Ontario’s Fifth Working For Workers Act Has Passed

On October 28, 2024, the Ontario government passed the “Fifth Working for Workers Act”, introducing key updates to workplace policies. These changes/requirements affect all employers in Ontario, so whether or not you are currently working with a staffing firm like ABL to advertise and/or fill your currently available positions, you should know about these updates. Below is a summary of the key changes:

1) Sick Notes

• Prohibition on Sick Notes: The Act prohibits employers from requiring a sick note to validate entitlement to the three job-protected unpaid sick-leave days.

2) Recruitment Amendments (Effective Date to be Proclaimed)

The following amendments will come into effect on a future date, yet to be determined:

• Job Posting Transparency: Employers are required to disclose whether a vacancy truly exists in publicly advertised job postings.
• Interview Information: Employers who interview an applicant for a publicly advertised job posting must provide the applicant with prescribed information within a prescribed time period.

3) Additional Changes (from Bill 149, Also Awaiting Proclamation)

• Pay Transparency: Employers who post a publicly advertised job posting are required to disclose either the expected compensation or a range of expected compensation.
• Canadian Experience Requirements: Employers who post a publicly advertised job posting are prohibited from including any requirements relating to Canadian experience in the posting or any associated application form.
• Disclosure of Artificial Intelligence (AI) Use: Employers who post a publicly advertised job posting and who use artificial intelligence to screen, assess or select applicants for the position must include in the posting a statement disclosing the use of artificial intelligence.