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Under the Employment Standards Act, job 2000 (ESA), companies can need a staff member to offer proof sensible in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not require workers to provide a certificate from a certified health specialist (a medical note). A "certified health practitioner" is a person who is qualified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or is provided to the worker.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offense under the ESA. If founded guilty, an individual could be based on a fine or a regard to jail time or both.

As of October 28, 2024, the optimum fine for job individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of employee

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

- carries out work for a company for incomes

- products services to a company for earnings

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

- is a homeworker

- was a worker


On March 21, 2024, the significance of "training" was broadened to include work performed during a trial duration. A staff member now consists of a person who performs work throughout a trial duration for an employer, if the skills being examined throughout the trial period are abilities used by the company's staff members or could be utilized by staff members if there are no other staff members. This suggests 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 prohibits companies from making deductions from incomes when the company had a cash scarcity, lost residential or commercial property or had property stolen and an individual besides the staff member had access to the cash or property.

On March 21, 2024, the ESA was modified to verify that this includes deductions from earnings in "dine and dash", "gas and dash" and other comparable scenarios.

Payment of wages - direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the employee's name and no one other than the employee can have access to the account, job unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will remain in location if the employer wishes to pay wages by direct deposit: the account needs to be chosen by the employee. This suggests the employee must choose which account to utilize and the employer can not limit a worker's section by, for instance, needing the worker to use an account at a particular financial organization.

For job payments that are to be made after June 20, 2024, a worker can choose the account where their salaries are to be deposited. If an employer formerly restricted a staff member's account choice - for instance, by requiring them to utilize an account at a particular financial organization - it is the company's obligation to confirm the worker's selection of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their company that they want their incomes transferred to a various account and, when that happens, the company needs to make the modification.

Vacation pay arrangements

The ESA allows an employer to pay vacation pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, but only with the contract of the staff member. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make an arrangement 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 validates that such contracts can not be verbal and job should be made in writing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities - approaches of payment

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

- money

- cheque

- direct deposit


If payment is by cash or cheque, the staff member must be paid the tips or other gratuities at the workplace or at some other location consented to digitally or in composing by the employee.

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

The requirement that the staff member choose the account implies the staff member must decide which account to use, and the company can not restrict an employee's selection by, for example, needing the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their tips are to be deposited. If a company formerly restricted a worker's account choice - for instance, by needing them to use an account at a particular financial institution - it is the company's responsibility to validate the employee's choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their company that they want their suggestions deposited to a different account and, when that happens, the employer should make the change.

Tips sharing policy

The ESA enables companies, in addition to directors and investors of a company, to share in tips, if specified criteria are met.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in a tip swimming pool, the company will be required to post a copy of that policy in a clearly visible location in the office where it is likely to come to the attention of employees.

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

The ESA does not define the info 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 states that the employer or a director or investor of the company shares in the tip pool.

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

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that establish new requirements for companies connected to publicly marketed job posts.

Temporary aid firm and recruiter licensing

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

- Temporary help firms are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a temporary assistance agency unless the agency holds a licence. (Learn more about the relationship in between temporary help agencies and customers.).


- Employers, prospective companies and other employers are prohibited from intentionally engaging or using the services of any recruiter that does not hold a licence.

Where applications are made before July 1, job 2024 and a decision is pending, there is a transitional guideline that will use.

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

- Adding a surety bond as a new acceptable kind of security for all applicants,.

- excusing particular recruiters from the security requirement under defined conditions,.

- changing the application charge and security requirements for entities applying both for a temporary aid agency and an employer licence.


The ministry's licensing webpage has actually been upgraded to reflect these changes. Please check out that webpage for information.