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Under the Employment Standards Act, 2000 (ESA), companies can need a staff member to provide evidence sensible in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not need staff members to provide a certificate from a certified health practitioner (a medical note). A "certified health specialist" is a person who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

A prosecution might be started under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offense under the ESA. If founded guilty, an individual could be based on a fine or a regard to jail time or both.

As of October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) defines a worker to include a person who:

- carries out work for a company for earnings

- supplies services to an employer for employment incomes

- receives training from a company, if the ability they're being trained on is a skill used by the company's staff members

- is a homeworker

- was an employee


On March 21, 2024, the meaning of "training" was broadened to consist of work carried out during a trial period. A staff member now consists of a person who performs work during a trial period for a company, employment if the skills being evaluated during the trial duration are skills used by the company's workers or could be utilized by employees if there are no other workers. This suggests the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making reductions from earnings when the company had a money lack, lost home or had home stolen and a person aside from the employee had access to the money or residential or commercial property.

On March 21, 2024, the ESA was modified to validate that this consists of deductions from wages in "dine and dash", "gas and dash" and other similar circumstances.

Payment of wages - direct deposit

The ESA requires companies to pay incomes by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account must remain in the staff member's name and no one besides the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an will remain in location if the company wishes to pay incomes by direct deposit: the account must be selected by the staff member. This implies the employee needs to choose which account to utilize and the company can not restrict a staff member's section by, for instance, requiring the worker to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their incomes are to be deposited. If a company formerly limited an employee's account choice - for example, by needing them to use an account at a specific monetary institution - it is the company's obligation to verify the employee's selection of their desired account before they make the next payment after June 20, 2024. A staff member can also alert their company that they desire their incomes deposited to a different account and, when that takes place, the company needs to make the modification.

Vacation pay contracts

The ESA enables a company to pay getaway pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the agreement of the staff member. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker should make an arrangement with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and need to be made in composing (including digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities - approaches of payment

Beginning June 21, 2024, employers will be needed to pay tips or other gratuities by either:

- cash

- cheque

- direct deposit


If payment is by cash or cheque, employment the staff member must be paid the tips or other gratuities at the workplace or at some other place consented to digitally or in writing by the staff member.

If payment is made by direct deposit, the account needs to be picked by the staff member and be in the staff member's name. Nobody other than the staff member can have access to the account, unless the staff member has actually licensed it.

The requirement that the employee pick the account suggests the staff member needs to decide which account to use, and the company can not restrict a staff member's choice by, for example, needing the employee to use an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their ideas are to be transferred. If an employer formerly restricted a worker's account selection - for example, by requiring them to utilize an account at a particular banks - it is the company's responsibility to verify the employee's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise inform their company that they desire their tips transferred to a various account and, when that happens, the company must make the change.

Tips sharing policy

The ESA permits employers, as well as directors and shareholders of an employer, to share in tips, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in an idea pool, the company will be needed to publish a copy of that policy in a plainly visible place in the workplace where it is most likely to come to the attention of employees.

The requirement to post a policy does not need a company to develop a policy. It uses if an employer has a written policy in place or if a company has an established practice of sharing in an idea pool that is regularly applied (even if it's not made a note of). If the employer has an unwritten but established, consistently-applied practice in location, the employer needs to put the policy in composing and employment publish a copy of the policy.

The ESA does not specify the info that should appear in the policy, as long as the posted document is a true copy of the policy that remains in place and plainly states that the employer or a director employment or shareholder of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every ideas sharing policy that is needed to be published for 3 years after the policy stops being in impact.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that develop new requirements for companies connected to openly marketed task posts.

Temporary help firm and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

- Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a short-lived assistance agency unless the company holds a licence. (Discover more about the relationship in between short-lived aid companies and customers.).


- Employers, potential companies and other employers are forbidden from intentionally engaging or using the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, there is a transitional rule that will use.

On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The changes consist of:

- Adding a surety bond as a brand-new appropriate form of security for employment all candidates,.

- exempting certain employers from the security requirement under specified conditions,.

- altering the application fee and security requirements for employment entities using both for a temporary aid agency and an employer licence.


The ministry's licensing web page has actually been upgraded to reflect these changes. Please go to that website for information.