Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to supply proof sensible in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need staff members to supply a certificate from a competent health professional (a medical note). A "certified health professional" is a person who is qualified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offence under the ESA. If convicted, a person might be based on a fine or a regard to jail time or both.

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

Definition of worker

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

- performs work for an employer for wages

- products services to a company for wages

- gets training from an employer, if the skill they're being trained on is an ability utilized by the company's staff members

- is a homeworker

- was an employee


On March 21, 2024, the significance of "training" was broadened to include work carried out throughout a trial duration. An employee now consists of a person who performs work during a trial period for an employer, if the abilities being evaluated throughout the trial duration are skills utilized by the employer's staff members or could be used by staff members if there are no other staff members. This indicates the hours worked during the trial duration need to be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making deductions from salaries when the employer had a cash lack, lost residential or commercial property or had property taken and a person aside from the employee had access to the money or home.

On March 21, 2024, the ESA was amended to validate that this consists of deductions from incomes in "dine and rush", "gas and dash" and other similar situations.

Payment of salaries - direct deposit

The ESA needs employers to pay salaries by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the staff member's name and nobody besides the staff member can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an additional requirement will be in place if the employer wishes to pay incomes by direct deposit: the account needs to be picked by the worker. This means the staff member should decide which account to utilize and the employer can not restrict an employee's area by, for example, needing the staff member to utilize an account at a specific banks.

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 an employer previously limited an employee's account choice - for instance, by needing them to use an account at a specific banks - it is the company's duty to confirm the employee's selection of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their wages transferred to a various account and, when that occurs, the employer needs to make the change.

Vacation pay contracts

The ESA enables a company to pay holiday pay to a worker on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the worker. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make a contract with the company in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be spoken and should be made in writing (including electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities - approaches of payment

Beginning June 21, 2024, employers will be required to pay tips or other gratuities by either:

- cash

- cheque

- direct deposit


If payment is by cash or cheque, the employee must be paid the suggestions or other gratuities at the workplace or at some other location consented to electronically or in writing by the worker.

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

The requirement that the staff member select the account suggests the staff member must decide which account to utilize, and the employer can not limit an employee's selection by, for example, employment needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their suggestions are to be deposited. If a company previously limited a worker's account selection - for instance, by requiring them to utilize an account at a specific banks - it is the employer's obligation to confirm the worker's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also notify their company that they want their suggestions deposited to a different account and, when that happens, the company must make the modification.

Tips sharing policy

The ESA allows companies, as well as directors and shareholders of a company, to share in tips, if specified requirements are met.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a suggestion swimming pool, the company will be needed to post a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of employees.

The requirement to post a policy does not need 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 suggestion swimming pool that is consistently applied (even if it's not documented). If the employer has an unwritten however established, consistently-applied practice in place, the employer needs to put the policy in writing and post a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly mentions that the employer or a director or investor of the employer shares in the idea swimming pool.

Effective, June 21, 2024, companies will likewise be required to keep a copy of every suggestions sharing policy that is needed to be published for 3 years after the policy stops being in impact.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for employers connected to openly marketed task postings.

Temporary assistance agency and employer licensing

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

- Temporary help companies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a temporary help agency unless the agency holds a licence. (Find out more about the relationship in between short-term assistance agencies and clients.).


- Employers, potential employers and other recruiters are restricted from intentionally engaging or utilizing the services of any recruiter that does not hold a licence.

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

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

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

- exempting specific employers from the security requirement under defined conditions,.

- altering the application charge and security requirements for entities applying both for a temporary help agency and a recruiter licence.


The ministry's licensing web page has actually been upgraded to reflect these modifications. Please go to that website for information.