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 1. 
 2. Focus areas
 3. Employment law


ONTARIO PROPOSES BIGGER ESA FINES, GREATER JOB TRANSPARENCY WITH NEW LEGISLATION

'We are sending a clear message to those bad actor employers out there that
there are real consequences'


By Sarah Dobson
May 05, 2024
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The Ontario government is looking to crack down on exploitative employers, while
taking steps to level the playing field for jobseekers, through proposed
legislative changes.

These changes aim to ensure fair hiring practices and impose stricter penalties
on violators of the Employment Standards Act (ESA).

“We are sending a clear message to those bad actor employers out there that
there are real consequences for bad behaviour," said Minister of Labour,
Immigration, Training and Skills Development David Piccini.



The proposed legislation, if passed, would double the maximum fine for
individuals convicted of violating the ESA from $50,000 to $100,000, marking the
highest fine in Canada. Additionally, regulatory changes would increase the
penalty for repeat offenders who contravene the same ESA provision three or more
times from $1,000 to $5,000, one of the highest penalties in the country.

Violations targeted include:

 * failure to pay wages
 * discrimination based on gender
 * penalizing employees for taking pregnancy or parental leave.


NEW RULE FOR ONTARIO: DISCLOSE JOB VACANCIES

Furthermore, the Ontario government said it intends to propose changes requiring
larger employers to disclose the existence of job vacancies in publicly
advertised job postings and respond to job applicants they have interviewed for
such postings, setting a new standard in Canada. These measures aim to provide
transparency in the hiring process while ensuring prospective employees receive
timely responses, marking Ontario as a trailblazer in employment standards.

The government cited an October 2023 survey of 1,000 hiring managers by Clarify
Capital which found that 50 per cent of hiring managers reported creating job
openings to keep a talent pool “at the ready” for when they are hiring, without
the intention to hire in the immediate term

To implement these changes effectively, the government plans to engage in
consultations to mitigate potential red tape for employers and streamline
processes. This includes discussions on the size of businesses affected by the
regulations and the most efficient means of responding to jobseekers once
positions are filled, potentially through automated processes.,



These proposed legislative changes are part of a broader initiative aimed at
enhancing worker protections and promoting fairness in the workplace, said the
government. They build upon previous Working for Workers acts and reflect the
government's commitment to prioritizing the well-being of Ontario workers and
newcomers.




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