now fully in force (with limited exceptions still pending proclamation). Taken together, they represent some of the most significant changes to Ontario employment law in recent years.
Here is what each bill did and when the changes took effect.
Bill 149, Working for Workers Four Act, 2024 (Royal Assent: March 21, 2024)
Bill 149 amended the ESA in several practical areas affecting day-to-day employer operations. (Source: Working for Workers Four Act, 2024, SO 2024, c 3)
Trial Period Workers Are Now ESA Employees
Effective March 21, 2024, a person performing work during a "trial period" for an employer is considered an employee under the ESA, even if no job offer has been made. If the skills being assessed during the trial are skills used (or that could be used) by the employer's other employees, the trial worker has ESA protections.
In practical terms: if your restaurant asks a candidate to work a trial shift waiting tables, that person is an employee for ESA purposes. This means minimum wage, overtime, and other ESA entitlements apply.
Written Agreements Required for Vacation Pay
Effective June 21, 2024, employers who want to pay vacation pay on each regular paycheque (rather than separately before a vacation) must have a written agreement with the employee. Verbal agreements are no longer valid. The written agreement can be electronic.
Employees Choose Their Direct Deposit Account
Also effective June 21, 2024, if wages or tips are paid by direct deposit, the employee, not the employer, must select the bank account. Employers cannot require employees to use an account at a particular financial institution.
Tip Payment and Tip-Sharing Policy Rules
Beginning June 21, 2024, tips and gratuities must be paid by cash, cheque, or direct deposit only. Gift cards, store credit, or other payment methods are not permitted.
Where an employer has a tip-pooling policy under which the employer, a director, or a shareholder shares in the tips, that policy must be:
- Posted in a clearly visible location in the workplace
- Retained in records for three years after the policy stops being in effect
Customer Deductions (Dine-and-Dash / Gas-and-Dash)
An employer may only deduct from an employee's wages for a customer leaving without paying if two conditions are met: the employee was the only person who had access to the cash or property, and the employee provided written authorization for the deduction. Employers cannot have blanket policies making all service staff responsible for a customer's non-payment.
Bill 190, Working for Workers Five Act, 2024 (Royal Assent: October 28, 2024)
Bill 190 brought the most wide-ranging Ontario employment law changes of the 2024 series, amending both the ESA and the OHSA. (Source: Working for Workers Five Act, 2024, SO 2024, c 19)
No Sick Notes for ESA Statutory Sick Leave (In Force: October 28, 2024)
Employers can no longer require a certificate from a "qualified health practitioner" as evidence that an employee is entitled to ESA statutory sick leave. This change took effect immediately on Royal Assent.
Employers may still require "evidence that is reasonable in the circumstances," but asking an employee to produce a doctor's note for a short statutory sick leave is no longer permitted.
OHSA Now Applies to Remote Workers (In Force: October 28, 2024)
The Occupational Health and Safety Act now expressly applies to telework performed in or about a private residence. If your employees work from home, you have OHSA obligations, including workplace harassment and violence policies that cover remote work situations. Note that while OHSA applies to the telework arrangement, a home office is not classified as an "industrial establishment" under the Act.
Virtual JHSC Meetings Permitted (In Force: October 28, 2024)
Joint Health and Safety Committee (JHSC) meetings no longer need to be held in person. Virtual meetings are now explicitly permitted under OHSA, and the posting requirement for OHSA documents may be satisfied by providing workers with access to electronic copies.
Washroom Facilities for Workers (In Force: July 1, 2025 / January 1, 2026)
Constructors and employers must:
- As of July 1, 2025: Maintain washroom facilities provided for workers in a clean and sanitary condition
- As of January 1, 2026: Maintain records of cleaning dates and times, showing the two most recent cleanings, and post these records in a visible location
Job Posting Transparency Rules (In Force: January 1, 2026)
These rules came from a combination of Bills 149 and 190, implemented through Regulation 476/24. They apply to Ontario employers with 25 or more employees who publicly advertise job postings. (Source: Ont Reg 476/24)
As of January 1, 2026, which is already in the past as you read this, Ontario employers with 25 or more employees must comply with the following for every publicly advertised job posting:
Compensation disclosure: Include the expected compensation or compensation range for the position. The range cannot exceed $50,000 (e.g., you can post "$60,000–$75,000" but not "$60,000–$120,000"). This requirement does not apply to positions where the expected compensation, or the end of the range, exceeds $200,000 per year.
AI disclosure: Disclose whether artificial intelligence is used in screening, assessing, or selecting applicants. The ESA defines AI as "a machine-based system that, for explicit or implicit objectives, infers from the input it receives to generate outputs such as predictions, content, recommendations or decisions." If your ATS uses any such system to filter or rank candidates, disclosure is required.
Existing vacancy disclosure: State whether the posting is for an existing vacancy. This addresses the practice of "speculative" postings used to build talent pipelines without any current opening.
