In our last update, we outlined the details of the new job posting requirements introduced in Bill 149 (the Working for Workers Four Act, 2024) and Bill 190 (the Working for Workers Five Act, 2024), which will take effect on January 1, 2026.
In addition to the job posting requirements, the Ontario government has also now provided clarification on a few other notable changes introduced in Bill 190 and earlier legislative updates, including upcoming changes to the Employment Standards Act, 2000 (the “ESA“) and to the Occupational Health and Safety Act (the “OHSA“).
1. Information to be Provided to Employees
Bill 79 (the Working for Workers Act, 2023) amended the ESA by allowing for the development of regulations relating to “prescribing information that must be provided to an employee or a prospective employee, in writing, and when the information must be provided”.
A regulation has now been enacted which requires that an employer provide an employee with the following information before their first day of work or, where that is not practicable, as soon thereafter as is reasonably possible:
- The legal name of the employer, as well as any operating or business name of the employer if different from the legal name.
- Contact information for the employer, including address, telephone number and one or more contact names.
- A general description of where it is anticipated that the employee will initially perform work.
- The employee’s starting hourly or other wage rate or commission, as applicable.
- The pay period and pay day established by the employer.
- A general description of the employee’s initial anticipated hours of work.
These new requirements will come into effect on July 1, 2025. They will not apply to assignment employees, or to employers who employ fewer than 25 employees as of the employee’s first day of work.
2. Changes to the OHSA
The following amendments to the OHSA, which were first introduced in Bill 190, will come into effect as of July 1, 2025:
- A constructor or employer is required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition.
- The constructor or employer is also required to keep, maintain and make available records of the cleaning of washroom facilities.
- pursuant to a new regulation, effective January 1, 2026, cleaning records must be maintained that document the date and time of the two most recent cleanings for each washroom facility. These records may either be (1) physically posted in a conspicuous location near the washroom facilities, or (2) made available electronically, provided workers receive clear instructions on how and where to access this information.
- A constructor must maintain a record of the servicing, cleaning and sanitizing services of any toilet, urinal and clean-up facilities.
- pursuant to a new regulation, effective January 1, 2026 this record must also include the date of all services for the past six months or the duration of the project, whichever is shorter.
Key Takeaways
In regard to the information that must be provided to employees starting July 1, 2025, we recommend that employers review their employment agreements to ensure this information is included by default in their templates. Employers may also wish to update their Health and Safety policy to recognize the new requirements with respect to washroom facilities, and ensure their processes are also updated accordingly.
We can assist you to review and update your employment agreements and policies, and help you stay on top of legal changes like these and ensure your business is compliant. If you are an employee and want to understand how these new requirements impact you, please reach out to us.
