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Under the Employment Standards Act, 2000 (ESA), companies can require a worker to supply proof sensible in the situations that they are entitled to authorized leave under the ESA.

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

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is believed to have actually committed an offence 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 optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of staff member

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

- carries out work for a company for salaries
- materials services to a company for wages
- gets training from a company, if the skill they're being trained on is a skill used by the company's employees
- is a homeworker
- was a staff member
On March 21, 2024, the significance of "training" was expanded to include work carried out throughout a trial period. A staff member now includes an individual who carries out work throughout a for an employer, if the skills being assessed during the trial duration are skills used by the employer's staff members or could be used by workers if there are no other workers. This means the hours worked throughout the trial duration should be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA prohibits employers from making deductions from earnings when the employer had a cash shortage, lost residential or commercial property or had residential or commercial property taken and an individual besides the employee had access to the money or residential or commercial property.

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

Payment of earnings - direct deposit

The ESA requires companies to pay earnings by money, cheque or employment direct deposit. If the wages are paid by direct deposit, the account needs to be in the employee's name and no one besides the staff member can have access to the account, unless the staff member has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wishes to pay incomes by direct deposit: the account must be selected by the worker. This suggests the employee needs to choose which account to use and the employer can not limit an employee's area by, employment for instance, needing the staff member to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, employment 2024, a worker can choose the account where their salaries are to be deposited. If a company previously limited a staff member's account choice - for example, employment by needing them to utilize an account at a particular banks - it is the employer's obligation to confirm the employee's selection of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their employer that they desire their wages transferred to a various account and, when that takes place, the employer must make the modification.

Vacation pay agreements

The ESA permits an employer to pay holiday pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the arrangement of the staff member. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member needs to make an agreement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be verbal and need to be made in writing (including electronically), consistent with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash
- cheque
- direct deposit
If payment is by money or cheque, the staff member should be paid the tips or other gratuities at the workplace or at some other location concurred to electronically or in writing by the worker.

If payment is made by direct deposit, employment the account needs to be picked by the employee and employment be in the worker's name. Nobody aside from the worker can have access to the account, unless the employee has authorized it.

The requirement that the worker pick the account means the employee needs to decide which account to utilize, and the employer can not restrict a worker's selection by, for example, requiring the worker to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their tips are to be transferred. If an employer previously limited a worker's account choice - for instance, by needing them to utilize an account at a particular banks - it is the company's duty to confirm the staff member's selection of their wanted account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they want their tips transferred to a various account and, when that occurs, the company must make the change.

Tips sharing policy

The ESA enables employers, in addition to directors and shareholders of a company, to share in ideas, if specified 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 suggestion swimming pool, the company will be needed to post a copy of that policy in a plainly noticeable location in the workplace where it is likely to come to the attention of staff members.

The requirement to publish a policy does not require a company to establish a policy. It uses if a company has a written policy in place or if a company has an established practice of sharing in a tip pool that is regularly applied (even if it's not composed down). If the company has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in writing and post a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the posted file is a real copy of the policy that remains in location and clearly specifies that the company or a director or investor of the company shares in the suggestion 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 effect.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will come into force that develop brand-new requirements for companies related to publicly marketed job postings.

Temporary assistance company and employer licensing

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

- Temporary assistance companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a short-lived help firm unless the company holds a licence. (Find out more about the relationship between short-term assistance agencies and customers.).
- Employers, potential companies and other recruiters are restricted from knowingly engaging or 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 apply.

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

- Adding a surety bond as a brand-new acceptable type of security for all applicants,.
- excusing specific employers from the security requirement under specified conditions,.
- altering the application cost and security requirements for entities applying both for a short-lived help company and a recruiter licence.
The ministry's licensing webpage has actually been updated to reflect these changes. Please visit that webpage for details.