No Canadian experience requirements: You cannot require Canadian work experience in job ads or application forms.
Applicant notification: After interviewing an applicant for a publicly advertised posting, you must notify the applicant of a hiring decision within 45 days of their most recent interview. Notification can be in person, in writing, or by electronic means.
Record retention: Retain copies of every public job posting and associated application forms for three years after the posting comes down.
Bill 229, Working for Workers Six Act, 2024 (Royal Assent: December 19, 2024)
Bill 229 introduced new employee leaves, stronger OHSA penalties, and updated WSIB coverage. (Source: Working for Workers Six Act, 2024, SO 2024, c 41)
Long-Term Illness Leave, Up to 27 Weeks Unpaid (In Force: June 19, 2025)
A new leave entitlement was added to the ESA (s. 49.8). Employees who have been employed for at least 13 consecutive weeks are entitled to take up to 27 weeks of unpaid leave in a 52-week period if they will not be performing their job duties because of a serious medical condition. A certificate from a qualified health practitioner is required. The weeks of leave do not need to be consecutive.
This is a significant change for employers with long-tenured employees facing serious illness. The leave is unpaid but the employee's job is protected.
Placement of a Child Leave, Up to 16 Weeks Unpaid
A new placement of a child leave was added to the ESA (s. 47.1). Employees with at least 13 weeks of service will be entitled to up to 16 weeks of unpaid leave for the placement or arrival of a child through adoption or surrogacy.
PPE Must Fit Properly (In Force: December 19, 2024)
The OHSA was amended to require that personal protective equipment provided by employers fits properly and is appropriate in the circumstances for each individual worker. A one-size-fits-all approach is no longer compliant.
Minimum $500,000 Fine for Repeat OHSA Offences (In Force: December 19, 2024)
Corporations convicted of a second or subsequent offence under the OHSA within a two-year period, where the offence resulted in the death or serious injury of a worker, face a minimum fine of $500,000. This mandatory minimum removes judicial discretion to impose a lower fine. Maximum penalties also increased: corporations can now face fines of up to $2,000,000 per offence.
WSIB Presumptive Coverage, Firefighters
As of July 1, 2025, firefighters and fire investigators diagnosed with primary-site kidney cancer or primary-site colorectal cancer benefit from expanded WSIB presumptive coverage. For kidney cancer, the required duration of service prior to diagnosis was reduced from 20 years to 10 years. For colorectal cancer, the age requirement for diagnosis (previously required before age 61) was removed. The illness is presumed to be work-related.
Digital Platform Workers' Rights Act (In Force: July 1, 2025)
Although not technically part of Bill 229, the Digital Platform Workers' Rights Act came into force July 1, 2025, establishing minimum rights for gig economy workers, including those working for ride-share, food delivery, and courier platforms operating in Ontario.
Ontario Employment Law Updates 2024: Employer Compliance Timeline
| Effective Date | Requirement | Who It Applies To |
|---|---|---|
| March 21, 2024 | Trial period workers are ESA employees | All employers |
| June 21, 2024 | Written vacation pay agreements; tip payment by cash/cheque/direct deposit; employee selects deposit account | All employers |
| October 28, 2024 | No sick notes for ESA sick leave; OHSA applies to remote workers; virtual JHSC meetings permitted | All employers |
| December 19, 2024 | PPE must fit properly; minimum $500,000 fine for repeat OHSA offences causing death/injury | All employers / constructors |
| June 19, 2025 | Long-term illness leave (up to 27 weeks unpaid, ESA s. 49.8) | All employers (employees with 13+ consecutive weeks) |
| July 1, 2025 | Employment information required before first workday; washroom maintenance for workers | Employers with 25+ employees / constructors |
| July 1, 2025 | Digital Platform Workers' Rights Act; expanded WSIB coverage for firefighters (kidney and colorectal cancer) | Platform operators; firefighters/fire investigators |
| January 1, 2026 | Job posting rules: salary range, AI disclosure, vacancy status, no Canadian experience requirement, 45-day notification, 3-year records | Employers with 25+ employees |
| January 1, 2026 | Washroom cleaning records (two most recent cleanings) | All constructors / employers |
| Pending proclamation | Placement of a child leave (up to 16 weeks unpaid, ESA s. 47.1) | All employers (employees with 13+ weeks) |
What Ontario Employers Should Do Now
Most of the 2024 Working for Workers obligations are now in force. Here is where to focus your compliance efforts:
Review your job postings immediately. If you employ 25 or more people, all publicly advertised job postings must now comply with the salary range, AI disclosure, and vacancy disclosure rules. Review your current postings and your ATS setup.
Update onboarding documentation. As of July 1, 2025, employers with 25 or more employees must provide employees with written information about their employment (legal name, contact information, initial work location, wage rate, pay period, and anticipated hours) before their first day of work.
