What You Need to Know About the Newest Employment Law Updates
While the Ontario Employment Standards Act, 2000 (“ESA”) governs the responsibilities that employers and employees have to one another, its provisions are subject to amendment. It is important for employers to stay informed on the changes to employment standards in Ontario, such as for termination pay or worker recruitment.
As we move into 2026, new workplace laws have been enacted. Many of these changes come from the recently passed Bill 30, the Working for Workers Seven Act, 2025, (“Bill 30”), the first phase of which went into effect on November 27 of this year. Other changes to the ESA and the Occupational Health and Safety Act (“OSHA”) are still incoming and will require compliance by January 1st, 2026.
New Regulations Regarding Job Postings and Recruitment
Starting next year, employers will need to comply with new regulations regarding job postings and recruitment. Pursuant to O. Reg. 476/24, these include the requirement for public advertised postings to include in job posting:
a) the expected range of compensation for the position, up to a $50,000 variation annually (not required for positions where the maximum compensation exceeds $200,000);
b) the use of AI in the hiring process; and
c) whether the posting is for an existing vacancy or not.
Other obligations include a ban on mandating Canadian work experience as part of any job application form, a requirement to give each applicant a hiring decision within 45 days of their final interview, and a policy for job posting platforms to address fraudulent postings and retain copies of said policies for three years after their expiry.
Employers who do not currently comply with these obligations would be advised to do so before the end of the year, so as to not risk legal repercussions. Note employers with fewer than 25 employees are exempt from abiding by the policy when it comes to job postings.
Other New Employment Updates Going Into 2026
Bill 30 also updates the OSHA to provide stronger worker protections. As of November 27, 2025, employers are now reimbursed for any defibrillators that are required to be equipped at the workplace. Further, all accredited health and safety systems will be treated as equivalents for any required purposes.
An additional regulation under the OSHA, O. Reg. 480/24, requires that, starting January 1, 2026, employers must provide a record of cleanings of on-site washroom facilities (at least the most recent two) in an accessible place, such as next to the facility or online where it can be easily found.
Changes that were effective on November 27, 2025
Job Seeking Leave
First, employers will now be required to provide terminated employees with additional leave.
The ESA’s newly added section 50.3 (“Job Seeking Leave”) entitles an employee who receives a mass termination notice to an unpaid leave of absence up to three days to perform job-hunting activities, such as sending out applications or being interviewed. Mass termination is defined as when “the employer terminates the employment of 50 or more employees” of the company within four weeks. Employers who are contemplating large layoffs to save costs should consider that, under this new provision, their employees may be entitled to stop coming into sooner than anticipated.
However, employers are also entitled to ask employees for evidence that their circumstances warrant such a leave. An exception also exists where an employer is not required to allow this Job Seeking Leave if they provide the employee with working notice that is equal to or less than 25% of the working notice obligated under the ESA (for instance, if the employer elects to pay 80% of notice as pay in lieu of notice and have only 20% of statutory notice be working notice).
Temporary Layoff for Non-Unionized Employees
Employers will now have a higher maximum period for temporarily laying off non-unionized employees.
Employers now have the power to extend temporary layoffs for non-unionized employees under s.56(2) of the ESA. Normally this is limited to 13 out of 20 consecutive weeks, or up to 35 out of 52 consecutive weeks in some circumstances, Bill 30 extends the maximum term to “less than 52 weeks in any period of 78 consecutive weeks”. This longer lay-off period will only be allowed if:
a) The employer has received an approval from the Director of Employment Standards; and
b) Both employer and employee agree to the time beforehand.
Conclusion
While there will be many employment law changes going into 2026, what remains true is that for every step of the employer-employee relationship, from recruitment to day-to-day operations to termination, proper communication of procedure and standards to workers is critical.
If you are an employer wishing to learn more about these new laws and what they mean for you, Walker Law’s team of experienced employment lawyers are happy to help. Contact our office today for a consultation.
Tags: Employment Litigation Law, Job Recruitment, New Employment Laws