Ontario Passes the Working for Workers Four Act

By Lauren Mazzuca

On March 21, 2024, Ontario’s Bill 149, the Working for Workers Four Act, 2023 (the “Act”) received royal assent. The Act implements important legislative changes which are meant to provide further protections for workers in Ontario while imposing further obligations on employers. Some of the changes will take effect immediately and others will not come into effect until either June 21, 2024 or at a date to be determined by the Government of Ontario. In other words, employers are well advised to prepare for such changes.

Some of the notable changes made to the Employment Standards Act, 2000 (the “ESA”) include the following:

  • The definition of “employee” in the ESA is amended to include an individual completing “training” as including work performed during a trial period. In other words, any worker completing a trial period are now recognized as an employee and must be compensated for any work done.
  • The vacation pay sections of the ESA will be amended to clarify that any alternate pay arrangement agreement between an employer and employee must be in writing.
  • An employer must include information about the expected compensation for a position, or range of expected compensation, in any publicly advertised job posting.
  • An employer must disclose in any publicly available job posting if it uses artificial intelligence (“AI”) to screen, assess or select applicants.
  • An employer must not include any requirement related to having Canadian experience in any publicly advertised job positing or associated job application form.
  • An employer must retain copies of any publicly advertised job posting and associated application forms for three years after public access to the posting has been removed.
  • The requirement of an employer to include information about the expected compensation or the range of expected compensation for an advertised position.

In addition, the terms “publicly advertised job posting” and “artificial intelligence” are to be defined in forthcoming regulations.

Takeaway

We will continue to monitor the status of various amendments enacted under the Act. In the meantime, employers should be mindful of the requirements and restrictions for job posting and wage protections among other changes.

 

Back To Top Skip to content