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

Effective October 28, 2024, employers can not need employees to provide a certificate from a qualified health professional (a medical note). A "competent health professional" is an individual who is certified to as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have actually dedicated an offense under the ESA. If founded guilty, an individual could be subject to a fine or a regard to jail time or both.

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

Definition of employee

The Employment Standards Act (ESA) specifies an employee to include an individual who:

- carries out work for a company for incomes

- products services to a company for earnings

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

- is a homeworker

- was a worker


On March 21, 2024, the significance of "training" was expanded to consist of work carried out during a trial period. A staff member now consists of an individual who performs work throughout a trial duration for a company, if the abilities being evaluated throughout the trial duration are skills utilized by the employer's staff members or could be used by workers if there are no other workers. This implies the hours worked throughout the trial duration must be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA prohibits employers from making deductions from salaries when the employer had a cash scarcity, lost home or had actually residential or commercial property stolen and a person aside from the worker had access to the money or home.

On March 21, 2024, the ESA was amended to confirm that this includes deductions from earnings in "dine and dash", "gas and dash" and other comparable circumstances.

Payment of earnings - direct deposit

The ESA requires employers to pay salaries by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the employee's name and employment no one aside from the staff member can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the company wants to pay incomes by direct deposit: the account should be chosen by the worker. This suggests the staff member needs to decide which account to use and employment the company can not restrict an employee's area by, for instance, requiring the worker to use an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their earnings are to be deposited. If a company previously restricted a staff member's account choice - for instance, by needing them to use an account at a particular banks - it is the employer's responsibility to validate the staff member's choice of their preferred account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their salaries deposited to a various account and, employment when that takes place, the employer should make the change.

Vacation pay contracts

The ESA permits a company to pay getaway pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the staff member. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker should make an arrangement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be spoken and should be made in composing (consisting of electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities - techniques of payment

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

- money

- cheque

- direct deposit


If payment is by money or cheque, the staff member must be paid the ideas or employment other gratuities at the workplace or at some other place concurred to electronically or employment in writing by the employee.

If payment is made by direct deposit, the account should be chosen by the employee and be in the worker's name. Nobody other than the employee can have access to the account, unless the worker has authorized it.

The requirement that the worker pick the account means the employee needs to decide which account to utilize, and the company can not limit a worker's choice by, for instance, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can choose the account where their ideas are to be transferred. If a company previously limited a staff member's account choice - for example, by needing them to utilize an account at a particular monetary institution - it is the employer's obligation to validate the worker's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their pointers transferred to a various account and, when that takes place, the employer should make the modification.

Tips sharing policy

The ESA allows employers, as well as directors and shareholders of an employer, to share in suggestions, if defined criteria are met.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in a pointer swimming pool, the company will be needed to post a copy of that policy in a clearly noticeable place in the workplace where it is most likely to come to the attention of workers.

The requirement to post a policy does not need an employer to develop a policy. It uses if a company has a written policy in location or if a company has a recognized practice of sharing in a tip swimming pool that is consistently used (even if it's not jotted down). If the company has an unwritten however recognized, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not define the info that should appear in the policy, employment as long as the posted file is a real copy of the policy that is in place and plainly mentions that the employer or a director or investor of the employer shares in the tip pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every tips sharing policy that is needed to be published for three years after the policy stops being in impact.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will come into force that establish new requirements for companies related to openly marketed task postings.

Temporary assistance firm and recruiter licensing

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

- Temporary assistance firms are required to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-lived help firm unless the agency holds a licence. (Discover more about the relationship in between momentary aid companies and customers.).


- Employers, prospective companies and other employers are restricted from knowingly engaging or employment utilizing the services of any employer that does not hold a licence.

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

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

- Adding a surety bond as a new acceptable type of security for all candidates,.

- excusing specific employers from the security requirement under specified conditions,.

- changing the application charge and security requirements for entities applying both for a short-term aid firm and a recruiter licence.


The ministry's licensing website has actually been updated to show these modifications. Please check out that webpage for details.