Review your leave policies. The long-term illness leave (up to 27 weeks) has been in force since June 2025. Update your employee handbook and HR policies to reflect this new entitlement.
Check your OHSA remote work policies. If any employees work from home, your OHSA compliance program, including workplace harassment and violence policies, must extend to those remote settings.
Audit PPE. Ensure all PPE provided to workers is properly fitted for each individual and appropriate for their specific tasks.
Train supervisors and HR. Multiple changes affect how you manage sick leave, trial periods, tips, and job postings. Training reduces the risk of inadvertent violations.
Frequently Asked Questions
What is Ontario's Working for Workers legislation?
"Working for Workers" is a series of annual Acts passed by the Ontario government since 2021, amending the Employment Standards Act, the Occupational Health and Safety Act, and related statutes. The 2024 series, Bills 149, 190, and 229, introduced job posting transparency, new leaves, remote worker protections, and stronger OHSA penalties. Most provisions are now in force as of 2025–2026.
Do Ontario employers need to include salary ranges in job postings?
Yes, if you employ 25 or more people. As of January 1, 2026, all publicly advertised job postings must include the expected compensation or compensation range. The range cannot span more than $50,000. Positions where the expected compensation or the top of the range exceeds $200,000 annually are exempt from this requirement.
Can my employer ask for a doctor's note in Ontario?
Under the ESA, employers can no longer require a certificate from a qualified health practitioner (such as a doctor) for statutory sick leave. This changed on October 28, 2024. Employers may still require "reasonable evidence in the circumstances," but a doctor's note for a short statutory sick leave is not reasonable evidence under the current ESA.
What is the new long-term illness leave in Ontario?
Long-term illness leave (ESA s. 49.8), introduced by Bill 229, entitles employees who have worked for an employer for at least 13 consecutive weeks to up to 27 weeks of unpaid, job-protected leave per 52-week period if a serious medical condition prevents them from performing their job duties. Weeks do not need to be taken consecutively. A certificate from a qualified health practitioner is required. This leave has been in force since June 19, 2025.
Do the Working for Workers Acts apply to businesses with fewer than 25 employees?
Many provisions apply to all Ontario employers regardless of size, including the trial period employee rule, the vacation pay agreement requirement, the tip payment rules, the sick note prohibition, OHSA remote work obligations, and all of the Working for Workers Six Act changes. The 25-employee threshold applies specifically to the job posting transparency rules and the pre-employment information requirements.
What is the AI disclosure requirement for Ontario job postings?
If your hiring process uses any AI-based system to screen, assess, or rank candidates, including applicant tracking systems that use machine learning, your job postings must disclose this. The disclosure must appear in the posting itself. This requirement came into force January 1, 2026, and applies to employers with 25 or more employees.
What changed about tips in Ontario?
As of June 21, 2024 (Bill 149), tips must be paid only by cash, cheque, or direct deposit. The employee selects the direct deposit account. Where an employer or director participates in a tip pool, the policy must be posted visibly and kept on record for three years. Employers may only deduct from wages for customer walk-offs in very narrow circumstances (sole access plus written employee authorization).
What are the new OHSA penalties under Working for Workers?
Bill 229 introduced a minimum fine of $500,000 for corporations convicted of a second or subsequent OHSA offence within two years where the offence caused the death or serious injury of a worker. This is a floor, not a ceiling, maximum penalties also increased to $2,000,000 per offence for corporations.
Sources & Official Resources
Ontario Statutes Cited
- Working for Workers Four Act, 2024, SO 2024, c 3
- Working for Workers Five Act, 2024, SO 2024, c 19
- Working for Workers Six Act, 2024, SO 2024, c 41
- Employment Standards Act, 2000, SO 2000, c 41
Ontario Regulations Cited
Government Resources
- Ontario's Guide to the Employment Standards Act, Recent Changes
- Ontario's Guide to the ESA, Requirements Related to Publicly Advertised Job Postings
- Ontario's Guide to the ESA, Long-Term Illness Leave
- Ontario Newsroom, Working for Workers Five Act Backgrounder
- Ontario Newsroom, Working for Workers Six Act Backgrounder
- Ontario Newsroom, Regulations and Statutes in Force as of January 1, 2026
- WSIB, Firefighter Presumptive Care FAQ
Contact Hadri Law
Ontario's employment law changes every year, and staying compliant takes more than reading a summary. If you are an employer trying to understand which rules apply to your business, or an employee who believes your rights have been violated, Hadri Law can help.
Nassira El Hadri is a Corporate & Commercial Lawyer practising at First Canadian Place in Toronto. The firm advises businesses on employment and commercial matters in English, French, Spanish, and Catalan.
Call (437) 974-2374 or book a free consultation online. Let us help you understand what the 2024 Working for Workers Acts mean for your situation.
